Need help - Family based PR for Parents

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jenimmi

Registered Users (C)
I am a U.S. Citizen and want to sponsor my parents. My Mom's currently in the U.S. She came on visitor visa and her I-94 expires in Feb'06. My Dad is abroad in his home country. I want to sponsor both of them. Can someone please tell me if I have left out some forms below? I am very confused at this time and your help is very much appreciated.I have to do it soon before my mom's I-94 expires in Feb.

For My mother living in the U.S.

Form I-130
Form I-485
Form G-325A
Form I-864
Form I-693

Did I miss any other form here?

Can I file all of these together, in one envelope? CIS website says send all of these to a P.O.Box address in Chicago? Is this how everyone is filing for their parents? I thought it had to go to VSC.

G-325A Biographic information is confusing. In this form, who is the applicant? Is it my information or my mother's?

I-864 - I recently read that only one year's tax return need to be filed from the sponsor (not 3 years as before). Even though I am employed, my husband and I always file joint tax returns. Is the joint tax returns filed this past April'05 good enough? OR do I need to send my W-2s for last year? Please clarify.

I-693 the medical form, does it have to be filed with the whole bunch? I live in NJ, but my mom is currently with my relative in another state in U.S. I have to bring my mom over to NJ to get the I-693 tests done, but cannot do so until Feb due to some family reasons. Can I wait until Feb to get this medical tests done? In other words, can she legally stay here past the date on I-94 (Feb in her case), even though I-485 is not sent (due to lack of medical records needed for I-485, I-693). Please help.

I've read sometime ago in another thread, that I don't need to extend my mom's stay (I-94), as long as I have the I-130 (OR) I-485 receipt date from INS before her I-94 expires. Which one's Receipt Date are we talking about - I 485 or I 130 (for her not to extend her I-94 )?


For my father living abroad

Is it only Form I-130 that I need to file from here?
Should I mail to him, form I-864 which I assume he will need if he is called for an interview in the U.S. Consulate abroad?
Don't I have to file G-325A for him?
Will he be asked by the Consulate abroad to fulfill those medical tests in Form I-693? i.e. Will he be notified by them?

Am I missing some things here? I am totally lost. Filing for Citizenship earlier this year was so much simpler. Thanks for your help.
 
Last edited by a moderator:
jenimmi said:
I am a U.S. Citizen and want to sponsor my parents. My Mom's currently in the U.S. She came on visitor visa and her I-94 expires in Feb'06. My Dad is abroad in his home country. I want to sponsor both of them. Can someone please tell me if I have left out some forms below? I am very confused at this time and your help is very much appreciated.I have to do it soon before my mom's I-94 expires in Feb.

For My mother living in the U.S.

Form I-130
Form I-485
Form G-325A
Form I-864
Form I-693

Did I miss any other form here?
No. You are good

Can I file all of these together, in one envelope? CIS website says send all of these to a P.O.Box address in Chicago? Is this how everyone is filing for their parents? I thought it had to go to VSC.
All family based applications should be sent to the chicago lock box as a single package

G-325A Biographic information is confusing. In this form, who is the applicant? Is it my information or my mother's?
You file one set of G-325A for I-130
Your mother files one set of G-325A for the I-485

I-864 - I recently read that only one year's tax return need to be filed from the sponsor (not 3 years as before). Even though I am employed, my husband and I always file joint tax returns. Is the joint tax returns filed this past April'05 good enough? OR do I need to send my W-2s for last year? Please clarify.
If you have the tax returns from the past three years and you meet the minimum income requirement, it is advisable to send all of them with you application. (As far as i know) USCIS has not updated its website or instructions with this new change, so its better not to take chances.

I-693 the medical form, does it have to be filed with the whole bunch?
Yes, failing which you can definitely expect an RFE which would delay your case

I live in NJ, but my mom is currently with my relative in another state in U.S. I have to bring my mom over to NJ to get the I-693 tests done, but cannot do so until Feb due to some family reasons. Can I wait until Feb to get this medical tests done?
Your mother can get her medical test done by a USCIS approved civil surgeon close to where she is staying right now. She does not have to come to NJ for this. She could mail you the I-693 envelope after she is done.

