GC for Parents - AOS and CP - Information Source

I-130 and applying for immigrant visa @ home cntry, but parents are visiting US: can you do I-485?

Hello all,

I am a USC, and submitted the I-130 petition alone (without I-485) for my parents who were overseas.
Now they are actually planning to travel here soon on B1 visa (tourist), and I-130 is not yet approved.

Questions:
- Is this OK?
- Is it possible to later apply for adjustment of status here (file I-485 separately), instead of taking the case to NVC (consular procedure)?


Thanks!
 
mobiliare said:
Hello all,

I am a USC, and submitted the I-130 petition alone (without I-485) for my parents who were overseas.
Now they are actually planning to travel here soon on B1 visa (tourist), and I-130 is not yet approved.

Questions:
- Is this OK?
- Is it possible to later apply for adjustment of status here (file I-485 separately), instead of taking the case to NVC (consular procedure)?


Thanks!
Click to expand...

Yes , they can come to USA on B2, But if the officer at the port of entery find out that they have a pending I 130, Things might get ugly. They might send them back, of write in their I 194- NO AOS-
The best thing to do is wait in the home country till the GC procedd is completed, They are very quick, I an in the middle of doing it for my DAD, It took 3 mts for the I 130 to get approved and i am working on the rest of the process, It should all be done in 3-5mts, depending on the work load.
If they come to usa and you apply for AOS you should wait for 3 mts. and it will take 3-4mts from that time for the process to be completed, Keeping all this in mind, it will be the same time if you finish the process in home country.
My dad had a 10yrs B2 vis too.
Good Luck
 
Hi all,

Filing I-130 and I-485 for my parents. Does form I-864 need to be notarized ? Does the supporting documents have to be notarized ?

Please let me know.

Thanks for your help.
 
jimara said:
Hi all,

Filing I-130 and I-485 for my parents. Does form I-864 need to be notarized ? Does the supporting documents have to be notarized ?

Please let me know.

Thanks for your help.
Click to expand...

No need to notarize any document for I-130, I-485 or I-864.
 
nkm-oct23 said:
No need to notarize any document for I-130, I-485 or I-864.
Click to expand...

Thanks for clarifying.

Do we have to submit the last 3 W2 forms as supporting document for I-864 ? I don't have the lastest (2009) but have 2008 and 2007.

Will 1040 and last pay check of 2009 work in lieu of W2 of 2009 ?

Please let me know.

Thanks
 
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Hi, I would like to know is someone is already gone through the Health insurance research for parents who come here on green card. I live in California and I am looking at options to buy health insurance for my parents. looks like medicare can be bought for 485$ after 5 years. until then we have to get private. What are the other options? Medi cal?

Update:
I found this great resource which explains step by step the options. It doesnt look very good though. however at least its helpful and gives the possible legal options that we have to buy insurance.
http://www.insubuy.com/guide/new-immigrants-medical-insurance-plans.jsp
 
Last edited by a moderator:
jimara said:
Thanks for clarifying.

Do we have to submit the last 3 W2 forms as supporting document for I-864 ? I don't have the lastest (2009) but have 2008 and 2007.

Will 1040 and last pay check of 2009 work in lieu of W2 of 2009 ?

Please let me know.

Thanks
Click to expand...

I think it should work. try to get Transcripts for 2009, and send in your W2 for 2010, that should do it, you dont need to send proof for all 3 yrs , only the recent year which would be 2010, so just send in W2 for 2010, and request transcripts from IRS for 2009, If you dont have time for that, just send in you W2 for 2010, last 6pay checks photo copy. and a letter from your employer stating when you started the job and your salary.
 
bigbull99 said:
I think it should work. try to get Transcripts for 2009, and send in your W2 for 2010, that should do it, you dont need to send proof for all 3 yrs , only the recent year which would be 2010, so just send in W2 for 2010, and request transcripts from IRS for 2009, If you dont have time for that, just send in you W2 for 2010, last 6pay checks photo copy. and a letter from your employer stating when you started the job and your salary.
Click to expand...

Thanks for the clarification.

Do we have to send $88.00 fee along with I-864 ? If so whom should the check be payable to ?
Department of State does say there is a fee of $88.00 if the I-864 is submitted within US.

Please let me know.

Thanks for your help.
 
Applying for SSN

We have applied for my mother-in-law's I-485 after she came here (Her I-130 approved when she was in India). We also filed for EAD (for tax benefits). Now her EAD got approved and the I-485 is still pending. Can we apply for the SSN by taking the EAD? Her I-94 expired 2 weeks back. I looked at the SSA web site and they are telling to bring I-94. I would like to know whether there be any problem because of the expired I-94 (even though she got a valid EAD and her AOS is pending).

