GC for Parents - AOS and CP - Information Source

[Anahit]

Then last week I received RFE for my dad, saying that his medical exam form is not original.

Did you send the original sealed envelope that the doctor gave you?

This week I received RFE for my mom, requesting I-864A and proof of assets (we used joint accounts of me and my spouse).

Well, you should have sent I-864A. Did you?

I did their forms together so their applications are almost identical, while the two RFEs are for completely different issues.

Then, you would most likely get RFEs for the other parent for the same issues.

I wonder if this is normal, since their cases are probably processed by two different persons. Or is USCIS becoming more picky? Should I just send in what they ask for without asking questions? Most importantly, how would this delay their cases? We are moving to a different state in July, and I was really hoping that they would get their GC before we move...

If you failed to send those documents, then what does it have to do with them being picky? If you didn't, then again, it's not being picky.

 

[hnjjz]

Thanks for your reply, Anahit. I should've made things more clear in my original post. I included in the package the sealed evelope given to me by the civil surgeon, so I have no idea why I got the RFE for my dad. The only thing I can say is that the civil surgeon is the meanest person I have met, and when I went in to get another copy of the form, they charged me $30!

The assets I used on I-864 are joint accounts between me and my spouse. I posted the question on imminfo.com and the lawyer Ron Gotcher replied saying that I didn't need 864A, so I didn't file it. And if I do file 864A, should I enter the amount of assets that I already included on my I-864? That'll be a duplicate, right?

According to what you said, I may get RFE for my other parent. Does it mean that one case can generate multiple parallel RFEs? Should I send in the documents before they ask for it to save time?

I suspect they are more picky now because I handled my own case (based on marriage to USC) with no problem (except name check), and I don't think I did anything different on my parents' cases. I'm just wondering if others have similar experiences (getting RFEs, etc.), and how it delays their cases.

Thanks a lot!

 

[Anahit]

I included in the package the sealed evelope given to me by the civil surgeon, so I have no idea why I got the RFE for my dad.

OK, so it got lost. That explains why your mom didn't get an RFE for medicals.

The assets I used on I-864 are joint accounts between me and my spouse. I posted the question on imminfo.com and the lawyer Ron Gotcher replied saying that I didn't need 864A, so I didn't file it. And if I do file 864A, should I enter the amount of assets that I already included on my I-864? That'll be a duplicate, right?

I think, since you are using joint accounts, you should have your spouse fill out I-864A - the agreement to use those accounts, even though you would show the duplicate assests there.

According to what you said, I may get RFE for my other parent. Does it mean that one case can generate multiple parallel RFEs? Should I send in the documents before they ask for it to save time?

I don't know, if you would get another RFE for your mom, but make sure to fill out the form and take it with you to the interview, just in case (that's if she is called for an interview: a lot of parent's cases get adjudicated w/o an interview).

 

[hnjjz]

Anahit, actually on my dad's RFE, the reason for them asking for an updated 693 is "Other: You submitted the copies of the form I-693". I called USCIS and they said that they require original signatures of the civil surgeon on the forms, so photocopies would not work. But there is no way of my finding out what was in the sealed evelope...

BTW, I just called USCIS about my mom's RFE too, and the lady told me that if I use joint accouts, my spouse doesn't need to file 864A. But if the RFE asks for it, I have to provide it.

 

[Dawn123]

the new bill is stalled

rk9465,

The new bill is now stalled on Senate. Even it's passed on Senate, it has to go through the House, who rejected the immi bill passed by Senate last year. So if I were you, I would go ahead applying for siblings, especially considering the fee will substantially be increased since 7/30/2007.

how long do you think the new bill will take to enact?

also, so do u think it is pointless to apply for siblings? or should we just apply anyway and hope that the cut off date will change and take our chances?

 

[rk9465]

Thanks Dawn.

I have some other questions as well but I'll hold off on them pending citizenship.

 

[lawait6]

Is I-130 processed separately from I-485?

An inquiry shows that my dad's case is pending background checking. But we don't have any interview done yet. Do they approve I-130 first or have to wait till I-485 background checking is done? Is the interview for I-130 or I-485. I have done a search, looks like most people have done an interview and get their I-130 approved even though they might face a pending name check. Please confirm.

I am thinking applying an AP for my parents. Is '5-month' as the expected length of trip too long?

In addition to copy of I-485, 2 photos, I-131, check, what other document/evidence should we include. Thanks for any reply.

 

[js_NYC]

I talked to an attorney about bringing my mother here on tourist visa and filing for her GC. He said better that she mails all the affidavits etc to you beforehand and doesn't bring them with her, otherwise if the immigration officer sees these he will know she is coming with immigrant intent. Does he have the authority to check baggage?

Also her tourist visa is expiring at the end of this year. He said that if she comes in October, she might only get a two month stay approved. I thought that the visa could expire the next day and the person can still enter and get a 6 month stay on i94.

He also mentioned that I shouldn't try to renew her tourist visa, since it will probably be denied because I am a US citizen and they may cancel her existing visa too. Is that true?

He also said not to file for her after two months after arrival, but to wait for 3 months, since that is safer, but I don't want to wait that long with the uncertainty of the new laws. What do you think?

