GC for Parents - AOS and CP - Information Source

[needurhelp]

OK. So now I'm paranoid again. There was no mention of any cards in the emails I received.

First email or online update is always about the welcome letter.

Within two weeks, u'll see the message about the cards being ordered.

I think aalvar10 got the welcome notice on June 7 when he got the I-130 approval. He's just updating us about the cards now.

See my dates to get an idea for the timeline...

Approval and Welcome Notice: 05/22/2006
Card Ordered: 05/25/2006
GC Printed: 05/25/2006
GC Mailed: 05/26/2006 - mum
Online Update about cards ordered: 05/27/2006
GC Received: 05/30/2006 - mum
GC Mailed: 05/31/2006 - dad
Approval Notice: 05/31/2006 - dad
Approval Notice: 06/01/2006 - mum
GC Received: 06/02/2006 - dad
Approval Notice LUD: 06/03/2006

 

[abs49080]

confused

My moms case was approved May 23 and said it was sent to NVC for Processing . Today I received an email from USCIS saying…

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN
Current Status:
On June 13, 2006, we responded to your request for more information concerning your case. If you have not received our response within 30 days from this date, please call customer service at 1-800-375-5283.
I did not call and nor did request any information. Does anyone knows what this means? Thank you.

 

[jenimmi]

The lesson learned is: If you know you're right, keep bugging them. Talk to as many immigration officers as you need to find one who would listen, understand, and do something about your problem.
I'll keep you posted.

Way to go, Anahit!

It always pay to be on top of one's case, at least until you see a steady progress. I've been doing this since the very beginning when I knew my Mom's case is not following the DO's avg timeline. I am positive that only b'cos of persistent follow-up, my mom's case is where it is now. When I was advising the same thing that you had mentioned to the forum earlier, I was criticized by a moron. I am glad that more people are agreeing with what I had said before. "Being proactive is the mantra with Immigration".

Now that you've got the case worker working on your Mom's case, I am sure you will "keep in touch with her" until it is adjudicated . Good Luck!

 

[Anahit]

Way to go, Anahit!

It always pay to be on top of one's case, at least until you see a steady progress. I've been doing this since the very beginning when I knew my Mom's case is not following the DO's avg timeline. I am positive that only b'cos of persistent follow-up, my mom's case is where it is now. When I was advising the same thing that you had mentioned to the forum earlier, I was criticized by a moron. I am glad that more people are agreeing with what I had said before. "Being proactive is the mantra with Immigration".

Now that you've got the case worker working on your Mom's case, I am sure you will "keep in touch with her" until it is adjudicated . Good Luck!

Thanks, Jen.
I see you did not get very lucky with the officers on your parents' cases, otherwise they would have made more progress by now. And, even for where they are now you had to do a lot...
You'll make it happen! Don't worry. Your parents will get their green cards pretty soon.

 

[jenimmi]

Thanks for your kind and reassuring words, Anahit. I hope something good will happen soon (to yours too).
You are correct, I didn't get all that lucky
What you said earlier (and which I quoted), couldn't be said better. If one official doesn't answer, contact another and keep doing that till you find someone who is compassionate and can relate to your issue.

My Mom's case process is on a hiatus and she doesn't seem to care as she is all set to leave on a long trip on her AP. My ranting will begin when she is back again.

 

[Suzy977]

I am positive that only b'cos of persistent follow-up, my mom's case is where it is now. When I was advising the same thing that you had mentioned to the forum earlier, I was criticized by a moron. I am glad that more people are agreeing with what I had said before. "Being proactive is the mantra with Immigration".

You may know by now that in a public forum you get all kind of opinions, advices and criticisms...

It's you responsibility to select between good advices and morons opinions

You are a smart girl, you did the right thing...about the morons...is their constitutional right to be morons and act accordingly...otherwise without them we were living in a perfect world, right?

 

[SanJoseCA]

GC application for parents

Can I send GC application for my parents the next day after I took the oath? I am wondering whether I will get the necessary proof of citizenship on the same day of oath.

Their visitor visa extension was denied today, but my interview date is at the end of June. Is it possible to appeal the extension denial? I heard that they can still get the green card even if they overstay a few months, but not sure of any or what penalty there could be. Just anxiously hope my oath date will be shortly after the interview. Any idea how long to wait for the oath in San Jose? Thanks!

