GC for Parents - AOS and CP - Information Source

uk01 said:
Is there a printed guideline somewhere about this 90 day limitation?

No, but B2 visa is given for people with non-immigration intent. People declare their intent on the paper while applying. Filing in very short time may be proof that immigration intent was already established.
However, Nav102 can still breath normal as USCIS is lenient towards USC's parents who are considered immediate relatives with no visa availability restrictions. There is a 2% probability of USCIS pulling Nav102's parents, so they better keep their statement ready on how they changed their mind so fast upon reaching USA.

On one of the other website I was advised that it is advisable to wait for 60 days. My neighbor filed for his mother within 30 days and nothing happened - not even an RFE. If you look at it the other way, sponsors really start gathering all the documents (medical exam, birth certs, employment letters) etc. before 90 days. By looking at the dates of these documents one can easily notice the intention for AOS even if you may actually date the I-485 differently.
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Preparing for committing an act and actually executing an act are two different things. Thinking about kissing neighbor's wife and preparing a plan for it and even sending her a note that you intend to do are different things than going ahead and kissing her in reality. One can always drop the bad plan on 11th hour, no crime committed.
It is not written anywhere but what if one prepares all the documents ad files 130-485 on the next day of arrival? the 90 day period in this forum is stated as reasonable time for change of heart. Take it or leave it. Parent's get lenient treatment is the bottomline. Staying prepared for question with justifiable answer is the second step.

Answrs inline
 
I am applying for my father through CP. I understand I-130 is the only file needed to be files at this point, right?

Also, in the form I-130, on page 2, C-17, it says :List husband/wife and all children of your relative" - do I need to include my name in it also?

Thanks in advance for your help.
 
VisaNutz said:
I am applying for my father through CP. I understand I-130 is the only file needed to be files at this point, right?

Also, in the form I-130, on page 2, C-17, it says :List husband/wife and all children of your relative" - do I need to include my name in it also?

Thanks in advance for your help.
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FYI: I included my name in that list and I got the approval without any problem on that account.
 
Vishnu Mahadev said:
FYI: I included my name in that list and I got the approval without any problem on that account.
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Thank you.
Quick question: My mother is currently in the US on B2 and staying at my house. In the form G325A (for my mother's AOS): should I include my address as her most recent residence address (in the list of all residence addresses in the last 5 years)?
 
I have similar question, on I-130, it asks for relative address, should I fill in my address or my mom's foreign address. thanks!
 
VisaNutz said:
Thank you.
Quick question: My mother is currently in the US on B2 and staying at my house. In the form G325A (for my mother's AOS): should I include my address as her most recent residence address (in the list of all residence addresses in the last 5 years)?
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That is what I did.
 
jenimmi said:
I have added Sample Birth and Marriage affidavits for anyone looking for content/format. Please see attachments for these word documents.
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Thanks for the info. I'm beginning to plan for my mother's application.

Is the Marriage Certificate required for sure? I do have my father's death certificate but coming from India, marrage certificates were never formally used all of their lives.

As for the Birth Certificate only her elder sister is alive so she can furnish one affidavit. I'm wondering who else can supply another affidavit since there aren't any other senior people left who have awareness of or were witness to her birth. My moher is 71.

Any pointers would be gretaly apreciated.

AP
 
Advice from Attorney Ron Gotcher on the 90 days Wait Period Topic

Nav102 said:
I am a U.S Citizen and my parents are on a B-1/B-2 Visitor visa and are currently in the U.S. They have visited the U.S more than 7 times in the past.

In the forums there are a lot of references to the 90 Day wait period. Is there a requirement that the Parents be in the U.S for atleast 90 Days before filing for a I-130/I-485 Concurrent processing Application.

Would a failure to follow the 90 day requirement cause the AOS/I-485 Application to be rejected.

I am a little concerned about this as I was not aware of this requirement before filing the I-130/I-485 Application for my parents.

Any advice on this is appreciated.
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I thought I would share what I have heard from Ron Gotcher an Immigration Attorney when I posed this question to him on his forum.

here is his response.

" That really isn't a problem in your case. Go into the main ImmInfo.com site and do a search for Matter of Cavasos. Preconceived intent is not a problem in cases involving immediate relatives."
 
Card production ordered!

