GC for Parents - AOS and CP - Information Source

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by JohnnyCash, Jul 19, 2005.

  1. happywife

    happywife Member

    Hello reply4me, here are some answers for you:

    1. Yes, you should file for your mother first. However, depending on a lot of different things, it may take from 6 months to a year for your mother to have her Green Card and be in the US, and then for her to file for your siblings she would have to file the I-130 herself and provide proof that she can financially support them (I-864). You should know, though, that since they will most likely both be 21 or older when the time comes for your mother to petition them, they should NOT have plans to get married anytime soon or even after the petition is filed. There is a note in the I-130 that states that if they get married before you mother becomes a citizen, the petitions for them will be revoked. So if they have plans to get married they would have to wait however long it takes for your mother to become a citizen.

    2. You mother does not NEED to work when she files the I-130 for your siblings, but she will have to prove that she can financially support them (see form I-864, and instructions for that form and poverty guidelines for that form). Your mother can have a joint sponsor, or if she has money coming in from sources other than a job, like rented property, interest, etc. or if your siblings have a job or investment that will continue to give them income even after they have moved here, then that can help. I think you can also be the joint sponsor along with her.

    3. If you request your siblings now at the same time that you are requesting your mother, your mother might be here within a year or so, but for your siblings it will take longer (up to 10 years). I am not sure that you mother can file for them after you have already filed for them. You should ask an immigration attorney.

    4. I am not sure that you applying for them with I-130 will prevent them or not from applying for any other visas later, but I am pretty sure it would be cumbersome and make the process more tedious if they already have an application in process.

    Good Luck with everything!

  2. bentlebee

    bentlebee Registered Users (C)

    Does anyone have experience with time lines that are shorter then the time lines given for green cards through US citizen child while doing AOS, as the time lines shown on USCIS website?

    My friends parents send everything needed incl. Medical paperwork, forms, proof of job for child, tax returns, W2's, birth certificate, passport, proof of relationship and parents being birth parents, checks, etc. All to USCIS on the day of child becoming a citizen. The A number and receipt and checks were cashed all within a few days. Could that mean a faster way of getting the GC or is that just wishful thinking?
    Parents also showed proof of income, home ownership, tax returns, etc. Even though they don't have to provide it. Parents are in US for years as well.
    Any reply is welcome. Thanks.
  3. happywife

    happywife Member

    Dear bentlebee,

    Timelines that you find online, or that other forum users give you here are really irrelevant to your case. I have personal experience with International Student Visa, Green Card through marriage to a US Citizen, and Naturalization... When applying for all of these I also looked up timelines and found that they are never the same for everyone. There are tons of different variables and situations that make each case different. Depending on the time of year when you apply, to the location to which you apply, to the possible discrepancies in your case, it will make your timeline different than everyone else's... Of course you can look at the timelines on the USCIS website, or even those timeline trackers, but that is really just an estimate, I wouldn't go by it, or think that it is 100% accurate.

    Same goes for your second question. Usually they receive your case and cash all checks fairly quickly, that is in no way any indication that your case will go through faster or not.

    I am sorry, I really wish there was a way to know exactly how much time do these things take. I am also asking the same question for any US Citizens filing for their parent(s) through Consular Processing in Venezuela, because I can't even find any example cases anywhere to compare to or at least have a slight idea of how long it might take.

    Good luck,

  4. bentlebee

    bentlebee Registered Users (C)

    Thanks and I see that in your case the oath was on the same day as the interview something they don't do in Tampa. I hope for my friends that it will go smoothly and it may help that they have everything done already like medicals and incl. All supporting papers including proof of job, tax returns, W2's, job verification letter from company the petitioner works at and according to an immigration lawyer the salary is sufficient to cover an entire family if needed and no issue either. Just the biometrics needed....

    I had the same feeling when we watch timelines that they are usually not accurate in all cases since some cases are for people who send one paper at the time or have to wait for a number to become available which is not the case here either.

    I will post any update so lets hope and stay positive.
  5. bentlebee

    bentlebee Registered Users (C)

    Btw I know why the cash/deposit the checks right away. This part of Homeland security is funded by foreigners so regardless of the case making sense or not they want the fees and even at the Naturalization ceremony people were told to apply right away and not wait and that was repeated at least 4-5 times.
  6. happywife

    happywife Member

    I am posting a reply to my own previous thread because I haven't had anyone answer any of my questions, and now I have a case update and more questions for:

    US Citizen Filing for Mother's Green Card through Consular Processing - Venezuela 2015

    Here is an updated timeline of my case:

