GC for Parents - AOS and CP - Information Source

Hi dna123,

Actually I have applied for my mom's I-130. Looking at your dates of application I had some questions. I have applied for my mom's GC (Consular Processing). She is currently in India. Her I-130 is pending approval. I was wondering if:

1) She can travel to US on her 10 year multiple entry tourist visa now?
2) Is there anyway we can change Consular Processing to AOS if she can come in here on her tourist visa?
3) Also after I-130 approval I see that you took a break before you applied for 485. How much time do they keep I-130 approval valid?

Thanks for any info that you can share.


Here are my comments and opinion:

1. If your Mom already has tourist visa then she should not have issue traveling while I 130 is pending. In fact that was the reason why I did not do concurrent filing (130 and 485 at the same time) as my Mom wanted to visit India. Issue comes if you try to apply for tourist visa while I 130 is pending.

2. After getting our I 130 approval, I called up NVC to ask them if I can apply for I 485. As my original plan was for consular processing. They said I could file for I 485 if my Mom was in USA already. Infact she happened to return to USA just 1 week before I 130 approval. NVC also said that they could keep I 130 approval "active" for one year. So I had time to decide to go for 485 or consular.

3. I guess as I mentioned I 130 remains active for one year. But I am not sure at this moment. You can call up the number they provide on I 130 approval notice. When I called up, the rep was very friendly and patient to answer all my questions.
 
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You should file I-485 in my opinion and attach the receipt notice of I-130.

I have noticed that concurrently filed I-130/I-485 are processed faster, but since you missed that opportunity, you should not wait for I-130 approval. I-130 filed separately may take upto 9 months (took me 7 months).
Thank you! This is very helpful
 
I am sure it will be approved soon. Had another LUD today for I-485 and got an email too saying I-485 Card Production ordered.

8/27/08 - Mother's I-130/I-485/I-131 mailed to Chicago Lockbox
8/28/08 - Delivered by FedEx to Chicago Lockbox
9/02/08 - Notice dates for all notices
9/04/08 - I-131 online
9/06/08 - Received notices for I-130/I-485/I-131
9/08/08 - Fingerprint appointment letter received
9/20/08 - Fingerprint appointment date
9/22/08 - LUD - I-130 and I-485 Transfered to CSC.
09/30/08 - Received notice that I-485/I-130 transferred to CSC.
10/06/08 - LUD - I-130 and I-485 Transferred and now in CSC
11/06/08 - LUD - I-131 Approved and notice has been sent.
01/12/09 - LUD - I-485.
01/26/09 - LUD - I-130 Approved and Approval Notice mailed.
01/29/09 - LUD - I-485 Card Production ordered.


Congrats!! My parent's 485 was also updated on 1/12 however no news on 130 yet :(

Timeline:
8/14/08: 485,130,131,864,693 sent to Chicago
8/18/08: Receipt date
9/4/08: FP done
10/16/08: Case transferred to CSC
10/23/08: Advance parole approved.
10/24/08: LUD of 485,130
10/31/08: Advance parole received in mail
12/31/08: Info pass appt, was told parents need to be present
1/13/09: Info pass
1/12/09: Both 485 LUD
 
Here are my comments and opinion:

1. If your Mom already has tourist visa then she should not have issue traveling while I 130 is pending. In fact that was the reason why I did not do concurrent filing (130 and 485 at the same time) as my Mom wanted to visit India. Issue comes if you try to apply for tourist visa while I 130 is pending.

2. After getting our I 130 approval, I called up NVC to ask them if I can apply for I 485. As my original plan was for consular processing. They said I could file for I 485 if my Mom was in USA already. Infact she happened to return to USA just 1 week before I 130 approval. NVC also said that they could keep I 130 approval "active" for one year. So I had time to decide to go for 485 or consular.

3. I guess as I mentioned I 130 remains active for one year. But I am not sure at this moment. You can call up the number they provide on I 130 approval notice. When I called up, the rep was very friendly and patient to answer all my questions.

Thanks a lot for your detailed response.
 
After how many days usually checks get cleared?

I was just wondering, on average after how many days after receiving application at Chicago Lockbox, they are depositing/clearing checks?

Thanks,
 
Hi,

In the excellently complied information source for applying for AOS for parents
at the start of this thread,

I notice a requirement for 4 photographs while filing the entire package of I-130, I-485, I-131 & I-765. The ones required are 2 for I-485 and 2 for I765 ( EAD).