-Madhu
 
Hi,
madhuc74,
When she came to USA, did the Officer at the airport ask her about the I130? The reason why i ma asking is I want to file for my mother who will be comming to usa in july on B2. If i file now her I 130 will get approved in about 3-4mts . will it be a problem?

Regarding your mother inlaw. Take the approved I 130 , EAD, and the recipt of I485 which you got from USCIS. it should work.
 
This is an update to my mother's application for a green card. She arrived in the US on a tourist visa in August 2010 and we applied for her green card in November 2010. (Parent of a US citizen)

My mother had her I-485 interview in San Francisco on 3/16/2011.

We drove to SF and found paid parking just across the USCIS building. We arrived about 30 minutes before the scheduled time. Interview started promptly on time and the very friendly but professional officer invited us to his office and asked both of us to raise our right hands and take oath ( I will state the truth...). He then looked at my photo ID and mom's passport. He asked for all immigration documents and we gave AP and EAD.

He then started going over the I-485 application and asked my mom some basic information (complete name, DOB, SSN, her parents names, how many children, address in US, foreign address, date arrived in the US, etc.) She was also asked when she decided to apply for green card ( she answered 3 months after arrival and that I her son convinced her to apply) and about her previous visits. He also reviewed most of the information on I-485 application and asked all the "Have you ever.." questions. Some of those questions were quite embarrassing for my mom but she was aware of them as I went over the questions with her earlier. The officer also noted down arrival and departure dates from all visits on the application. He then reviewed the notations he made and asked my mom to sign at the bottom.

After the interview we were given a letter with "Further review" box checked. He also mentioned that he is waiting for some background check and everything else is OK. Surprisingly he did not ask to see ANY original document - I had a sack full of documents with me. He asked for documents for any changed circumstances since application was made - There was no change in our circumstances. The determination to assign our case for "further review" was a big disappointment for us.

When we returned home, a surprise waited for us in the afternoon - online status changed from Initial Interview to Card Production Ordered. Also received email from USCIS with the same update. Ironically the system still does not recognize receipt number for I-130.

Now the wait is for the actual card to arrive.

I'd be happy to answer questions. This forum has been of immense help for me during my own journeys through the immigration maze.
 
Last edited by a moderator:
nkm-oct23 said:
This is an update to my mother's application for a green card. She arrived in the US on a tourist visa in August 2010 and we applied for her green card in November 2010. (Parent of a US citizen)

My mother had her I-485 interview in San Francisco on 3/16/2011.

We drove to SF and found paid parking just across the USCIS building. We arrived about 30 minutes before the scheduled time. Interview started promptly on time and the very friendly but professional officer invited us to his office and asked both of us to raise our right hands and take oath ( I will state the truth...). He then looked at my photo ID and mom's passport. He asked for all immigration documents and we gave AP and EAD.

He then started going over the I-485 application and asked my mom some basic information (complete name, DOB, SSN, her parents names, how many children, address in US, foreign address, date arrived in the US, etc.) She was also asked when she decided to apply for green card ( she answered 3 months after arrival and that I her son convinced her to apply) and about her previous visits. He also reviewed most of the information on I-485 application and asked all the "Have you ever.." questions. Some of those questions were quite embarrassing for my mom but she was aware of them as I went over the questions with her earlier. The officer also noted down arrival and departure dates from all visits on the application. He then reviewed the notations he made and asked my mom to sign at the bottom.

After the interview we were given a letter with "Further review" box checked. He also mentioned that he is waiting for some background check and everything else is OK. Surprisingly he did not ask to see ANY original document - I had a sack full of documents with me. He asked for documents for any changed circumstances since application was made - There was no change in our circumstances. The determination to assign our case for "further review" was a big disappointment for us.

When we returned home, a surprise waited for us in the afternoon - online status changed from Initial Interview to Card Production Ordered. Also received email from USCIS with the same update. Ironically the system still does not recognize receipt number for I-130.

Now the wait is for the actual card to arrive.

I'd be happy to answer questions. This forum has been of immense help for me during my own journeys through the immigration maze.
Click to expand...

Hi,
Good for you, I am happy. I have to do the same when my mom comes to usa in july 2011. Hope every thing will be fine like your case.
 
bigbull99,

Thanks for the reply.