    Fri March 13 2015 - Sent I-130 Package VIA USPS Priority Mail Express To Phoenix, AZ
    Package Contents:
    - Check for $420 to U. S. Department of Homeland Security
    - Form G-1145, e-Notification of Application / Petition Acceptance
    - Form I-130, Petition for Alien Relative
    - My Certificate of Naturalization (Copy)
    - My Passport (Copy)
    - My Passport Card (Copy)
    - My Birth Certificate (Translation) + Certification + Notarization + Original (All Copies)
    - My Mother's Birth Certificate (Translation) + Certification + Notarization + Original (All Copies)
    - My Marriage Certificate (Copy)
    Sat March 14 2015 - Package Delivered at 10:17 to Chase Bank Bldg. Signed for by J LOPEZ
    Wed March 19 2015 - Received Text Message from USCIS stating case was received, and Receipt #.
    Received E-mail from USCIS stating case has been accepted and routed to the USCIS Nebraska Service Center for processing. Official Receipt was sent, will receive within 7-10 days my standard mail. Then you can use the My Case Status on uscis.gov website with Receipt Number. Opened account on USCIS.gov.​
    Mon March 23 2015 - Received the Form I-797C Notice of Action by Mail.
    Thu Aug 11 2015 - Received e-mail notice that RFE Letter (Request For Evidence) would be sent.
    Mon Aug 10 2015 - Received RFE by Mail:
    Submit evidence showing that Name Middle Lastname1 Lastname2 and Name Middle Lastname1 of Lastname3 are two names used for the same person. You must show how the beneficiary acquired the last name of Lastname1 of Lastname3 which is listed on your birth certificate.

    Evidence of a name change may include, but is not limited to, a marriage certificate, divorce decree, death certificate (of the spouse whose name you used), adoption decree, or court order. The evidence must be registered with a civil authority. Using a modified version of your name for an extended period of time is not acceptable proof of a name change.

    Note: Affidavits will not be considered primary evidence in order to establish a name change.​

    In my country you have 4 parts to your official legal name, which are Name MiddleName Dad'sLasname Mom'sLastname, for example: Jane Jill Doe Smith. When you get married, if you legally change your name, your name would usually be: Jane Jill Doe of Johnson, removing your 2nd last name and changing it to your new husband's lastname. The 'of Johnson' part signifies you are married to Johnson and are 'of' Johnson, or whatever. My mother never legally changed her name, therefore she always remained "Jane Jill Doe Smith". However, when I was born somehow they put my mother's name as 'Jane Jill Doe of Johnson' in my birth certificate. So now USCIS wants proof that my mom used both names, because that is what it says in my birth certificate. But she never legally changed it. I will submit my mother's marriage certificate, which I guess proofs that she could've changed her name to "Jane Jill Doe of Johnson", and then her divorce certificate, which I guess proofs that she was no longer "Jane Jill Doe of Johnson", but none of these actually say "Jane Jill Doe of Johnson" anywhere.

    I was just wondering if this evidence would be sufficient enough and if anyone here has had a similar issue.

    Thank you for any response you might have.

    Happy Wife
  7. menupool

    menupool New Member

    I am US Citizen living in US and in the process of filing Green Card (I485 and I-130) for my mother who came on visitor VISA 3 months ago and is currently staying with my brother OH.

    Can I use OH address for her Green Card Application?
    Does my mother need to travel to CA for Finger Printing and Interview OR these will happen in OH as that would be the address on her I485 and I-130.
  8. bentlebee

    bentlebee Registered Users (C)

    Honestly I'm not sure you will be able to pull this off as she arrived on a visitor visa and most likely has to leave and file through CP instead of AOS as the way you now applied for her she risks getting an issue overstaying as you need a valid visa and I-94 to be able to stay here. She has now showed intend to stay here while entering on tourist visa. I would advise to contact a lawyer and see what is the best option. Maybe it is all ok but as far as I have heard you can't enter on tourist visa and apply for AOS and the process usually takes 5- 12 months and if she doesn't get it prior to her I-94 expiring than you have an issue.

    You can use any address for her green card and you need to proof that your income is enough to support her as well as yourself and anyone else in your household.

    Again contact a lawyer before making an error you can't undo.
  9. happywife

    happywife Member


    Your mom can in fact apply for her green card through you (US Citizen) while she is here on her tourist visa. I don't think there is a problem if she is staying (and plans on staying) in OH. The problems begin when you change your address (or the beneficiary's address) in the middle of the process. You mom would have to go through the adjustment of status and it can take a while. I advice that she stays wherever it will be a permanent address for the duration of her entire process with USCIS. If your brother plans on moving anytime soon, or you, then she shouldn't stay there. But if she's with your brother now and plans on staying there for the duration of the whole process (at the very least for 6 months to a year), then you can simply use your brother's address as the place where the beneficiary (your mother) is, and is planing on staying and living at. Use your address (petitioner) wherever it asks you for YOUR address. I think wherever SHE is, is where she would have to do the fingerprints and such.
  10. kyleXY

    kyleXY Registered Users (C)

    Hi Everyone I have a question and I would appreciate yalls help. I am a trying to apply for residency for my mother but I have not reached the financial limit that the US is asking of any sponsor. So I got someone to cosponsor the process. My mother is currently on B1 visa here in the US. I personally do not see the need of a lawyer. What do you all think?
  11. fremontca24

    fremontca24 New Member

    Hello everybody,
    I am bringing my parents from India so that i can apply for green card. I am US citizen.
    My dad had hip surgery and he has not recovered well.
    1)I want to understand if there is a faster way of getting green card for them on medical grounds?
    I have all the medical records history. Also currently they are planning to stay in USA for four months. I plan to file for green card immediately after reaching USA.
    2) Should i apply for I130 and I485 at same time. Does that mean that they can not leave the country until I485 is done?
    3) Is there a way to get medical help while green card application is in process?
    4) I have been able to get affidavit of birth from relatives but i don't have any NABC and no objection from police as well. Do i need to be concerned about anything?

