GC for Parents - AOS and CP - Information Source

[Anahit]

---My mother has a US Tourist visa and a pending I-130 from her sister since 1986 --->do i need to mention it on my application?

I don't recall a question asking about it. You have to answer all questions truthfully, so if you see one you need to mention that fact.
For the 4th category (Brothers and Sisters of Adult Citizens) the current processing dates are:
All Charge- ability Areas Except Those Listed - 15FEB96
CHINA-mainland born - 22JUL95
INDIA - 08OCT95
MEXICO - 15MAR94
PHILIPPINES - 01AUG84
If you are from Philippines then your mom has about 2 more years of waiting for her sister's petition. If not, then her priority date has been current for a long time now.

My other question is, since I am gonna use Form I-130 for each of them, that means separate files for each, do I have to mail it in separately?
Or i can have both my parents in one envelope and my sister in one envelope?
Or i can have all the files in one envelope and mail it?

You can separate them with rubber bands or put them in separate folders, and send all in one envelope.

I am worried since I know it takes a lot longer to petition a sister than parents, so i dont know if my parent's file's gonna be affected with my sister's!

No, they won't be affected.

Also what's the time frame today for petition for parents and sister?

Your parents don't need to wait for visa number. It is immediately available to them. So, for them it's just the processing time which takes about a year.
For your sister it will take 11+ years.

And I only need to submit Form I-130 right?

Yes.

 

[neerajkhan]

Can you specify the question numbers on the forms?

They asked for the following things when they returned the forms as rejected and indicated to re-apply.

In the I-485 and I-131 they said the address was incorrect, it should have been the local address (as my parents are in USA currently) and not the address from India. So that i will modify.

The second issue was incorrect fee. Although there was correct fee for all the forms except I-485 where I should have put $395 and not $325.

We plan to submit the form on 18thJan with that change again. However 18th is also the date of return for my parents as the visa expires on 18th Jan.

My question is can they stay beyond 18th Jan. We had earlier applied for their Visitors VISA extension and had received reciepts from INS (no decision yet). Also petioner is a citizen in this case. Please advice.

Thanks ,
Neeraj.

 

[Anahit]

My question is can they stay beyond 18th Jan. We had earlier applied for their Visitors VISA extension and had received reciepts from INS (no decision yet). Also petioner is a citizen in this case. Please advice.

Thanks ,
Neeraj.

Neeraj,
Your question was answered twice. What is it that you don't understand in those responses?
Read them again! This is my response to your pm:
"First of all, the day USCIS receives the package (receipt date), which is probably January 8-10, your parents are considered to be in pending status. That means they are not out of status. Second, even if they went out of status, you would have nothing to worry about since the overstay IS forgiven to the parents of a US citizen.
Why did you spend your time and money filing for extension that your parents do not need???
Good luck!"
And this is the response you got from visaapplicant:
"Once applied for AOS, they have legal status of "AOS pending" and can stay in US. There was no need to apply for visa extension. The visa is for visitor and by applying for AOS they have confirmed the intent to immigrate.

Even if you had applied after the expiry of visa, the overstay would be forgiven for immediate relatives. Only issue could have been their reentry into US if they left before AOS was completed depending upon the length of overstay."

 

[Anahit]

And, btw, a non-citizen can't petition for his/her parents!!!

 

[neerajkhan]

And, btw, a non-citizen can't petition for his/her parents!!!

thanks for the reply Anahit, I appreciate it...the petioner is a citizen....my question was as all the forms have been send back ( due to address and fee issue) I need to re-submit them . Once I modify and send them then what will be the received date...will it be the old date when they were send e.g 2nd jan 2007.... or the day when they receive the revised version from me(e.g 18th jan 2007).



thanks for you help!!

 

[Anahit]

thanks for the reply Anahit, I appreciate it...the petioner is a citizen....

My point was that it couldn't have been otherwise...

my question was as all the forms have been send back ( due to address and fee issue) I need to re-submit them . Once I modify and send them then what will be the received date...will it be the old date when they were send e.g 2nd jan 2007.... or the day when they receive the revised version from me(e.g 18th jan 2007).