Finally, the card production is ordered for my mom. Anyone know how long it actually takes to get the card in the mail??

Here is the time line:

Mailed to USCIS 10/14/2008
NOA Received 10/20/2008
Biometrics Completed 11/12/2008
RFE Response 12/4/2008
Case Transferred to CSC 12/16/2008
EAD ordered 1/17/2009
EAD received 1/29/2009
2nd FP Notice 04/22/2009
2nd FP Completed 05/01/2009
I-130 Approval 05/07/2009
RFE for I485 issued 05/08/2009
RFE Response Mailed: 05/27/2009
Status updated with RFE Response: 06/10/2009
Card Production Ordered: 06/17/2009
GC Received ??
 
I have searched the forum and have yet to find an answer. My wife wants to sponsor her father who currently resides in Jamaica. I know that she will have to go the CP route and file the I-130 but her parents were never married and it was only recently that her father's name was added to her birth certificate. Ok, so along with her BC, naturalization and marriage certificate and I-130 form, how can she satisfy USCIS stipulation that:

(i) Evidence of the father-son or -daughter relationship
(ii) Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21.

Someone was suggesting that they do a DNA test and mail the results along with the application. Is this approach feasible? Or should she get several affidavits from friends and family members attesting to their relationship? Please help to advise me of he options, thank you.
 
uk01,

RFE is related to my I-130 petition; they asked me to prove my relationship to my mom (thru birth certificate or other supporting documentation). I just resent the affidavits that I previously sent. In addition, I did get the non-availability also.

Hope it helps.

uk01 said:
Congrats! You are almost there.

What sort of RFE you got? I have submitted BCs obtained from Indian Consulate (for me and my mother). I hope that should work.
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gvjagan said:
uk01,

RFE is related to my I-130 petition; they asked me to prove my relationship to my mom (thru birth certificate or other supporting documentation). I just resent the affidavits that I previously sent. In addition, I did get the non-availability also.

Hope it helps.
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gvjagan,

Thanks and best wishes!
 
Card production ordered

One of the quickest timelines I have seen - 3 months and 2 days. :)

This forum has given excellent information. Thanks to all the contributors.

Good luck to all the applicants.
 
Parent's I-130

I haven't gotten any replies on my original post, thus I'm reposting:

I'm applying for my parent's I-130. However, they don't have their marriage certificate so I'm furnishing two affidavits from their family members/friends who attended their wedding.

- Would I still need to furnish a "Non availability of Marriage Certificate" certificate? If so, where do I get that from and what should the format be for such a certificate?

Secondly, my Birth Certificate has names of both of my parents but not my name. It just says a male child was born to Mr. XXXX and Mrs XXXX.

- Do i need to get a new birth certificate with my name on it? or would the original certificate suffice? (any additional docs that need to be provided?)

Would appreciate any advice.
Thanks!
 
TriSSB,

Indian Embassy will provide marriage certificate and birth certificate based on passport details. Pls contact your nearest Indian Embassy. I got my birth certificate based on my cancelled Indian passport.

Birth certificate without your name may not be valid (I-130 instructions clearly say the birth certificate must have your name).

Hope this helps.

TriSSB said:
I haven't gotten any replies on my original post, thus I'm reposting:

I'm applying for my parent's I-130. However, they don't have their marriage certificate so I'm furnishing two affidavits from their family members/friends who attended their wedding.

- Would I still need to furnish a "Non availability of Marriage Certificate" certificate? If so, where do I get that from and what should the format be for such a certificate?

Secondly, my Birth Certificate has names of both of my parents but not my name. It just says a male child was born to Mr. XXXX and Mrs XXXX.

- Do i need to get a new birth certificate with my name on it? or would the original certificate suffice? (any additional docs that need to be provided?)

Would appreciate any advice.
Thanks!
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posted this in a thread with no result.. just thought I'd try here...

I am submitting I-485 for my mother soon. I noticed that a lot of people here doing AOS also request I-131 (AP) at the same time.

I looked at the instructions and seemed to me that filing for AP requires you to prove you have some of emergency situation, and also to provide an intended date of travel + duration.

So, all you guys that requested I-131 concurrently with I-485 actually demonstrated emergency and knew travel dates ahead of time? Or am I missing something?
 
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