    My dad is 76 years old and i want to get him treated in USA since his first surgery did not go too well.I will appreciate any guidance that you have on this.
  12. fremontca24

    fremontca24 New Member

    Is this the right forum to ask the question that i asked earlier? Don't see any response and hence wondering.
  13. 1AurCitizen

    1AurCitizen Registered Users (C)

    You cannot just "bring" someone to the US. They need to have a visa to enter the US.
    For you as a USC to apply a green card for parents, you must Petition them, and it takes approx 2 years before they're interviewed at the US embassy in India.
  14. km2013

    km2013 New Member

    I sent the I-130 package for my mom back in feb-march and still have not received a notice or case number, is this time processing normal?
  15. garu1gsr

    garu1gsr Registered Users (C)

    Did you find the reason?
  16. happywife

    happywife Member

    Hey guys,

    I have a couple of questions. I have been following this thread for a while and don't know if there is a different thread I should post these questions in, but I know a few people here might have the Answers...

    My mom's case was approved, she already had her interview, already entered in the US, has been here since August 28th.

    We got her Social Security Number in the mail on Friday September 9th.

    My questions are:

    1. Regarding the Social Security Number Card. Her name was not complete. For example, if her name was to be:


    Her name actually appears as:


    Her middle name is missing the last two letters. Has anyone else had this happen? I researched online and saw something about there being a limited amount of characters available in the card. However, what I found was that there were 26 available characters (including spaces) PER LINE. My mom's actual name + space + middle name is 18 characters long. Her actual last names are lastname1 + space + lastname2 are 16 characters long and they were not cut off. Does anyone know what this is all about?

    2. Green Card Status. How do I track it?. I logged in with my same account that I used to log in to USCIS when I initially applied for the I-130 to track that then, then I entered the USCIS Receipt number that I got when I paid the $165 Green Card Fee online (it was a receipt number that began with IOE letters), and nothing comes up when I check that receipt number. Is it too early to check? how else can I check? Am I logging in with the wrong information? I payed it on Payment Date: Jul 11, 2016

    3. Regarding OBAMACARE. I know my mom is required by law, like everyone else living legally in the US, to be insured, otherwise she will get a penalty when she does her taxes next year. The question is... when does she need to sign up? If I don't have the physical green card yet, can I sign up? I tried to signup on HealthCare.gov, but it said it couldn't find her information (i used her social security number which we just got last friday, and don't know if the name is wrong). If she is required to sign up by law, is there a grace period for people who just got here? like how long after you arrived until you have to signup before you get penalized?

    Is there a better thread where I should post this, for people who are already in the states and have similar issues on what to do next and how to do it?

    Thank you for your help if any :)
  17. happywife

    happywife Member


    Your parents must enter the US with a legal status, such as Tourist visa. Then, YES, you may apply to change their status from Tourist to permanent residents based on your citizenship (This is AOS, Adjustment of Status, so you are in the correct thread for this).

    1) You may be able to request an expedited process for the I-130, I would research about expediting the I-130 and what are the qualifications for that.

    2) I am not sure about filing both forms together, since I did my petition via CP, Consular Processing, while my mother was outside the US, not AOS. I believe you file them together and it is called Concurrent filing. I would read all the I-485 instructions carefully (https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf), and also this page: https://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing

    3) I believe your parents may get the Employment Authorizaiton Card before the petition is approved, and I think a Social Security Number as well. I believe you may use this to apply for medical assistance or even healthcare through Obamacare on HealthCare.gov... However, be careful, since you are required to prove that you can afford to have your parents here, without them being a "charge" to the government.

    4) Read all the instructions of all the forms which tell you all documents you might need. Maybe your parents can get these documents before they come to the US.

    Good Luck
  18. happywife

    happywife Member

    The "normal" processing time depends on the exact date when the USCIS received your documents and what office received it... I can help you and direct you to where you can find the "normal" processing times if you provide this information... but yes, 6 months is "normal" for the process to be completed, but I don't think it's normal that you have yet to receive a NOA1 or case number. Are you certain the USCIS received your paperwork? do you have a package mail delivery confirmation?
  19. sanket_82

    sanket_82 Registered Users (C)

    Hello All,

    My parents are currently in US and I am planning to file their green card soon. As far as I know, I need to
    1. File I-130 (separate for both parents)
    2. File I-485
    3. File I-864 (single form for both)
    4. All supporting documents as suggested in instructions for all the above listed 3 forms.

    My question is - Do I need separate I-485 for my father and my mother or one I-485 in my father's name would suffice for both?
  20. newacct

    newacct Well-Known Member

    Separate I-485s and separate I-864s.

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