When she came to USA the officer at the airport asked the question about the approved I-130 (her I-130 was approved before she came here for this visit). They also asked us whether she will be filing for AOS and nothing really written onto her I-94 other than the usual expiry date

One problem that I am having right now is - I sent the original I-130 approval with her I-485 application and now not sure whether it will affect us (while applying for the SSN). We have the I-485 receipt, EAD, I-130 original receipt. I forgot to keep a copy of the approved I-130 with us.

-Madhu
 
madhuc74 said:
bigbull99,

Thanks for the reply.

When she came to USA the officer at the airport asked the question about the approved I-130 (her I-130 was approved before she came here for this visit). They also asked us whether she will be filing for AOS and nothing really written onto her I-94 other than the usual expiry date

One problem that I am having right now is - I sent the original I-130 approval with her I-485 application and now not sure whether it will affect us (while applying for the SSN). We have the I-485 receipt, EAD, I-130 original receipt. I forgot to keep a copy of the approved I-130 with us.

-Madhu
Click to expand...

EAD and her passport are the only things required to apply for SSN.
 
Another update regarding my mother's case - today I received approval notice for I-130 and "Welcome to US" notice for my mom. Now the only thing remaining is the actual card which I hope to get before the end of this month.

My I-130 case still does not show up in USCIS case status.
 
I just became a US citizen and am contemplating if I should apply for my mother to become a permanent resident. She has a visitor visa that expires in Feb 2012. She usually likes to stay in pakistan but comes to US to stay with me for 4-6 months every other year. My concern with filing for her green card are
1. I understand that once she has the GC, she may not leave the US for more than 6 months. If she intends to stay out of US for more than six months, she needs to apply for the return resident form so she can stay out of US for up to two years. My question is, if she repeatedly stay out of US for more than 6 months, would it affect her re-entry?
2. After becoming a permanent resident, if she leaves US and stays out 4 months every year, can she still apply for citizenship five years after getting her GC?

Thanks for your input.
 
texangator said:
I just became a US citizen and am contemplating if I should apply for my mother to become a permanent resident. She has a visitor visa that expires in Feb 2012. She usually likes to stay in pakistan but comes to US to stay with me for 4-6 months every other year. My concern with filing for her green card are
1. I understand that once she has the GC, she may not leave the US for more than 6 months. If she intends to stay out of US for more than six months, she needs to apply for the return resident form so she can stay out of US for up to two years. My question is, if she repeatedly stay out of US for more than 6 months, would it affect her re-entry?
2. After becoming a permanent resident, if she leaves US and stays out 4 months every year, can she still apply for citizenship five years after getting her GC?

Thanks for your input.
Click to expand...

As long as she reenters usa before 6mts, her days will be counted for citizenship. She has to have the magic mumber, i think it is between 910-920 days. once she has the days with out beeing out of the country more than 6 mts she should be good.
I know this because my wife had the same situation, she was going back and forth to her home coutry and when we met the magic number she applied. at the interview it officer was not happy because we were very close the cutoff numbers. but he did finally gave it to her.
 
Thanks. So it is 920 days in five years or can it be 920 days in 6 years, just in case she stays out of US for more than six months (after getting the return resident permit)? Is there any official publication that refers to the 920 day rule? Thanks.

bigbull99 said:
As long as she reenters usa before 6mts, her days will be counted for citizenship. She has to have the magic mumber, i think it is between 910-920 days. once she has the days with out beeing out of the country more than 6 mts she should be good.
I know this because my wife had the same situation, she was going back and forth to her home coutry and when we met the magic number she applied. at the interview it officer was not happy because we were very close the cutoff numbers. but he did finally gave it to her.
Click to expand...
 
texangator said:
Thanks. So it is 920 days in five years or can it be 920 days in 6 years, just in case she stays out of US for more than six months (after getting the return resident permit)? Is there any official publication that refers to the 920 day rule? Thanks.
Click to expand...

At any point in the 5 0r 6yr time frame, if she stays more than 6mts out of usa. she id done .All her days which got accumilated will go to 0. She has to start counting from 1 again. It is very important she never stays out of usa more than 6mts.
For example if she has 600 day counted towards her citizenship and in one visit she stays out for 6mts and 1 day all the 600 days will become 0. she will have to start counting from 1 again. I hope u got what i am trying to say.
The 920 day thing was told by my lawer when we met him, he had some kind of book he refered.
 
nkm-oct23 said:
Another update regarding my mother's case - today I received approval notice for I-130 and "Welcome to US" notice for my mom. Now the only thing remaining is the actual card which I hope to get before the end of this month.

My I-130 case still does not show up in USCIS case status.
Click to expand...

My mom's card arrived today by USPS Priority Mail - it was shipped out of Lee Summit MO on March 22, 2011.
 
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