GC for Parents - AOS and CP - Information Source

[visaapplicant]

At this point I am beyond frustration. My parents' I-130 with VSC (ND 12/13/2005) is still NOT approved and it's been 7 months now. Last time I asked my congressman's office to inquire, we were told a background check is under way and the VSC is waiting for the result.

What options do I have right now ? This is turning into a nightmare...

As you may have noticed, VSC processing date is 2/5/06 now. Which means you can call 1-800 # and they will open an inquiry and give you a reference # to follow up on (this is based on info gathered on this forum).

While it is frustrating that your I130 is awaiting approval for 7 months now, in you case, with I485 being filed, it is less of an issue. Based on what we have seen here, your I485 processing will move forward per Chicago Lockbox, MSC and your DO timelines. When it is time to adjudicate I485, your I130 will also be approved then if it is not already approved.

BTW I am also getting anxious about my I130, it has been 5 months and no word yet.

 

[Noma]

Has Anyone travelled through the Frankfurt airport in Germany?

Please let me know if you have. Are they very strict with hkow much carry-on luggage one should carry? For example the carry-on little suitcase, what's the limit on that one? And do they way carry-on bags at that airport?

Please help, I'll be travelling next week.

Thank you,
Noma

 

[visaapplicant]

My sister is a US citizen and she filed 130 for my mom this April. My mom is currently in China.

Recently my mom got a B2 visa to visit US. It's actually quite surprising because on the visa application form, it clearly indicated that she applied immigration visa. But the visa official still issued her a one year multiple entry B2 visa.

My questions are:
1) Will it be faster to get GC, if she come to the US immediately and file AOS?

Currently, AOS is moving faster than CP. However you never know how the individual case will turn out or how the overall processing times will change in coming months. Also it is recommended to wait for some time (1-2 months) upon arrival in US before filing I485 to overcome "immigration intent" issue. Although people have filed sooner as well without problem.

2) Will she need to file another 130 and withdraw the previous 130 CP?

No.

3) If she doesn't withdraw the previous 130, can she file 485 based on previous 130?

Yes. You can file I485 with a copy of I130 receipt notice.

4) What's the chance of being denied by an official at POE? I would guess the chance is slim since my visa is quite newly granted.

Any suggestions or related experiences are higly appreciated!

You mean to say your Mom's visa is newly granted. I don't think there is much correlation with when B2 visa was granted. It is more dependent on immigration intent. So there is always a possibility. Based on experience of a member with username "ranchun" (please see an earlier post in this thread), there may be more questioning at POE if there is no return ticket. There have been other threads in this forum discussing this issue as well.

 

[ranchun]

I-131

Just want to make sure: have already filed I-485 for a parent. Now needs to file I-131. Where to file ? Chicago lockbox ?

According to the I-131 instructions, application should be sent to Chicago lockbox only if I-485 is being filed. In our case, I-485 has already been filed. Does this change where we should file ?

Thanks.

 

[greencardmaze]

hey visa applicant... I applied concurrently for for my mom on january 23rd.... they transferred her papers to CSC on May 23rd.... and now still nothing

i have seen people update their status who have applied in february, and have already received their greencards, and i think most people get a response after transfer to CSC by about a month.... somtimes i think, am i just being too anxious because i want everything to be done quickly?? or are they realy too late... and i need to do something about it?? I dont know, either way....just wanted to tell you you are not alone.... i hope we both hear something about the green cards pretty soon. good luck.

 

[visaapplicant]

hey visa applicant... I applied concurrently for for my mom on january 23rd.... they transferred her papers to CSC on May 23rd.... and now still nothing

i have seen people update their status who have applied in february, and have already received their greencards, and i think most people get a response after transfer to CSC by about a month.... somtimes i think, am i just being too anxious because i want everything to be done quickly?? or are they realy too late... and i need to do something about it?? I dont know, either way....just wanted to tell you you are not alone.... i hope we both hear something about the green cards pretty soon. good luck.

Thanks for the note. Hopefully you will hear about GC approval from CSC soon.

 

[patel1229]

Intrepreter for mom

My mom has her AOS interview schedule in Hartford on July 24. She doesn't know English and I am wondering if I can be her interpreter ?(I am her son and a sponsor). In the letter says you can bring intrerpreter who is not your relative if you don't know English. Do I allow to go with her in interview? Can inerpreter be a family friend who knows both language?

 

[needurhelp]

My mom has her AOS interview schedule in Hartford on July 24. She doesn't know English and I am wondering if I can be her interpreter ?(I am her son and a sponsor). In the letter says you can bring intrerpreter who is not your relative if you don't know English. Do I allow to go with her in interview? Can inerpreter be a family friend who knows both language?

You can accompany ur mum for her interview. Interpreter doesn't have to be the sponsor. It is not required for the sponsor to attend the interview either.

