Filing I-130 for mother

nirambha

New Member
I am a US Citizen.
My mother is currently in the US on non-immigrant visa with I-94 expiring on Aug-11th.
I am planning to file her I-130 around Jul-25th.
I have the following questions:

1) My mother does not have birth certificate or non-availability. We have two affidavits, one from her mother and one from her aunt. Can we file her I-130 based on this affidavit?
2) Can she stay in the US once her I-130 is filed and we did not receive the receipt of application?
3) Can we do consular processing if we have only the affidavits?
 
You have to file I-130 and I-485, to file a I-130 you all you need is only your Birth certificate for mother not hers, it maybe required for 485 follow the instructions for 485 but the requirement for non availability is a affidavit from her mother and that you already have with a pending 130 and 485 she can overstay and that is protected.
Keep the copies of the paperwork filed and pay by check for your records, you should get a receipt in about two weeks after you file, send it through overnight so you have delivery confirmation also.
 
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