In other words, can she legally stay here past the date on I-94 (Feb in her case), even though I-485 is not sent (due to lack of medical records needed for I-485, I-693). Please help.
If your mother does not apply for I-485 and her I-94 expires, she would start accuring illegal presence and unlawful status. Though immediate relatives of a USC are forgiven for illegal stay, it might pose a problem later travelling using AP.

I've read sometime ago in another thread, that I don't need to extend my mom's stay (I-94), as long as I have the I-130 (OR) I-485 receipt date from INS before her I-94 expires. Which one's Receipt Date are we talking about - I 485 or I 130 (for her not to extend her I-94 )?
I-485.


For my father living abroad

Is it only Form I-130 that I need to file from here?
Yes
Should I mail to him, form I-864 which I assume he will need if he is called for an interview in the U.S. Consulate abroad?
Yes
Don't I have to file G-325A for him?
Yes
Will he be asked by the Consulate abroad to fulfill those medical tests in Form I-693? i.e. Will he be notified by them?
The consulate would notify him as to what needs to be done


Am I missing some things here? I am totally lost. Filing for Citizenship earlier this year was so much simpler. Thanks for your help.
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I was under the impression that if you're filing for a parent only one set of G-325A needs to be filied with their I-485. I thought that sponsors only need to file G-325A with I-130 if they are filing for a spouse. Am I completely wrong?
 
Mimmi said:
I was under the impression that if you're filing for a parent only one set of G-325A needs to be filied with their I-485. I thought that sponsors only need to file G-325A with I-130 if they are filing for a spouse. Am I completely wrong?
Click to expand...

Apologies for the incorrect information. I re-read the instructions for I-130; You are right, G-325A needs to be submitted with I-130 only when applying for spouse.
 
Plus when your mother sent her medical remember that DO NOT open the envelope sealed by the civil surgeon. She can send the medical inside another envelope so there are no other stamps or whatever things that can damage the envelope from outside conditions.
Good luck,
 
What if Sponsor's Birth Certificate is not available

Thanks very much ari4u, Mimmi and Cherr.

I have a question regarding Birth Certificate. When I file I 130 for my mother (who is in U.S) and for my father (who is abroad), I would have to file my Birth Certificate (IS it a copy or original) which shows my name, father's name and mother's name right?

But even when I-485 was filed for me many years ago when I tried to get PR, as my Birth certificate was not available then, my parents affidavit stating that I was born on xxx date in xxx place was filed, in the absence of my birth certificate.
So, I don't know what I should do now - to show my Birth certificate when I file I-130 / I-485 for my parents? Did anyone face a similar problem? What's the alternative left in this scenario? Please provide some info.
 
jenimmi said:
Thanks very much ari4u, Mimmi and Cherr.

I have a question regarding Birth Certificate. When I file I 130 for my mother (who is in U.S) and for my father (who is abroad), I would have to file my Birth Certificate (IS it a copy or original) which shows my name, father's name and mother's name right?

But even when I-485 was filed for me many years ago when I tried to get PR, as my Birth certificate was not available then, my parents affidavit stating that I was born on xxx date in xxx place was filed, in the absence of my birth certificate.
So, I don't know what I should do now - to show my Birth certificate when I file I-130 / I-485 for my parents? Did anyone face a similar problem? What's the alternative left in this scenario? Please provide some info.
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You should get affidavits again, but this time you cant get it from your parents because they are the beneficiaries of your immigrant petition.
 
Thanks Ari once again.

The problem that I had with my Birth Certificate when I filed I-485 for myself several years ago was, my name was left blank in the BC. Only my mother's first name (which was mis-spelt), my father's first name, my Date of Birth and gender was mentioned in the BC - but at least it was all in English :) That was the reason, I think the affidavits were obtained from my parents when I filed I-485 back then.

I just called my Dad and he said he can actually get a Birth Certificate for me with my name written on it, and my Parents' full name properly spelt this time from the Municipality. This BC will show a recent "Issued On xxx Date" but all other information should be correct. Can I use this when I file for them this time? Or is INS going to start suspecting its validity/ genuinity, because I didn't submit this when I filed I -485 for myself?

