GC for Parents - AOS and CP - Information Source

[Vishnu Mahadev]

Congrats gvjagan!!!

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.

Congrat GV Jagan: Don't go too far away. be with us for few more weeks if not months. Card printer are replaced recently and seems the printers are heavy like big iron railway with huge inertia hence card printing & mailing is taking 3 weeks to 60 days.

 

[Vishnu Mahadev]

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?

VisaNutz: I wrote a separate letter stating my parent has to take care of disinvestments in country of birth hence it is important to go there and attend to matter personally. Stating the truth is simple. My parent also had return ticket so we stated the dates and duration (less than 6 months any way)

 

[uk01]

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?

VisaNutz,

I have filled out the form with a travel date of 2010 begining. I have also not provided any basis for travel except that it is a one time 4 week travel. A friend of mine who did this for his parent told me that getting AP is more or less assured. However, if you have specific travel situation, by all means do mention the details in a separate note as instructed in I-131. I think USCIS is very reasonable and flexible when it comes to granting AP for normal cases.

 

[gvjagan]

Thanks Vishnu Mahadev. I know it's not a done deal until the card is in hand.

I will be visiting the forum as often as I can to pass on any information that is useful to the members.

Congrat GV Jagan: Don't go too far away. be with us for few more weeks if not months. Card printer are replaced recently and seems the printers are heavy like big iron railway with huge inertia hence card printing & mailing is taking 3 weeks to 60 days.

 

[zzir]

Question on I-485

I am in the process of applying for my parents Green Card. I will be concurrently submitting I-485 along with I-130.

I am a bit confused as to which option to select for Part 2 (Application Type) on the I-485 form. I am stuck between selecting option a and option h.

Can someone who has successfully gone thru this process or has submitted a similar application for their parents please assist as to which option would best. If selecting option h, what explanation have you all been using.

Thank you much for all your assistance.

 

[gvjagan]

I concurrently filed by choosing option a and didn't have any problems.

I am in the process of applying for my parents Green Card. I will be concurrently submitting I-485 along with I-130.

I am a bit confused as to which option to select for Part 2 (Application Type) on the I-485 form. I am stuck between selecting option a and option h.

Can someone who has successfully gone thru this process or has submitted a similar application for their parents please assist as to which option would best. If selecting option h, what explanation have you all been using.

Thank you much for all your assistance.

 

[J09citizen]

Question on I-485

You need to choose option A if you already filed I130 and currently submitting 485 with approved copy of I130.

Option A should be used only when you have approval notice for 130 while submitting 485 form. Since you dont have the approval for 130 you have to choose option H and you can say 'Concurrently filing 130 with this application'.

Sometimes, choosing option A would also work and it completely depends only on the case reviewer. If you are lucky enough, it will be moved on for further processing.

There are few cases who got rejected by choosing option A. Search by 'AOS rejected' in this forum or you can search by user 'pvjena'

 

[FiveStar]

I485 RFE - Parents Birth Certificate

Hi everyone,

I have received a request for additional evidence (RFE) for my parents 485 applications. The RFE is in regard to their birth certificates. My parents do not have their original birth certificates.

The RFE mentions "As evidence you submitted a birth certificate issued by the Consulate General of India in San Francisco, CA. However, this document is not sufficient evidence for immigration purposes because you have not established that primary evidence is not available."

I had provided the 'birth certificate' from Consulate General of India, San Francisco which stated the birth date and mentioned that the birth certificate might not be available since prior to 1970 reporting of births was voluntary.

We have tried to get the original birth certificate from the local municipalities in Mumbai without success. The municipalities also refuse to give any 'non-availability' certificate.

Any help / guidance would be very appreciated.

Thanks.

• 01/20/2009: Mailed I-130, I-485, I-131, I-765 to Chicago drop box
• 01/22/2009: Receipt Date
• 01/29/2009: Notice Date
• 02/04/2009: Request for initial evidence (I-485) – birth certificate
• 02/12/2009: Biometrics appointment (finger-print) notice
• 02/27/2009: Response to request for initial evidence sent to Lee’s Summit, MO
• 03/04/2009: Biometrics completed (USCIS San Jose)
• 03/20/2009: I-512L Authorization for Parole approved
• 03/25/2009: I-130, I-485 case transferred to CSC (online case status)
• 03/25/2009: EAD card production ordered (online case status)
• 03/26/2009: I-512L Authorization for Parole document received (2 copies)
• 06/16/2009: I485 request for additional evidence (RFE) – birth certificate

 

[gvjagan]

Fivestar,

From the RFE description quoted by you, it apparently looks like you have not provided a non-availability certificate (which is why you provided birth evidence from consulate general of India). CGI will also give non-availability certificate.

