Filing I-130 for parent in USA on visitor's visa

[AAgarwal]

Hello,

Mother has been in USA for the past 3 months and is on a 6-month visitor visa. Have been thinking of applying for her GC.

Will it be a problem if I do AOS here in USA?


Based on inputs from other threads I've gotten the following forms to be filled:
I-130 + G1145
I-131
G-325A
I-485
I-693
I-765 and
I-864


While filling these forms the following are my questions:
I-130:
Item C(2) - Address - what address should I give - India address or my address here in usa?
Documents - only two pieces required with this form - my naturalization certificate and birth certificate (actually will be using a 15 year old affidavit that I'd used earlier while applying for GC since my birth was never registered). Is that ok?

I-131:
Part 4, Section 1(a) - What reason should one give for AP application?
Part 7 - What should one say as to why one qualifies for AP?

G325A:
Applicant's address for last 5 years - Do I need to include usa address for the past 3 months that she has been living in (or basically my address) or should I just include her India address? She visited me the past 2 years as well and should I include my address again for those time periods?


Will keep asking questions on this thread as and when I fill up other forms and perhaps this can assist other people in filling up the forms.

Thanks in advance for your help.

 

[nkm-oct23]

It is OK to file AOS in the US if the decision to apply I-130 was taken after arriving in the US.

In I-130 C2 put address of the beneficiary at the time of filing (which will be same as your address in US).

Other than affidavits you will require a letter of no record of birth for yourself, this is an absolutely necessary requirement.

Your mother will need a birth certificate for herself, if it is not available then 2 affidavits from close relatives and a letter from muncipal or village registrar of births stating that there is no record of birth.

In I-131 part 4 1(a) you can state "temporary visit to my home in India". In Part 7 you can state "Parole requested for any unexpected trips to my home country while my application for adjustment of status is pending"

In G325A use her address in India.

Please note that there is only one fees $1070 which covers EAD and AP (EAD and PA will be issued as one document).

Your mom will also need a medical examination report I-693 froma designated US doctor and you will have to file I-864/I-864A/I-864EZ affidavit of support.

 

[AAgarwal]

It is OK to file AOS in the US if the decision to apply I-130 was taken after arriving in the US..

---Well the fact that mother does not have a birth certificate and her affidavits are currently being done now (after 3 months) should be evidence that the decision to file I-130 was taken after coming here. Else she would have done the affidavits when she was in India. Will that be not enough? What evidence can people come up with?

In I-130 C2 put address of the beneficiary at the time of filing (which will be same as your address in US)..

-- ok will do

Other than affidavits you will require a letter of no record of birth for yourself, this is an absolutely necessary requirement..

Yes - I do have that. You are right since just affidavits do not work on their own. But since affidavits are over 15 years old (when I used them for my GC application) I was wondering if UCIS needed a recent affidavit. These documents should already be there in their files.

Your mother will need a birth certificate for herself, if it is not available then 2 affidavits from close relatives and a letter from muncipal or village registrar of births stating that there is no record of birth..

--am in the process of getting that but which form needs her birth certificate?

In I-131 part 4 1(a) you can state "temporary visit to my home in India". In Part 7 you can state "Parole requested for any unexpected trips to my home country while my application for adjustment of status is pending".

-- will do..Also the fact that she was not prepared for filing is the reason why she needs to make a trip to take care of personal matters. Perhaps this can also be used as evidence of filing I-130 after coming here.

In G325A use her address in India.

---so, no mention of her stay here the past few years as visitor?

Please note that there is only one fees $1070 which covers EAD and AP (EAD and PA will be issued as one document).

Your mom will also need a medical examination report I-693 froma designated US doctor and you will have to file I-864/I-864A/I-864EZ affidavit of support.

Yes. I did have those forms listed in my OP.

Thank you your assistance.

 

[nkm-oct23]

Since you are filing a few months after her arrival, you should be fine. No evidence is required to prove it. This has been my personal experience.

Old affidavits might work, not so sure. If USCIS needs newer ones, they will ask.

I-485 needs her birth certificate.

She was visiting here, not living here. So no need to mention US addresses for past 5 years.

PM me if you need more info.

 

[newacct]

I-131:
Part 4, Section 1(a) - What reason should one give for AP application?

You are not supposed to get to that part of the form. For advance parole, you are supposed to skip from Part 3, question 3 to Part 7.

Part 7 - What should one say as to why one qualifies for AP?

You don't need to say anything. You automatically qualify for AP as an AOS applicant.

 

[AAgarwal]

Thanks for your reply.

You are not supposed to get to that part of the form. For advance parole, you are supposed to skip from Part 3, question 3 to Part 7..

You are absolutely right. Looked at the form again and see that I missed non-DACA related AP.

You don't need to say anything. You automatically qualify for AP as an AOS applicant.

So I should ignore instructions given in the first paragraph to include documentation etc.?

 

[newacct]

So I should ignore instructions given in the first paragraph to include documentation etc.?