I don't mind going with the affidavits option from some other relatives, instead of my BC, but the problem is where is INS going to find the connection/relationship between myself and my Parents if I filed such an affidavit? Because my affidavit from let's say my Uncle and Aunt will only state that they know that I was born on xxx date and xxx place. Can you please clarify?

I know this question is asked for several times but please help -
Are there any advantages / disadvantages this way or that between bringing parents here on I-485 and starting the petitioning process;
Or doing Consular processing in India?

Which one's less expensive
Which one's faster?

Thanks.
 
Another question on Parents' Birth Certificate

Anyone with any knowledge on this, please respond.

Currently my parents' do not have their BC - they were born in the '40s and '50s in India. But my Dad says he can try to get their Birth certificates issued by the respective Municipality now. The "issued Date" on this will be very recent. Is this okay/ legitimate with U.S. immigration?

If not B.C, from how many people should they get their affidavits - 1 or 2? Is there a specification as to how many years these people should be older than my parents? The problem is that - for my Dad most of his relatives that are older than him are not alive.

Also in case of affidavits, is the Non-availability Certificate from Municipality a "have-to" requirement? or the affidvaits alone are good enough? Thanks for you input.
 
jenimmi,
I won't be able to answer all of your Qs but let me try as much as I can.
If your dad is saying that he can get a Birth Certificate then that is the best thing to do. Its ok if it has current date as issue date. Peole can loose it get it re-issued.
If you get an affidavite from your uncle, he can write that you born on so and so date and your parents' name is so and so. This will fullfil all your needs.
 
Thank you and more questions - Sorry :(

Thanks Amishah.
Questions for you hoping that the timeline in your signature is for Family based GC.

Does everyone who's petitioned by a relative, have to go for an interview before they get approved for GC? Is this like CZ interview? Will they be asked questions? For my mom, if she's called for an interview (anyway, that will take a long time) since she doesn't speak English very well, will I be allowed to go to the Interview with her? Is this when they get the GC? I don't remember what happened when I got my GC, it was a long time ago and also it was not family based. So, I'm not clear.

I saw that AP was approved for you, quite soon in the process. Does this also mean that AOS was approved - or only Advance Parole was approved?
 
jenimmi said:
Thanks Amishah.
Questions for you hoping that the timeline in your signature is for Family based GC.

Does everyone who's petitioned by a relative, have to go for an interview before they get approved for GC? Is this like CZ interview? Will they be asked questions? For my mom, if she's called for an interview (anyway, that will take a long time) since she doesn't speak English very well, will I be allowed to go to the Interview with her? Is this when they get the GC? I don't remember what happened when I got my GC, it was a long time ago and also it was not family based. So, I'm not clear.

I saw that AP was approved for you, quite soon in the process. Does this also mean that AOS was approved - or only Advance Parole was approved?
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I am not sure if she will have to go through interview or not. Probably you two will have to. Check about it with someone else. In my case, I am sponsoring my husband. Interview happens at the end when they give final decision on your case. You get GC a couple of weeks after that. I have seen many parents came on family based and doesn't know how to speak English. So your mother should be fine. Approved AP doesn't mean my AOS is approved. AP is a travel permit while your GC is in process. They will make a decision on my case when we will go for an interview which is on 24th Jan.
 
Thank you, Amishah. Good luck to you and your husband with your interview.

If my mother's AP gets approved a few months down the line, then I think she can travel abroad to visit my father. Is there any restriction on how many months she can stay outside the U.S on AP? If she stays abroad for a longer period in AP, is there any downside to it?
 
jenimmi said:
Thank you, Amishah. Good luck to you and your husband with your interview.

If my mother's AP gets approved a few months down the line, then I think she can travel abroad to visit my father. Is there any restriction on how many months she can stay outside the U.S on AP? If she stays abroad for a longer period in AP, is there any downside to it?
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If you file for her GC before her I 94 expires, yes she can also apply for AP at the same time. She can travel with AP. AP is valid for a year. She can stay outside the US as much as her AP is valid for. she will have to come back before it expires. Only thing is she should not miss her interview (if she is going to have one). Which can be any time after you file for her GC. Check out the timeline for your DO.
 