 

[souravm]

Filing for GC when parent is visiting US

Hello,

My mother-in-law is visiting US on tourist visa and I plan to file GC for her. Here are some questions on the

Form G325A (Biographic Info).
In the section on last 5 years of residence should it include last 3 months of stay in US. Also should it include any visits to US less than 6 months in duration

Form I-864 Affidavit of Support.
Part 3 asks for Current Address. Should this be the address in US where she is for the last 3 months or the address in India

Form I-485 Adjustment of Status.
Part 2 Application Type. It lists eligibilities from (a) through (g) - none of these relate to adjustment of a tourist visa to permanent residence. Should we list as (h) (other basis of eligibility), and what should we type in here?
Part 3 a asks "Were you inspected by a US immigration officer" at the place of last entry into US. All travelers to US are stamped by the immigration officer - should the answer be yes or no.

Form I-130. Item 22. If the person being sponsored is in US enter City, State of the INS office where the person will apply for adjustment of status.
We are in San Francisco Bay Area and we are mailing the Form I-130 to Laguna Niguel, CA. So will the INS office where the mother in law apply for adjustment of status be Laguna Niguel, CA or San Francisco, CA.

 

[Suzy977]

Can I send GC application for my parents the next day after I took the oath? I am wondering whether I will get the necessary proof of citizenship on the same day of oath.

Their visitor visa extension was denied today, but my interview date is at the end of June. Is it possible to appeal the extension denial? I heard that they can still get the green card even if they overstay a few months, but not sure of any or what penalty there could be. Just anxiously hope my oath date will be shortly after the interview. Any idea how long to wait for the oath in San Jose? Thanks!

You'll get your Naturalization certificate (your proof of citizenship) at the Oath ceremony. You can apply for your parents same day.

Your parents overstay will be forgiven when you apply for them, no penalty will be imposed.

 

[Anahit]

Hello,

My mother-in-law is visiting US on tourist visa and I plan to file GC for her.

You mean your spouse will file for her?

Form G325A (Biographic Info).
In the section on last 5 years of residence should it include last 3 months of stay in US. Also should it include any visits to US less than 6 months in duration

If she is visiting here, then the address in U.S. can't be her residence. U.S. addresses shouldn't be included.

Form I-864 Affidavit of Support.
Part 3 asks for Current Address. Should this be the address in US where she is for the last 3 months or the address in India

Same as previous.

Form I-485 Adjustment of Status.
Part 2 Application Type. It lists eligibilities from (a) through (g) - none of these relate to adjustment of a tourist visa to permanent residence. Should we list as (h) (other basis of eligibility), and what should we type in here?

You're filing I-485 concurrently with I-130. You should check the first box - (a).

Part 3 a asks "Were you inspected by a US immigration officer" at the place of last entry into US. All travelers to US are stamped by the immigration officer - should the answer be yes or no.

The answer is "Yes", unless she crossed the border illegally (which is not the case here).

Form I-130. Item 22. If the person being sponsored is in US enter City, State of the INS office where the person will apply for adjustment of status.
We are in San Francisco Bay Area and we are mailing the Form I-130 to Laguna Niguel, CA. So will the INS office where the mother in law apply for adjustment of status be Laguna Niguel, CA or San Francisco, CA.

First of all you should mail the whole package to Chicago Lock Box:
U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120
Here is the link: http://www.uscis.gov/graphics/formsfee/forms/i-485.htm.
As for Item 22, I think you should put San Francisco, CA for the first line, and N/A for the next line.

 

[ranchun]

What's going on at VSC ?

Way to go, Anahit!

It always pay to be on top of one's case, at least until you see a steady progress. I've been doing this since the very beginning when I knew my Mom's case is not following the DO's avg timeline. I am positive that only b'cos of persistent follow-up, my mom's case is where it is now. When I was advising the same thing that you had mentioned to the forum earlier, I was criticized by a moron. I am glad that more people are agreeing with what I had said before. "Being proactive is the mantra with Immigration".

Now that you've got the case worker working on your Mom's case, I am sure you will "keep in touch with her" until it is adjudicated . Good Luck!

I am completely baffled and extremely worried about my parent's GC filing at VSC. I filed I-130 for them back in December 2005 (ND 12/13/05) and I still haven't heard a thing from VSC. Then I saw jenimmi's I-130 filing for one parent at VSC has a ND date of February 2006 and it got approved in May...

What's going on ? Can anyone who's filed I-130 at VSC share their experience ?