Well, it says to see instructions. The instructions say that you need an explanation, or if you're an AOS applicant, a receipt for it. Since you are filing it concurrently, you don't need a receipt.

 

[AAgarwal]

Well, it says to see instructions. The instructions say that you need an explanation, or if you're an AOS applicant, a receipt for it. Since you are filing it concurrently, you don't need a receipt.

Sorry. got occupied at work due to deadlines and could not make any progress here.

So, instructions for this form are not clear. Do I need to attach anything to state that this form is being filed along with I-485. Instructions on page 8 does suggest what you mentioned - copy of I-94 AND I-485 receipt. So how and where do I mention that I-485 is being filed concurrently - separate statement or cover letter?


Also instructions mention that there is a 2D bar code that will be printed - Pg 7 Paragraph 1. But I do not see any bar code being printed on page. Am I doing anything incorrectly here?


Also, fees of $360 for Advance Parole does not apply to me. Should I mention this in cover letter as well?

Thanks for your help

 

[AAgarwal]

I-485 Form
needs G325A (not G325), I-864, Birth Certificate of Mother, passport+visa copy, 2 photos
Fees - $985 + $85

Is the above correct?

Part 2 - Application Type - Should I select (h) and write "Concurrent Filing" or do I need to do something else?


Does I-485 supplemental form apply to us or should I ignore that?

Thank you for your help

 

[nkm-oct23]

I-485 Form
needs G325A (not G325), I-864, Birth Certificate of Mother, passport+visa copy, 2 photos
Fees - $985 + $85

Is the above correct?

Part 2 - Application Type - Should I select (h) and write "Concurrent Filing" or do I need to do something else?


Does I-485 supplemental form apply to us or should I ignore that?

Thank you for your help

Inclide I-693 medical report, copy of I-94 and a copy of I-130 (which you are filing concurrently) along with I-485 application.

Chose option (a) for part 2. It is poorly worded on the form but it is the correct choice for you.

If you want email/SMS notification of receipt and approval, also file G-1145 (one form is sufficient for I-130, I-485 and other forms)

 

[AAgarwal]

Chose option (a) for part 2. It is poorly worded on the form but it is the correct choice for you.

You are right. Looked at instruction again and saw to choose this option. Simple forms but have been made so complicated.

I-130 + G1145 - filled them up as per answers on this forum.

I-131 - So, instructions for this form are not clear. Do I need to attach anything to state that this form is being filed along with I-485. Instructions on page 8 does suggest attaching - copy of I-94 AND I-485 receipt. So how and where do I mention that I-485 is being filed concurrently - separate statement or cover letter?

Also instructions mention that there is a 2D bar code that will be printed - Pg 7 Paragraph 1. But I do not see any bar code being printed on page. Am I doing anything incorrectly here?

I-485 - Item 3, Q -"Have you ever applied for PR status?" What is suggested answer since I-130 is being filed concurrently?

G325A - Mother's parents i.e. my maternal grand parents are deceased and we do not know their dates of birth (actually no-one ever did). What should I write in Father and Mother section on this form?

I-765 - Q 16 - Eligibility Category - am filling (C) (9). Is that correct or is there another twist?

I-693 - Filled and going to doctor coming week. Mother does not have any immunization proof, so we'll see.

I-864 - Part 6, total income - is it federal adjusted gross income (i.e after 401k, IRA contributions) or is this total income? i.e. For 2012 return is it Line 22 (total income) or Line 37 (adjusted gross income)?

thanks for your assistance. Could not have done this without the help on this forum.

 

[nkm-oct23]

You are right. Looked at instruction again and saw to choose this option. Simple forms but have been made so complicated.

I-130 + G1145 - filled them up as per answers on this forum.

I-131 - So, instructions for this form are not clear. Do I need to attach anything to state that this form is being filed along with I-485. Instructions on page 8 does suggest attaching - copy of I-94 AND I-485 receipt. So how and where do I mention that I-485 is being filed concurrently - separate statement or cover letter? INCLUDE A COVER LETTER

Also instructions mention that there is a 2D bar code that will be printed - Pg 7 Paragraph 1. But I do not see any bar code being printed on page. Am I doing anything incorrectly here?

I-485 - Item 3, Q -"Have you ever applied for PR status?" What is suggested answer since I-130 is being filed concurrently? ANSWER "NO" SINCE THIS IS THE FIRST APPLICATION

G325A - Mother's parents i.e. my maternal grand parents are deceased and we do not know their dates of birth (actually no-one ever did). What should I write in Father and Mother section on this form? WRITE UNKNOWN

I-765 - Q 16 - Eligibility Category - am filling (C) (9). Is that correct or is there another twist? YOU ARE CORRECT, C9

I-693 - Filled and going to doctor coming week. Mother does not have any immunization proof, so we'll see.

I-864 - Part 6, total income - is it federal adjusted gross income (i.e after 401k, IRA contributions) or is this total income? i.e. For 2012 return is it Line 22 (total income) or Line 37 (adjusted gross income)? TOTAL INCOME FROM W2

thanks for your assistance. Could not have done this without the help on this forum.