Thanks again, Amishah. People like you are so wonderful, that you are helping us with your experience and knowledge. I do want to appreciate your quick response.

My Mom's will be Newark DO and I saw that thread - no updates since early Dec - but it seems like 6 months to 1 year from Receipt Date to Interview in NJ. I would definitely file AP application along with the I-130, I-485 bunch for my Mom. Once her AP gets approved, I would like her to visit my father for at least 2 to 3 months, as long as that is legally permitted to do so by CIS. I'll bring her back right away, if I get any word on her interview.

So, I wanted to make sure that it will not be a problem in her interview (if she has one) if she has travelled on AP during the process for extended period like 3 months or so i.e. within her AP expiration date. And also if there is no requirement that she should have stayed within the U.S. for "xx" number of days since her filing date till interview?
 
amishah said:
She can travel with AP. AP is valid for a year. She can stay outside the US as much as her AP is valid for. she will have to come back before it expires. .
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When I was issued an AP at my local NY office, the officer told me that I can not stay out of the country more than 3 months at any one time.
 
sheracar said:
When I was issued an AP at my local NY office, the officer told me that I can not stay out of the country more than 3 months at any one time.
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That is so good to know. I have never knew/heard about it. It doesn't say anything even on I 131 or AP itself. Good we are back in 6 weeks.
 
jenimmi said:
Thanks again, Amishah. People like you are so wonderful, that you are helping us with your experience and knowledge. I do want to appreciate your quick response.

My Mom's will be Newark DO and I saw that thread - no updates since early Dec - but it seems like 6 months to 1 year from Receipt Date to Interview in NJ. I would definitely file AP application along with the I-130, I-485 bunch for my Mom. Once her AP gets approved, I would like her to visit my father for at least 2 to 3 months, as long as that is legally permitted to do so by CIS. I'll bring her back right away, if I get any word on her interview.

So, I wanted to make sure that it will not be a problem in her interview (if she has one) if she has travelled on AP during the process for extended period like 3 months or so i.e. within her AP expiration date. And also if there is no requirement that she should have stayed within the U.S. for "xx" number of days since her filing date till interview?
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Thanks jenimmi.
I have learned a lot from this forum. I was not going to file without a lawyer before I came to know about this forum. So I am just trying to give back as much as I can.
 
jenimmi said:
I have a question regarding Birth Certificate. When I file I 130 for my mother (who is in U.S) and for my father (who is abroad), I would have to file my Birth Certificate (IS it a copy or original) which shows my name, father's name and mother's name right?
Click to expand...

Yes, you DO need to submit YOUR birth certificate along with I-130 for your parents. I-130 is a petition to prove a relationship between petitioner and beneficary. So obviously, birth certificate is the ONLY way/method/option/proof you could provide to prove a relationship in your case, unlike a marriage case wherein people need a marriage certificate instead.
 
jenimmi said:
when I-485 was filed for me many years ago when I tried to get PR, as my Birth certificate was not available then, my parents affidavit stating that I was born on xxx date in xxx place was filed, in the absence of my birth certificate.

So, I don't know what I should do now - to show my Birth certificate when I file I-130 / I-485 for my parents? Did anyone face a similar problem? What's the alternative left in this scenario? Please provide some info.
Click to expand...


If a birth certificate is not available then a notarized affidavit from parent(s) or someone else who knew about birth is acceptable. Thus, INS accepted an affidavit from your parents in your case when you applied for a green card in the past.

Secondly, YOUR birth certificate is needed for ONLY I-130 for your parents, and not for their I-485/DS-230. Your parents' birth certificate would be required to adjust their status whether thru I-485 in the US or thru DS-230 in abroad.

Thirdly, if you don't have YOUR birth certificate for I-130 for your parents, then you would need to submit notarized affidavits from people who know your relationship with your parents. Of course, it could not be from you and from your parents. In addition, you need to submit more evidences to prove the relationship with them, such as any document wherein your name indicates as their daughter or their names indicate as your parents. It could any document.

Fourth, this is not a unusual situation; rather many people face this problem. However, you should have tried to obtain your Birth Certificate a long before. In India, people can register their birth even late.
 
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