However, looking thru the instructions for I-131 ( Advance parole), my understanding is, we need two more photographs for that.

So in total we would need 6 photographs for the package which includes EAD and AP. Am I right.

Please advise.

Thanks for your time.
VRK.
 
Anyone know if currently employed is required in order to sponsor parents of USC?
what happens if USC is recently laid off but have income in 2008 that exceed the minimum requirements.
 
Hi,

In the excellently complied information source for applying for AOS for parents
at the start of this thread,

I notice a requirement for 4 photographs while filing the entire package of I-130, I-485, I-131 & I-765. The ones required are 2 for I-485 and 2 for I765 ( EAD).

However, looking thru the instructions for I-131 ( Advance parole), my understanding is, we need two more photographs for that.

So in total we would need 6 photographs for the package which includes EAD and AP. Am I right.

Please advise.

Thanks for your time.
VRK.

Although I think its not necessary, as they will get photographs when they go for FP, 6 photographs is required.
 
Anyone know if currently employed is required in order to sponsor parents of USC?
what happens if USC is recently laid off but have income in 2008 that exceed the minimum requirements.

I am not attorney, but they may ask you to get joint sponsor. I-864 clearly asks for your currennt income and employment info.
 
Yes. I did 6 too.

Hi,

In the excellently complied information source for applying for AOS for parents
at the start of this thread,

I notice a requirement for 4 photographs while filing the entire package of I-130, I-485, I-131 & I-765. The ones required are 2 for I-485 and 2 for I765 ( EAD).

However, looking thru the instructions for I-131 ( Advance parole), my understanding is, we need two more photographs for that.

So in total we would need 6 photographs for the package which includes EAD and AP. Am I right.

Please advise.

Thanks for your time.
VRK.
 
Anyone know if currently employed is required in order to sponsor parents of USC?
what happens if USC is recently laid off but have income in 2008 that exceed the minimum requirements.

The intention is see that you can support them for next 5 years and one way to determine that is current income being above poverty level for your household size. Now you can get joint sponsor or can show assets. Read the I-864 instructions. Also if one loses job after filing, it may not matter. Best advice ... consult immigration attorney.
 
Mother's Green Card

Hi All,

My mother is currently in U.S and I am planning to apply now for her GC. Since she has 10 year visa and also, it is over 90 days, I went ahead and got her medical examination done. I paid 300$ for the Immigration examination.
My questions are:

1. I am applying I-130 and I-485 concurrently , but not sure, if there are any side effects of doing it this way? So, any comments on that?

2. Where to apply ( mailing address), if we apply concurrently(both 485, and I-130)? I live in PA. I am not finding where to post them?

Please help.

3. Also, what is this VISA NUMBER?? Can someone please let me know.

4. I-130 fees --- 355$ and I-485 (1010 including 80$ biometric fees). Is this the latest fees?

5. Also is it true that we don't need to pay any fees for form(for Advance Parole), if we apply this along with I-485?

6. Also the list of forms that I have so far are: I- 130, I-485, I-864( Affidavit of Support), I-131(advance parole), G-325, and I- 693 form (medical), do I need anything else?? (My mother is not planning on working, so I dont need I-765)

7. Can someone please provide sample cover letter for Advance Parole?

8. Usually how much time it takes before USCIS sends us any kind of notification?

9. Last, but more important, can she stay legally even after I-94 expires (her's actually expires on April 27th 2009, but she has 10 year multiple visa).

Thanks much,
AKapoor
 
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Thanks PleaseTellme why!! I just saw your message, but still could not find the mailing address. :(
Please give me the link to the address.

Thanks again.
Akapoor
 
AKapoor - Please See

I do not see any issues with your case as I have recently gone through similar situation.

My parents came in Feb 2008 (10 yr visa), I got the medical done after a week and filed I-485 in March. I already had I-130 approvals for both and did not file it.

There was an interview and the officer was pretty curteous and did not raise any objections that they converted from Vistor to I-485 and they got approved. He did ask for expired I-94 and kept them (no objections raised).

Once you file I-485 they will be under ADJUSTEE status and can stay legally in the country.

Parents of Citizens are pardoned even if they have stayed illegally in the past while other categories have to file additional forms/waivers.

I am not sure why people in this forum continue worrying about 90 day rule. There is no such documented rule and I have not heard anything getting a denial/notice with intent to deny due to fact that they adjusted in US.

Best of luck!
 
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