Thanks and regards,

I think your attorney is being extremely paranoid, I doubt that the immigration officer would look thru her bag, as he's stamping the passport.

However, I can testify thru my own experience, that once I became a citizen, my parents were denied a tourist visa. They were told point blank that they needed to apply for an immigrant visa.

 

[spra]

Tax Return

I have not personally reached this stage of the application, but I believe they are looking for Transcripts of Tax Returns, which can be obtained by completing form 4506-T (can be found on irs.gov website).

Hi js_NYC,

If you e-filed your tax returns then you WILL have to obtain IRS transcripts for those returns. They do not qualify the tax return copies from any tax softwares like TurboTax, TaxCut, TaxAct etc. And it is pretty easy to get the transcripts - you simply call the 1-800-829-1040 number and talk to a rep over the phone who will ask you simple identity questions like your ssn, dob, your spouse's ssn, your spouse's dob, mailing address and you can then order the transcripts upto the past 3 years only for eg. in 2007 you can order tax returns upto 2004.

If you are in urgent need of them (running out of time or something or paranoid as I am ) then you can request them and they will FAX you the copies of those transcripts right then and there. If you do that make sure that you have a fax machine next to you because they don't hang up - they will stay on the phone and confirm that you got them.

Good luck.
Spra

 

[spra]

Schedules

I called NVC. They told me that the electronic filing version is not acceptable. I printed out my tax return from TAXCUT. I am sure somebody here used TAXCUT software. Which tax return copy did you send to NVC? Do I have to get it from IRS?

Thanks.

Hi wiStar,

Schedules are official tax documents that are part of your main tax form 1040. If you, for example, had itemized your deductions instead of taking standard deductions on your tax return then TaxCut would have generated a 'Schedule A' document alongwith your 1040 form which it submits automatically. Similarly there are other "Schedules" based on case to case basis - for example - a business owner would have lot more schedules to submit than an individual non-business owner tax form. Hope this helps.
BTW, see my answer to your original question about tax transcripts from IRS - I answered to ji-NVC's post.

Good luck.
Spra

 

[ajaz]

I 485 fees

I filed I 485 for parents and sent a money order of $325+$70 instead of a single money order of $395. I hope it is ok, can someone reply. Stapled both of them to the form
Thanks

 

[sre]

Effect of new bill

If the bill gets passed then there will be a yearly cap of 40,000 on the parents category, which will be a new category. From what I researched on the internet, on average 80,000 - 90,000 GCs are issued every year to parents of US citizens. So, if this bill is passed, there will be a maximum backlog of 2-3 years(wait for the date to become current) for the people filing within the first year of the bill's effective date. This backlog will of course get worse as the years go by. Currently there is no backlog because there is no cap. Am I correct in my thinking?

 

[rk9465]

I believe this bill got rejected / withdrawn...if it is part of the CIR

 

[sre]

The politicians are trying to revive it - will be voted on again probably next week.

 

[ExEB1Waiter]

AOS vs CP: Need advise

I want to apply for PR status for my parents. They have a tourist Visa which is valid till 2010. I am debating whether to apply for their GC via AOS vs CP. Apart from other issues, the flexibility or the lack thereof to travel to India is an important factor. I need advise on the following:


1. If I apply for an immigrant visa for them via the CP process, can they still continue to use the tourist Visa for visits?

2. If the tourist visa is no longer valid, can a parole document be issued for beneficiaries who are going through the CP process?

3. If the parole can not be issued for CP, can I apply for the immigrant visa while they are in the US via AOS, get the parole, and then request CP? Will the parole still be valid even the original intention was AOS?

 

[KaJuan]

I-130/AOS for Parents

My parents have a 10-year B1/B2 visa that will expire on 2011. They have been visiting us every year for 6 months. They have their ITIN (Tax Identification Number) for tax purposes and we claimed them as dependents on our Income Tax Return.

They are in US right now and we want to start the I-130 and AOS concurrently so we can save time. As part of AOS documents, we have to submit I-864 and our tax transcripts (which we already have). Will it be a problem when the IO sees that we are already claiming them as dependents on our tax forms?

Any response is appreciated.

 

[PraetorianXI]

Why did you claim them as dependents?

 

[csren]

I485 after termination of remove hearing

My mother's removel hearing was derminated by the immigration judge based on the approvel of her I130. Anyone knows the precedure of I485 application after the termination of revmovel hearing? Any help would be greatly appreciated!
csren

 

[js_NYC]

AOS Bill and I-864 form

Does anyone know if I have to pay two Affidavit of Support bills, for each one of my parents, or can I just pay one? Would I be filing two separate I-864 forms, or just one?

I'm still waiting for the letter from NVC, but I was wondering if anyone had gone thru this already.

Thanks

 

[Anahit]

Does anyone know if I have to pay two Affidavit of Support bills, for each one of my parents, or can I just pay one? Would I be filing two separate I-864 forms, or just one?

I'm still waiting for the letter from NVC, but I was wondering if anyone had gone thru this already.

Thanks

Each parent's case is a separate case, thus it has to have its own set of forms!
1 I-864 for each parent!