 

[jenimmi]

My mom has her AOS interview schedule in Hartford on July 24. She doesn't know English and I am wondering if I can be her interpreter ?(I am her son and a sponsor). In the letter says you can bring intrerpreter who is not your relative if you don't know English. Do I allow to go with her in interview? Can inerpreter be a family friend who knows both language?

What needurhelp said is correct. You can accompany her to the interview both/either in the capacity as sponsor and interpreter.

But, I have a question re: what you said about the IL instructions
"you can bring intrerpreter who is not your relative if you don't know English".

I got the IL for my Mom recently. It only says under the heading "Who should come with you?"
"If you do not speak English fluently, you should bring an interpreter."

I don't think IL are different or are location specific with respect to this instruction. Can you look into the IL again and confirm if what you posted earlier is what is mentioned. Just curious.
Thanks.

 

[jenimmi]

I plan to file AOS for my parents who are currently in the US. I have some general questions.

1. Since my parents don't know English, I have to fill all the forms for them. Do I need to fill the Notice of Entry of Appearance? After they sign the form, do I need to notorize all those forms?

2. I read somewhere in this thread that since parents are visitors, so their current address on all forms should be their residence address in original country, not their current US address. Is that right?

Thank you in advance!

1. Notice of Entry of Appearance -
I thought one needed to fill that out, when using an Attorney's services. If your parents can sign in English then you can tell them what you've filled out and they can sign it. Most people on the forum did that.
Note: Mine is not legal advice. It will be your call to make a decision.

2. Your question does not specify which form. In general, wherever the form(s) ask for their current address (since they are here and you're filing AOS) it will be where they are residing in US. If residing with you, then your address.
Example: Part I - Info about you in I-485
Ex 2: Section C - Info about your relative i I-130
It will be their address in US.

 

[patel1229]

What needurhelp said is correct. You can accompany her to the interview both/either in the capacity as sponsor and interpreter.

But, I have a question re: what you said about the IL instructions
"you can bring intrerpreter who is not your relative if you don't know English".

I got the IL for my Mom recently. It only says under the heading "Who should come with you?"
"If you do not speak English fluently, you should bring an interpreter."

Inerview letter came from MO and it states the same as you mention: "If you do not speak English fluently, you should bring an interpreter." but we just received another mail from our DO (Hartford) yesterday which states which documents to bring for interview and also says "you can bring intrerpreter who is not your relative if you don't know English".

 

[maoliz]

1. Notice of Entry of Appearance -
I thought one needed to fill that out, when using an Attorney's services. If your parents can sign in English then you can tell them what you've filled out and they can sign it. Most people on the forum did that.
Note: Mine is not legal advice. It will be your call to make a decision.

2. Your question does not specify which form. In general, wherever the form(s) ask for their current address (since they are here and you're filing AOS) it will be where they are residing in US. If residing with you, then your address.
Example: Part I - Info about you in I-485
Ex 2: Section C - Info about your relative i I-130
It will be their address in US.

Jen, thank you very much!

I understand what you said about Ques 1. But for Ques 2, could you check post #379 and comment on Anahit's answers?
http://boards.immigrationportal.com/showthread.php?t=202993&page=26&pp=15&highlight=AP+process+time

Basically someone asked:
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 2 asks for Current Address. Should this be the address in US where she is for the last 3 months or the address in India

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

 

[ayodhya]

Dear Patel1229:

Can you please post the timeline for your mother application in Hartford ?
I am very interested because I have applied for my mother in Hartford but I have not received any reply from MSC or Hartford yet.

Any information you post for the timeline would be greatly appreciated.

Ayodhya

What needurhelp said is correct. You can accompany her to the interview both/either in the capacity as sponsor and interpreter.

But, I have a question re: what you said about the IL instructions
"you can bring intrerpreter who is not your relative if you don't know English".

I got the IL for my Mom recently. It only says under the heading "Who should come with you?"
"If you do not speak English fluently, you should bring an interpreter."

Inerview letter came from MO and it states the same as you mention: "If you do not speak English fluently, you should bring an interpreter." but we just received another mail from our DO (Hartford) yesterday which states which documents to bring for interview and also says "you can bring intrerpreter who is not your relative if you don't know English".

 

[jenimmi]

Jen, thank you very much!

I understand what you said about Ques 1. But for Ques 2, could you check post #379 and comment on Anahit's answers?
http://boards.immigrationportal.com/showthread.php?t=202993&page=26&pp=15&highlight=AP+process+time

Basically someone asked:
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 2 asks for Current Address. Should this be the address in US where she is for the last 3 months or the address in India

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

Well.. I can only tell you what I did when filling out those forms. I don't think the term 'residence' is clearly defined in any instruction. It is actually up to an individual, how they interpret it. I checked the copy of the forms that we filed and this is what we did, I don't know if this is right or wrong.