Can I call the National customer service center ? The USCIS web site says calls should be made only if 30+ days have elapsed after the posted service center processing date. Any advice ?

 

[visaapplicant]

I am completely baffled and extremely worried about my parent's GC filing at VSC. I filed I-130 for them back in December 2005 (ND 12/13/05) and I still haven't heard a thing from VSC. Then I saw jenimmi's I-130 filing for one parent at VSC has a ND date of February 2006 and it got approved in May...

What's going on ? Can anyone who's filed I-130 at VSC share their experience ?

Can I call the National customer service center ? The USCIS web site says calls should be made only if 30+ days have elapsed after the posted service center processing date. Any advice ?

Ranchun,

Yes that is strange. Your I130 should have been approved by now. I believe 30 days have elapsed since their timeline passed your ND. You can call them and even consider scheduling Infopass.

My RD/ND are same as Jenimmi's and no news on I130s yet. I am getting concerned to the point where I need to consider calling/Infopass. Since their published dates have not crossed my ND, I guess I will wait for sometime.

Now, if I recall your parents are in USA currently or going to be here, right? In that case you can consider switching to AOS and filing I485 package when they are in USA. Then timing of I130 approval does not matter and based on what we see here, AOS is moving fairly well. I130 will be approved alongwith I485 if it is not already approved by then.

Good luck! Keep us posted.

 

[ranchun]

Ranchun,

Yes that is strange. Your I130 should have been approved by now. I believe 30 days have elapsed since their timeline passed your ND. You can call them and even consider scheduling Infopass.

My RD/ND are same as Jenimmi's and no news on I130s yet. I am getting concerned to the point where I need to consider calling/Infopass. Since their published dates have not crossed my ND, I guess I will wait for sometime.

Now, if I recall your parents are in USA currently or going to be here, right? In that case you can consider switching to AOS and filing I485 package when they are in USA. Then timing of I130 approval does not matter and based on what we see here, AOS is moving fairly well. I130 will be approved alongwith I485 if it is not already approved by then.

Good luck! Keep us posted.

Thanks for your advice. My parents arrived in this country about a month ago. We have since been waiting for the I-130s to be approved before filing I-485. So you think we should go ahead and file I-485 anyway ? Would it cause any confusion on the USCIS part since it is notorious for its bureaucracy ? Also if we decide to go ahead with filing I-485, I assume the place to send the paperwork would be the Chicago lockbox ?

 

[jenimmi]

Thanks for your advice. My parents arrived in this country about a month ago. We have since been waiting for the I-130s to be approved before filing I-485. So you think we should go ahead and file I-485 anyway ? Would it cause any confusion on the USCIS part since it is notorious for its bureaucracy ? Also if we decide to go ahead with filing I-485, I assume the place to send the paperwork would be the Chicago lockbox ?

Yes, USCIS has it own bizarre mode of operation when processing apps sent to the same center. I think one of my parents got lucky so far while the process of the other parent - whose I-485 is stuck for no reason.

If you called the Cust serv line, they would ask you to call back again when your RD/ND is at least 30 days before the date they are showing as processing. In your case, you should call when you see that they are showing processing date for I-130 as 1/13/06 or more. (I know this, b'cos I've been through this several times when I used to call about the AP for my mother). When that condition is met, they will create a referral # for your case and send the request for inquiry to VSC and you can hope to get an answer quite promptly.

If you do not want to go thro with CP and have a change of mind and if you think your parents will stay till the end of the I-485 process, then your best bet would be to file I-485 ASAP with the Chicago lock box. The instructions on I-485 are very clear re: this. You can also get the approx timeline for your DO from others on the forum. BTW, what is your DO?

Just curious, from your post I believe that they gained entry on V.visa after the I-130 was filed for them. Did they have any problem or were queried at the POE?

 

[ranchun]

If you do not want to go thro with CP and have a change of mind and if you think your parents will stay till the end of the I-485 process, then your best bet would be to file I-485 ASAP with the Chicago lock box. The instructions on I-485 are very clear re: this.

I went through the instructions for I-485 several times. This is the language on the form regarding basis for application:

(Attach a copy of the approval notice, or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)

My understanding of the above is that either a copy of approved I-130 notice should be filed with I-485 (which doesn't apply in my case), or I-130 should be filed with I-485 together. In other words, it looks like the ORIGINAL I-130 needs to be filed with I-485 (which process is the so-called concurrent filing.)

