GC for Parents - AOS and CP - Information Source

Congrats FiveStar

Hi Five Star.

Congrats. Can you elaborate more on the 2 birth certificate RFE? Was it for same parent and what was your response to USCIS?

I'm in the same boat and would appreciate your response.

Thanks,
gcphilly



Hi everyone,

My parents GC application has been approved. We received the USCIS welcome letter along with the physical permanent resident card in the mail today. The detailed timeline appears below for your reference.

This forum has been very helpful. Thanks especially to gvjagan and S G for their advice regarding the birth certificate RFE. The application was approved after we submitted the certificate from CGI San Francisco along with two sworn affidavits from relatives in India.

Best wishes,
FiveStar

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: RFE – birth certificate
07/16/2009: Response to RFE sent to USCIS, Laguna Nigel
07/22/2009: Card Production ordered (online status update)
07/24/2009: I-130 approval letter received
07/27/2009: I-485 approval and physical permanent resident card received
 
Hi gcphilly,

My parents do not have their original birth certificate. Along with their I485 application, I had submitted secondary evidence like their school leaving certificate, passport, and tax ID card all of which had their birth dates listed.

The initial request for evidence was for an original birth certificate. I obtained a 'BIRTH CERTIFICATE' from CGI San Francisco and submitted it along with my response. The processing resumed after that and the case was transferred to CSC.

The second RFE stated that the 'BIRTH CERTIFICATE' provided by CGI SF was not sufficient as it did not establish that the original birth certificate does not exist or is not available. It specifically asked for a non-availability certificate along with affidavits from sworn affidavits of birth from relatives. I submitted the non-availability certificate and two affidavits of birth for each parent from relatives in India in response to this RFE.

Hope this helps.

Best wishes with your parents application.

FiveStar

gcphilly said:
Hi Five Star.

Congrats. Can you elaborate more on the 2 birth certificate RFE? Was it for same parent and what was your response to USCIS?

I'm in the same boat and would appreciate your response.

Thanks,
gcphilly
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FiveStar said:
Hi gcphilly,

My parents do not have their original birth certificate. Along with their I485 application, I had submitted secondary evidence like their school leaving certificate, passport, and tax ID card all of which had their birth dates listed.

The initial request for evidence was for an original birth certificate. I obtained a 'BIRTH CERTIFICATE' from CGI San Francisco and submitted it along with my response. The processing resumed after that and the case was transferred to CSC.

The second RFE stated that the 'BIRTH CERTIFICATE' provided by CGI SF was not sufficient as it did not establish that the original birth certificate does not exist or is not available. It specifically asked for a non-availability certificate along with affidavits from sworn affidavits of birth from relatives. I submitted the non-availability certificate and two affidavits of birth for each parent from relatives in India in response to this RFE.

Hope this helps.

Best wishes with your parents application.

FiveStar
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Hi FiveStar,

That is useful information. I have submitted the BC from CGI in Chicago but not the non-availability certificate and affidavits. Does it mean that I should also get an RFE? Any one else on this thread with similar experience.
 
Parents Birth Certificate

Hi UK01,

It is hard to say whether you will get an RFE. Let us hope not.

I suggest that you at least plan to get the sworn affidavits of birth and the non-availability of birth certificates just in case they are needed. It was difficult for us to coordinate the sworn affidavits from relatives in India given that my parents were here in the US. It took us a month to get all these documents together.

Best regards,
FiveStar

uk01 said:
Hi FiveStar,

That is useful information. I have submitted the BC from CGI in Chicago but not the non-availability certificate and affidavits. Does it mean that I should also get an RFE? Any one else on this thread with similar experience.
Click to expand...
 
FiveStar said:
Hi UK01,

It is hard to say whether you will get an RFE. Let us hope not.

I suggest that you at least plan to get the sworn affidavits of birth and the non-availability of birth certificates just in case they are needed. It was difficult for us to coordinate the sworn affidavits from relatives in India given that my parents were here in the US. It took us a month to get all these documents together.

Best regards,
FiveStar
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I also hope that I do not get an RFE. CGI is quite confident that the BC they have provided is adequate. I have taken a note of your suggestion. Many thanks.
 
Interview done!!We were there at 10.10am,called in at 10.15am,no questions asked,officer went thru the information on the file.Approved the case and we were out of there in 5 minutes!!!He said she should expect the green card in the mail within a month(I know it will be here next week lol....).Mum is very happy,she had a pretty smooth process and I am grateful for that.

Thank you all for your help,I really appreciate it.
 
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Congratulations!

luckylilly said:
Interview done!!We were there at 10.10am,called in at 10.15am,no questions asked,officer went thru the information on the file.Approved the case and we were out of there in 5 minutes!!!He said she should expect the green card in the mail within a month(I know it will be here next week lol....).Mum is very happy,she had a pretty smooth process and I am grateful for that.

Thank you all for your help,I really appreciate it.
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Have anyone file GC for one parent without filing for the other parent? My father is currently in the US, and I want to file AOS for him while he is here. My mother is back home, so I won't be able to file for hers. My father and mother are still married, so I am not sure if USCIS finds that strange or not. Some background info: my mother is of poor health, so she is not be able to live in the US at this time.

Another question is regarding an expedite AP. My oath ceremony is coming up, and I will be filing for my father's AOS the day of my ceremony. My father is a cancer patient, and he needs to go back home for a doctor appointment 3 weeks after the oath ceremony. I am hoping to get him an expedite AP. Should I file the expedite AP with the rest of the I-130/I-485? Or should I file the expedite AP via InfoPass after I-130/I-485 is filed and received?
 