G-325A
Under the heading "Applicant's Residence Last Five Years. List Present Address First"
We put the US address first, as we assumed one would have to be residing in US at the time of application (with an intent to immigrate) and the rest, the address where my Mom used to reside abroad. In my understanding, previous 'visits' to US need not be included as 'residence'.

I-864
This one seems to have changed since the time we filed. The form that we used in Part 3 was asking for "Information on the Immigrant(s) You are sponsoring" - There's a field called "Current Address" and we put the US address there. In general any form that asked for Current Address, we put the US address, for the same reason I explained above.

I noticed, this info is now asked in Part 2 in the new I-864 - "Information on the Principal Immigrant". Here it clearly asks for "Mailing Address" - for AOS, this should be the address in US.

If some one did not include the US address -
I guess it doesn't make a big difference when you are filing AOS whether or not you include the current address as US address, as it is understood the beneficiary actually has to be residing in US, when AOS is filed.

 

[jenimmi]

What needurhelp said is correct. You can accompany her to the interview both/either in the capacity as sponsor and interpreter.

But, I have a question re: what you said about the IL instructions
"you can bring intrerpreter who is not your relative if you don't know English".

I got the IL for my Mom recently. It only says under the heading "Who should come with you?"
"If you do not speak English fluently, you should bring an interpreter."

Inerview letter came from MO and it states the same as you mention: "If you do not speak English fluently, you should bring an interpreter." but we just received another mail from our DO (Hartford) yesterday which states which documents to bring for interview and also says "you can bring intrerpreter who is not your relative if you don't know English".

This is totally news to me. Thanks for looking it up and confirming. I didn't know that the DO will send a separate IL, with its own rules. The only one I got so far was an IL from MO and none from the DO itself. I'll have to wait and see. It just seems weird that the sponsor in a family based case (who has to be a 'relative' by USCIS' own definition) cannot go to the beneficiary's interview. Any body else got such a letter?

Anyway last month when I checked, I was told by a Supervisor at Newark DO, that I can accompany my Mom to her interview as an interpreter/Sponsor. That's what I've seen people doing so far on the forums too. So, this seems to be something new? Before your Mom's interview, you should still call Hartford DO and ask them if you can go there as her interpreter.
If we get sent a letter similar to yours, I really don't have a choice and I will have to be her interpreter.

 

[jenimmi]

Patel & others - a thought:
Could it be possible that this is a standard IL that they send out to family based cases - and it does make sense if it's an interview for spouse case, as they don't want the spouse to be an interpreter for obvious reasons?

 

[maoliz]

That makes sense to me, thank you!

Well.. I can only tell you what I did when filling out those forms. I don't think the term 'residence' is clearly defined in any instruction. It is actually up to an individual, how they interpret it. I checked the copy of the forms that we filed and this is what we did, I don't know if this is right or wrong.

G-325A
Under the heading "Applicant's Residence Last Five Years. List Present Address First"
We put the US address first, as we assumed one would have to be residing in US at the time of application (with an intent to immigrate) and the rest, the address where my Mom used to reside abroad. In my understanding, previous 'visits' to US need not be included as 'residence'.

I-864
This one seems to have changed since the time we filed. The form that we used in Part 3 was asking for "Information on the Immigrant(s) You are sponsoring" - There's a field called "Current Address" and we put the US address there. In general any form that asked for Current Address, we put the US address, for the same reason I explained above.

I noticed, this info is now asked in Part 2 in the new I-864 - "Information on the Principal Immigrant". Here it clearly asks for "Mailing Address" - for AOS, this should be the address in US.

If some one did not include the US address -
I guess it doesn't make a big difference when you are filing AOS whether or not you include the current address as US address, as it is understood the beneficiary actually has to be residing in US, when AOS is filed.

 

[ayodhya]

Dear Patel:

Can you please post the timeline for your mother's case.
I have filed for my mother and I am in Hartford DO.
Your timeline will give me some clue as to what /when to expect the IL

ayodhya

 

[patel1229]

Dear Patel:

Can you please post the timeline for your mother's case.
I have filed for my mother and I am in Hartford DO.
Your timeline will give me some clue as to what /when to expect the IL

ayodhya

DO:Hartford
Mailed I 130/ 485/ 131 to chicago lockbox
RD: 01/05/06
ND: 01/13/06
FP: 05/16/06
AP: 02/23/06
Interview: 7/24/06

 

[patel1229]

Patel & others - a thought:
Could it be possible that this is a standard IL that they send out to family based cases - and it does make sense if it's an interview for spouse case, as they don't want the spouse to be an interpreter for obvious reasons?

It is possible that they send out one generic letter to all the family based cases.