In my mom's case, I provided both birth certificate and non-availability issued by CGI-NY. I-485 application has been approved.

Hope this helps.

Hi everyone,

I have received a request for additional evidence (RFE) for my parents 485 applications. The RFE is in regard to their birth certificates. My parents do not have their original birth certificates.

The RFE mentions "As evidence you submitted a birth certificate issued by the Consulate General of India in San Francisco, CA. However, this document is not sufficient evidence for immigration purposes because you have not established that primary evidence is not available."

I had provided the 'birth certificate' from Consulate General of India, San Francisco which stated the birth date and mentioned that the birth certificate might not be available since prior to 1970 reporting of births was voluntary.

We have tried to get the original birth certificate from the local municipalities in Mumbai without success. The municipalities also refuse to give any 'non-availability' certificate.

Any help / guidance would be very appreciated.

Thanks.

• 01/20/2009: Mailed I-130, I-485, I-131, I-765 to Chicago drop box
• 01/22/2009: Receipt Date
• 01/29/2009: Notice Date
• 02/04/2009: Request for initial evidence (I-485) – birth certificate
• 02/12/2009: Biometrics appointment (finger-print) notice
• 02/27/2009: Response to request for initial evidence sent to Lee’s Summit, MO
• 03/04/2009: Biometrics completed (USCIS San Jose)
• 03/20/2009: I-512L Authorization for Parole approved
• 03/25/2009: I-130, I-485 case transferred to CSC (online case status)
• 03/25/2009: EAD card production ordered (online case status)
• 03/26/2009: I-512L Authorization for Parole document received (2 copies)
• 06/16/2009: I485 request for additional evidence (RFE) – birth certificate

 

[FiveStar]

I485 RFE - Parents Birth Certificate

Hi gvjagan,

Thanks for your prompt reply. I had requested a non-availability certificate from CGI-SF but was given a 'birth certificate' with an additional paragraph at the end that stated that registration of birth was not mandatory before 1969 and hence in many cases birth certificates might not be available.

If you do not mind, can you please send me either the text or a scanned version of the 'non-availability certificate' you obtained from CGI-NY? I can then request CGI-SF to issue the same document for my parents.

Thanks.

Fivestar,

From the RFE description quoted by you, it apparently looks like you have not provided a non-availability certificate (which is why you provided birth evidence from consulate general of India). CGI will also give non-availability certificate.

In my mom's case, I provided both birth certificate and non-availability issued by CGI-NY. I-485 application has been approved.

Hope this helps.

 

[S G]

Hi FiveStar,

I too got a Birth Certificate and NAC from NY.. The consulate was nice enough to contact me and ask me if I needed NAC also since I only applied for the BC.

Following is the wording on the NAC..
-----------------------------------------------------------------
To WHOM IT MAY CONCERN

This is to certify that registration of birth/deaths was not compulsory in INDIA before 2 June 1969. Therefore, no Birth/Death certificates are available in those cases, which occured prior to this date.

This certificate is issued to (mother's name) D/O Mr. (her father's name) and Mrs. (her mother's name) holder of Indian passport No (passport number) at Hyderabad at dd-mmm-yyyy.

------------------------------------------------------------
It was sent on a stamp paper similar to the Birth Certificate. The application was another $20.00. The details of Mother's parents were as per what was mentioned in her passport.

Wording on her BC issued by Consulate in NY

____________________________________________

BIRTH CERTIFICATE

This to certify that (mom's name) D/O Mr. (her father's name) and Mrs. (her mother's name) holder of Indian Passport No. (passport number) issue at Hyderabad on dd-mmm-yyyy was born at (place, state she was born) on (date she was born) according to her passport details.

____________________________________________

Hope this helps! Good Luck.

Hi gvjagan,

Thanks for your prompt reply. I had requested a non-availability certificate from CGI-SF but was given a 'birth certificate' with an additional paragraph at the end that stated that registration of birth was not mandatory before 1969 and hence in many cases birth certificates might not be available.

If you do not mind, can you please send me either the text or a scanned version of the 'non-availability certificate' you obtained from CGI-NY? I can then request CGI-SF to issue the same document for my parents.

Thanks.

 

[S G]

gvjagan,

Congratulations!!

Great news. Hope our cases go as fast as yours.

SG

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.

 

[FiveStar]

I485 RFE - Parents Birth Certificate

Thanks S G for this information.