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helloUSA said:
Have anyone file GC for one parent without filing for the other parent? My father is currently in the US, and I want to file AOS for him while he is here. My mother is back home, so I won't be able to file for hers. My father and mother are still married, so I am not sure if USCIS finds that strange or not. Some background info: my mother is of poor health, so she is not be able to live in the US at this time.

Another question is regarding an expedite AP. My oath ceremony is coming up, and I will be filing for my father's AOS the day of my ceremony. My father is a cancer patient, and he needs to go back home for a doctor appointment 3 weeks after the oath ceremony. I am hoping to get him an expedite AP. Should I file the expedite AP with the rest of the I-130/I-485? Or should I file the expedite AP via InfoPass after I-130/I-485 is filed and received?
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Why don't you do consular processing for both of them if they have to leave USA anyway?

When did your father come to USA?
 
VisaNutz said:
Why don't you do consular processing for both of them if they have to leave USA anyway?

When did your father come to USA?
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Well we are expecting our first child soon, so we want my father to be here to for that. CP takes too long.

He came back in June, and he has never been out of status.
 
gvjagan said:
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.
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Does the CGI-Chicago also issue the NABC in addition to the Birth Certificate? Any experiences in this case would be helpful.

AP
 
Please, I am new to this forum. Is there any advantage of filing for GC for parents whilst they are visiting? As opposed to just filing I-130 with reqd docs, and going for cons processing?
 
CP is lot slower than AOS. When concurrently filed (I-130 and I-485 together) for AOS, typical timelines are under 6 months (in general, but not guaranteed in every case).

Hope this helps.

dde said:
Please, I am new to this forum. Is there any advantage of filing for GC for parents whilst they are visiting? As opposed to just filing I-130 with reqd docs, and going for cons processing?
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I reside in NJ and recently applied I-130 for my mother and send it to the Chicago lockbox. I got the receipt but it gives me case # with WAC (looks to be California). Since I reside in NJ am wondering if was a mistake or is this the normal process. Could you please let me know. thanks
 
Here are a check list of documents for U.S Citizen's parents sponsorship

IMMEDIATE RELATIVE (Parent) FAMILY BASED ADJUSTMENT OF STATUS (I-485) WITH A CONCURRENT I-130

Major contents:
Package 1:
I-130 and Supporting Documentation
Package 2:
I-485 and Supporting Documentation
I-765 EAD Work Authorization and Supporting Documentation (Optional)
I-131 Advance Parole and Supporting Documentation (Optional)

Package 1: I-130 and Supporting Documentation
I-130 Packet Concurrent Filing Documentation Table of Contents
(Mother)

- Check Payment in the amount of $ 355.00
- Completed Form I-130
- Copy of Birth Certificate (Petitioner)
- Copy of Marriage Certificate (Parents , required only for Father)
- Copy of U.S Naturalization Certificate


Package 2 : I-485 and Supporting Documentation
I-485 Packet Concurrent Filing Documentation Table of Contents
(Mother)

- Check Payment in the amount of $ 1010 ( I-485 Fees + Biometrics Fees)
- Completed I-485 form Application
- Completed G-325 A Form ( Used by the FBI for Background Check Purpose , needs to be accurate )
- 2 Photos
- Copy of intending immigrant’s passport Biographical Pages
- Copy of intending immigrant’s passport U.S Nonimmigrant Visa
- Copy of intending immigrant’s I-94 Card
- Copy of intending immigrant’s Birth Certificate
- I-693 Medical (Sealed) Envelope ( Needs to be completed by a USCIS Authorized Medical Doctor)
- Copy of intending immigrant’s Marriage Certificate
- Completed I-864 Affidavit of Support form Year 2008 Sponsor Federal Tax Return filing (Includes 1040 , Schedules , 1099 forms)
- Year 2008 W-2 Wage and Tax Statement
- Year 2007 W-2 Wage and Tax Statement
- Year 2006 W-2 Wage and Tax Statement
- Copy of Sponsor Employee or Cosigner Pay Statements ( 2 Months)
__________________
 
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thanx gvjagan for such a prompt reply. couple more qs, please!
what happens after gc recd. what time frames of entry, stay etc are mandatory to maintain it? also, i have searched many sites and find info in most very confusing as clubbed with all other visas etc. which site(s) are the simplest explaining the process for parents?
 
dde,

Simplistically put, it's preferable to stay NOT more than 6 months at a time outside of US after receiving GC (this is keeping in mind you would want to apply for citizenship when they are eligible).

Just to maintain GC (without citizenship consideration), you should not live more than 1 year outside of US at a time.

Of course, there is always option of getting Re-entry permit for longer stays outside of US but that needs to be obtained prior to leaving US.

As for sources of information, www.uscis.gov along with this forum gives lot of useful information.

Hope this helps.

dde said:
thanx gvjagan for such a prompt reply. couple more qs, please!
what happens after gc recd. what time frames of entry, stay etc are mandatory to maintain it? also, i have searched many sites and find info in most very confusing as clubbed with all other visas etc. which site(s) are the simplest explaining the process for parents?
Click to expand...
 
thank you for all the help. if one applies for parents whilst they are on visit, they can stay max upto 6mths. what happens if they have to go back and the gc is still in process?
 
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