So the question is: since I am not doing concurrent filing of I-130 and I-485, can I attach a COPY of the not yet approved I-130 with the I-485 application ? I am not sure I can. Has anyone done this before ?

You can also get the approx timeline for your DO from others on the forum. BTW, what is your DO?

Philadelphia.

Just curious, from your post I believe that they gained entry on V.visa after the I-130 was filed for them. Did they have any problem or were queried at the POE?

Funny you should ask. Yes my parents were given a lot of grief at POE. They were grilled over and over regarding their non-immigrant V. visa... they were very close to getting turned around...

 

[jenimmi]

...
So the question is: since I am not doing concurrent filing of I-130 and I-485, can I attach a COPY of the not yet approved I-130 with the I-485 application ? I am not sure I can. Has anyone done this before ?

I haven't done this, but this is what I thought.. that you can attach the I-130 Receipt notice with the I-485, if I-130 is not approved yet. Others can comment. The link below is what an immigration attorney has to say on this:
http://www.imminfo.com/articles.html#fb

If you click on link "Switching from consular processing to adjustment of status ", it says - When swithcing from CP to AOS -
<snip>
When the applicant files for AOS, CIS will take care of retrieving the original preference petition file and the applicant need do nothing more.

It might be worthwhile to ask your question to the attorney [Mr.Gotcher ]himself, who answers questions as a free sevice here:
http://www.immigration-information.com/forums/forumdisplay.php?f=10

Funny you should ask. Yes my parents were given a lot of grief at POE. They were grilled over and over regarding their non-immigrant V. visa... they were very close to getting turned around...

Sorry to hear that.. but your parents prevailed
Would you be able to elaborate a li'l more on this? At one point, many of us here who are in a similar situation as yours, have been contemplating bringing parents here [for AOS] after filing I-130 thro CP. It might give us an idea how to prepare for the battle at POE.

 

[visaapplicant]

Ranchun,

Jenimmi already explained about switching from CP to AOS info that is available on web. My info is also based on what I saw on web including at immihelp.com

Only at one place in I130 you indicate foreign consulate vs DO in USA. If you file I485 package with I130 receipt notice, CIS will have everything that they need. The advantage will be parents will have "AOS pending" status, eligibility for AP, EAD etc. Things are moving quickly on AOS. Just in case if you need to, you can follow up on all forms with USCIS (only one agency) and not to worry about NVC.

I have seen some cases (e.g. a_usc) where I130 was filed before and I485 package was filed later without waiting for I130 approval. Although the plan there was always to do AOS (and CP was not indicated on I130) and the applicant was in USA all along.

Like Jenimmi said, I would also appreciate if you could provide more info on what happened at POE. Were parents specifically asked about I130? Did the officer at POE already know (from system) that I130 have been filed for them? Or did parents tell about I130 when asked?

Thanks.

 

[ranchun]

Jenimmi and Visaapplicant,

Here is what happened with my parents at POE: they were NOT asked specifically about I-130. The point they were grilled upon was that their flight tickets were one-way. The immigration officer at POE questioned why they didn't purchase round-trip tickets if they didn't intend to stay beyond the allowed time frame for V. visas. The explanation my parents offered was that due to some family reason (which prompted them coming to this country in the first place), they simply did not know ahead of time the exact date when they would be returning home although they will be returning within 6 months... As I said, it was very close and they were admitted at the last minute.

My suggestion for people in similar situations is get the round-trip tickets just to appease the immigration officer at POE. If you don't intend to use the return portion, pay a little extra up front such that you have the option to cancel the return ticket... It may not guarantee your admission, but it sure doesn't hurt...

BTW, when my parents applied for V. visa back at home, they truthfully checked the box next to the line item on the application form asking if anyone in the U.S. has filed immigration petition for them... I guess we were lucky in that they were granted the V. visa at all...

 

[visaapplicant]

Ranchun,

Thanks for the info. Please keep us posted as to how you proceed with I485.

 

[SanJoseCA]

GC application for citizen's spouse and parents

I remember read somewhere that there is some difference to apply GC for spouse and parents, but never understand what exactly the differences are. Can comeone shed more light on this?

In my case, spouse, mother and father are all in US. From what Iread in this thread, I should file 130/485/EAD/AP at the same time for all 3 of them. Seems to me the procedures and paperwork are pretty similar, right?

A separate question, should I mail 3 applications in 3 different packages? I am wondering if it helps to package 2 parents's applications in a single package?