Hi FiveStar,

I too got a Birth Certificate and NAC from NY.. The consulate was nice enough to contact me and ask me if I needed NAC also since I only applied for the BC.

Following is the wording on the NAC..
-----------------------------------------------------------------
To WHOM IT MAY CONCERN

This is to certify that registration of birth/deaths was not compulsory in INDIA before 2 June 1969. Therefore, no Birth/Death certificates are available in those cases, which occured prior to this date.

This certificate is issued to (mother's name) D/O Mr. (her father's name) and Mrs. (her mother's name) holder of Indian passport No (passport number) at Hyderabad at dd-mmm-yyyy.

------------------------------------------------------------
It was sent on a stamp paper similar to the Birth Certificate. The application was another $20.00. The details of Mother's parents were as per what was mentioned in her passport.

Wording on her BC issued by Consulate in NY

____________________________________________

BIRTH CERTIFICATE

This to certify that (mom's name) D/O Mr. (her father's name) and Mrs. (her mother's name) holder of Indian Passport No. (passport number) issue at Hyderabad on dd-mmm-yyyy was born at (place, state she was born) on (date she was born) according to her passport details.

____________________________________________

Hope this helps! Good Luck.

 

[gvjagan]

One difference is that I did not apply for EAD (if GC comes within 6 months, I didn't see need for EAD unless the parent plans to work in US). I do not know by not applying for EAD, if it speeded up the process. Just a hunch.

gvjagan,

Congratulations!!

Great news. Hope our cases go as fast as yours.

SG

 

[gvjagan]

FiveStar,

Pls send me your email Id via PM, I will mail the scanned copy of NAC.

Hi gvjagan,

Thanks for your prompt reply. I had requested a non-availability certificate from CGI-SF but was given a 'birth certificate' with an additional paragraph at the end that stated that registration of birth was not mandatory before 1969 and hence in many cases birth certificates might not be available.

If you do not mind, can you please send me either the text or a scanned version of the 'non-availability certificate' you obtained from CGI-NY? I can then request CGI-SF to issue the same document for my parents.

Thanks.

 

[vemulapalli99]

Mother-in-laws green card

Hi,

My wife(US citizen) has applied for my mother-in-laws greencard on May 18th,2009. I was wondering if I need to file for her visitor's visa extension as it is expring end of next month(July). Can anybody suggest if I should be filing for extenstion or is it good enough that I filed for her adjustment of status(I485).

Thanks!!

Here are some details:
05/18/2009 - Filed I130, 485 and 131
05/22/2009 - NOA
06/02/09 - Biometrics Notice
06/16/09- Biometrics done

 

[TriSSB]

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.

Thanks for the info gvjagan!

I'll contact the Indian Embassy here in the US to get my Birth Certificate. Since my parents are in India where can they get their Marriage Certificate? I have attested affidavits from their respective mothers regarding their wedding details plus their wedding invitation card? Would these docs be sufficient? Also, where and how can I get the "Non Availability of Marriage Cert" certificate from and what should its format be?

Appreciate any advice....

 

[gvjagan]

Vemulapalli,

Based on information available on this forum I understand there will be no need to extend the visa.

Hi,

My wife(US citizen) has applied for my mother-in-laws greencard on May 18th,2009. I was wondering if I need to file for her visitor's visa extension as it is expring end of next month(July). Can anybody suggest if I should be filing for extenstion or is it good enough that I filed for her adjustment of status(I485).

Thanks!!

Here are some details:
05/18/2009 - Filed I130, 485 and 131
05/22/2009 - NOA
06/02/09 - Biometrics Notice
06/16/09- Biometrics done

 

[gvjagan]

TriSSB,

I am afraid I am unable to answer the question. I applied only for one parent and didn't need to provide marriage certificate.

Hope others on the forum can pitch in.

Thanks for the info gvjagan!

I'll contact the Indian Embassy here in the US to get my Birth Certificate. Since my parents are in India where can they get their Marriage Certificate? I have attested affidavits from their respective mothers regarding their wedding details plus their wedding invitation card? Would these docs be sufficient? Also, where and how can I get the "Non Availability of Marriage Cert" certificate from and what should its format be?

Appreciate any advice....

 

[uk01]

One difference is that I did not apply for EAD (if GC comes within 6 months, I didn't see need for EAD unless the parent plans to work in US). I do not know by not applying for EAD, if it speeded up the process. Just a hunch.

gvjagan,

Have you applied for Soc Sec No for your mom? If you have, what is the basis of applying since you are not requesting EAD or one can apply w/o giving any specific reason.

Thanks in advance.