It will be the day they receive the new package. However, that's not important. Read one more time:
"Second, even if they went out of status, you would have nothing to worry about since the overstay IS forgiven to the parents of a US citizen."
"Even if you had applied after the expiry of visa, the overstay would be forgiven for immediate relatives. Only issue could have been their reentry into US if they left before AOS was completed depending upon the length of overstay."

Also, in case they do want to leave, and do CP (consular processing), you can't file concurrently. For CP you start with I-130 alone.

 

[dizizit]

Thanks Anahit!
You're a big help!


------------
sorry if im' pushing too hard

i have another question on this thread: http://immigrationportal.com/showthread.php?t=237623

can you help me with it?

thanks in advance

 

[visaapplicant]

Hi All

doe sanybody know how long it takes to get interview at mumbaiconsulate after teh NVc case is completed?

thansk in advance.

Regards
Dip123

Based on people's experience in this forum, I thought it would take 2-3 months after NVC transfers the case to Mumbai. However we are still waiting to hear from consulate. They post the appointment schedule for a month on their website by the 15th of previous month. They have not yet posted the Feb appointment schedule on consulate website. Hopefully we will get interview in Feb.

 

[visaapplicant]

Finally we got an interview date. yey... My paretns' cases were completed in NVC on July 27 but we were waiting to get an interview date in Abu Dhabi consulate, so finally we have a date and it's Feb 6. Now I'm waiting to get the package and see what they need to take with them and how many days in advance they need to be there for medical??? Any ideas???

It took rather long time to get interview date after NVC case completion. I do not have any idea about Abu Dhabi consulate. Hopefully someone with experience there can answer. What does their website say? Good luck!

 

[neerajkhan]

My point was that it couldn't have been otherwise...

It will be the day they receive the new package. However, that's not important. Read one more time:
"Second, even if they went out of status, you would have nothing to worry about since the overstay IS forgiven to the parents of a US citizen."
"Even if you had applied after the expiry of visa, the overstay would be forgiven for immediate relatives. Only issue could have been their reentry into US if they left before AOS was completed depending upon the length of overstay."

Also, in case they do want to leave, and do CP (consular processing), you can't file concurrently. For CP you start with I-130 alone.

Thanks a tonnes....you did answer me earlier but ...it is now that I could understand it. Thanks for being so patient and making me understand...I appreciate it.

Neeraj.

 

[Anahit]

Thanks a tonnes....you did answer me earlier but ...it is now that I could understand it. Thanks for being so patient and making me understand...I appreciate it.

Neeraj.

Anytime.

 

[aabraham]

Documents needed for interview

OK - now that my parents have interview dates I'm freaked out about the documents they need to take to the interview. Could someone please help me?

Do I need to send them the originals of my tax documents?
What is OF-169?
What is OF-230? is that the same as the affidavit of support? I have the copies of affidatit of support but it's called I-864 not 230???
What else do they need?

Thanks,
aabraham

 

[visaapplicant]

OK - now that my parents have interview dates I'm freaked out about the documents they need to take to the interview. Could someone please help me?

Do I need to send them the originals of my tax documents?
What is OF-169?
What is OF-230? is that the same as the affidavit of support? I have the copies of affidatit of support but it's called I-864 not 230???
What else do they need?

Thanks,
aabraham

I believe OF-230 has been renamed to DS 230. I do not know about OF-169. Since your parents will be interviewed in Abu Dhabi, UAE which is an application review conculate (and not standard review consulate) you must have submitted most of the docs already to NVC. When they receive the interview letter, it will have the details. But looking at info from NVC website (link below), it doesn't look like there is a whole lot additional stuff needed. It seems you would have already submitted most of the stuff and now medical is needed.

http://travel.state.gov/visa/immigrants/types/types_1309.html
on this page click on
Instructions for Immigrant Visa Applicants (applying in Albania, Canada, Lebanon, Philippines, Turkey, United Arab Emirates or on the continent of Africa)

 

[visaapplicant]

I plan to apply I130 for my parents. My parents dont have a Marriage Certificate as in those times it wasnot considered a practise. Are affidavits from relatives fine or should we get a Non-availability Certificate too for that. It would be troublesome as none of our folks live in that place anymore.
Where would be getting one such Certificate.

In general, it is advisable to provide a non-availability certificate (NAC) alongwith two affidavits. NAC would be issued by the same authority that would have issued the marriage certificate. The other option is to record the marriage now by providing a copy of marriage invitation, affidavits, other supporting evidence and the municipal authority will issue marriage certificate. Either way, you will have to contact municipal office in that place, which seems to be troublesome in your case.

For parents' GC, their marriage certificate is only needed for father's I130. You can try applying with only affidavits and see if that works. If CIS needs it, you will receive an RFE.

If you are talking about a place in India, I have heard about yourmaninindia.com service for help with obtaining documents. I have not used the service but you may want to explore that.

 

[visaapplicant]

My birth cerificate from my native place do not have my Mother's Name on it. Only my Father's name is specified. I am applying POS for my Mom. I find that Indian Embassy issues birth certificates with both parents names. Can I submitt the one issued by Indian embassy for I130. Any one submitted like this? Will that be acceptable? Please help.

It's a big process to get a new birth certificate from my native since none of my family lives there.

You already have a birth certificate which is incomplete, you can use it with two affidavits from relatives (other than your parents since they are beneficiaries of this petition) who have knowledge of your birth. Did the same birth certificate work for your GC? What did you do at that time?

I have heard about people using embassy issued BC successfully. However, it is a chance you can take.

 

[ashburnkid]

Visa applicant,

Thanks for your reply. Yes, I did submitted the BC issued by Embassy of india for my GC. I had no problem. I can do the same now too. I am just checking if any one submitted the BC from Embassy, and had any problems with it. Appreciate any response.

 

[aabraham]

I believe OF-230 has been renamed to DS 230. I do not know about OF-169. Since your parents will be interviewed in Abu Dhabi, UAE which is an application review conculate (and not standard review consulate) you must have submitted most of the docs already to NVC. When they receive the interview letter, it will have the details. But looking at info from NVC website (link below), it doesn't look like there is a whole lot additional stuff needed. It seems you would have already submitted most of the stuff and now medical is needed.

http://travel.state.gov/visa/immigrants/types/types_1309.html
on this page click on
Instructions for Immigrant Visa Applicants (applying in Albania, Canada, Lebanon, Philippines, Turkey, United Arab Emirates or on the continent of Africa)

Thanks Visaapplicant, Yes I've submitted all of those to NVC already so I'll just send another copy to my parents to take with them just in case. What about tax documents? I've sent copies of my tax records for past 3 years. Do I need to send the originals to my parents?

 

[bkd52]

Nonimmigrant Visa Number

One can petition for parents only if the petitioner is US Citizen. GC holder or LPR cannot apply for parents.

[*]I-485, Application to Register Permanent Residence or to Adjust Status
Fee - $395.00, includes $70.00 Biometrics Fee
Photographs - Two
Applicant Birth Certificate - see above in case of missing official Birth Certificate
Copy of Visa page(s)
Copy of I-94 - Both Sides
Visa Number is the one in RED
[/HTML]

Visa Number is the one in RED .
Are you referring to the Number on the I-94 Card? Is this the number I would enter in the field called "Nonimmigrant Visa NUmber" on the I-485 Form?

 

[Anahit]

Visa Number is the one in RED .
Are you referring to the Number on the I-94 Card? Is this the number I would enter in the field called "Nonimmigrant Visa NUmber" on the I-485 Form?

No, the number on I-94 is I-94 number. He is referring to the red number in the passport.

 

[rona70]

I have been reading the forums, unfortunately I couldnt find an answer to my question. Question 21b on DS230 ask this: List persons named in 14 and 19 who will follow you to the US at a later time?

I am a USC filing a petition for my dad. But I have two sisters aged 14 and 19. My mom will stay with them in India for now. I intend to file a petiton for all 3 of them at a later time. But as you know, the petiton for the children may take up to 6 years. Should I post their names as an answer to question 21b? Will that hurt my dad's chances to immigrate or theirs to come visit the US at a later time as tourists?

What should I do? Thank you very much.

Rona