Need help - Family based PR for Parents

Another I-864 question

My mom's I-130/485/ 864 etc., is going to be sent to Chicago Lock box. I will be filing 864 for my Dad later, because his will be CP in India.

In the I-864 I'm writing out for my Mom, I entered her information in Part 3. Information on the Immigrant(s) you are sponsoring. Since I'll be filing a separate I-864 for my Dad later, should I still list him as the spouse information in the boxes mentioned below in Section 3. This is confusing because, this eventually determines the number of people in the household size in Section 4.
[Anahit - I'm sorry, still confused.]

If I were to file 2 separate I-864 for each of them at the same time, this wouldn't be so confusing. But since the CP I-864 comes only later for my Dad, I'm not sure what I should put in the section 3 table,

"List any spouse and/or children immigrating with the immgirant named above in this Part:" when I file the (first time) I-864 for my Mom.

Please help :confused:
 
jenimmi said:
At my work, they said they will issue an employment letter only when I tell them specifically, who it should be addressed to and not for "To whom it may concern". For my Mom, I have to file I-864 along with I-485, as she is in the U.S.

Should I ask them at work to address it to just -
U.S. Citizenship and Immigration Services
This should be fine.

does it have to show any address?
Yes, if you can

My Dad's will be CP. So, should I get the empoyment letter, only when the Consulate asks me to, somewhere in the middle of the process a few months down the line - so that the employment letter will show a more recent issued date at that time?


As I'm typing these, I know these questions sound silly, but I'm just being overly careful so as not to end up with an RFE of some sort.
Thanks for your response.
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jenimmi said:
My mom's I-130/485/ 864 etc., is going to be sent to Chicago Lock box. I will be filing 864 for my Dad later, because his will be CP in India.

In the I-864 I'm writing out for my Mom, I entered her information in Part 3. Information on the Immigrant(s) you are sponsoring. Since I'll be filing a separate I-864 for my Dad later, should I still list him as the spouse information in the boxes mentioned below in Section 3.
This is totally my understanding of the I-864 and you should talk to a lawyer or someone from USCIS for a more clear understanding
Since your mom would file for AOS and your dad for CP, they would be considered as two separate applications.
When you file your mom's I-864, you dont mention your father as he is not immigrating together with your mom. Your mom is already here and is adjusting her status, but your dad would be immigrating with an immigrant visa and you are applying separately for him. You would be sending your mom's I-864 first (she would get her A# after her I-485 is received) and then goes your dad's appication after a while.

On your mom;s I-864,
Section 4.B.1: You mention your household size (dont include your mom)
Section 4.B.2: You need to enter 1 as this I-864 is only for your mom.
Section 4.B.3: n/a (as you would be filing your dad's I-864 pretty much later and at this point you havent filed his I-864)

On your dad's I-864
Section 4.B.1: You mention your household size (include your mom as she is already living with you)
Section 4.B.2: You need to enter 1 as this I-864 is only for your dad.
Section 4.B.3: n/a (as your mom already lives with you)
Table 4.B: Enter your mom's information with her A#

Part 3: You leave the table empty for both your mom and dad as they are separate applications

This is confusing because, this eventually determines the number of people in the household size in Section 4.
Just treat the two applications separately. You will get confused if you try clubbing them

[Anahit - I'm sorry, still confused.]

If I were to file 2 separate I-864 for each of them at the same time, this wouldn't be so confusing. But since the CP I-864 comes only later for my Dad, I'm not sure what I should put in the section 3 table,

"List any spouse and/or children immigrating with the immgirant named above in this Part:" when I file the (first time) I-864 for my Mom.
leave the table empty
Please help :confused:
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IAmTiredOfThis said:
Good job all those who participated in this discussion. This thread is almost a primer for anyone sponsoring his/her parent.

Interesting point brought about by Johnny and Mimmi about the "preconcived intent to stay". I scrolled through much of the forum to find any other reference to it and I couldn't. This is definitely a very good piece of information.

On the same subject: my mom has been spending about half her time for the past 5 years in US - legally, ofcourse, she stays till the date on I-94 and returns to India for a few months. Now, when the time comes for me to apply for her citizenship, would the fact that she stayed for something like 3 years out of the last 7 in US on a non-immigrant visa be held against her? Will it raise a red flag?
If she did not overstay her visa, if she entered US legally, there should not be a problem.

Also, regarding the affidavit from your parents instead of a birth certificate I had used such an affidavit for my own GC processing back in 2001. Can I use the same affidavit 5 years later? Can I use it even if one of the two person who signed the affidavit (my father) has passed away since?
You cannot re-use the affidavit from your parents because your mother is now the beneficiary for your immigrant petition for her. You need to get affidavits from someone who has first hand knowledge of your birth and was alteast 10 years old at that time.
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I - 130 - similar Question

Thanks a lot for taking the time out to explain all this, Ari.

Sec.4B in I-864 was quite confusing. That is exactly what I wanted confirmation on :)

-------------------------------------------------------------
A similar question on I-130 Please advise based on the fact that I would be applying for my Mom separately to chicago Lock box and my Dad's to VSC for CP - I would try to file them around the same time.

When I'm filing my Mom's:

Should I enter my Dad's information in Section D.1.
Should I check Yes (or) No to D.2 ?
If I checked "Yes", I can fill in name, place and Date of filing. But what will be the result -- In process?

When I'm filing my Dad's:

Should I enter my Mom's information in Section D.1.
Should I check Yes (or) No to D.2 ?

If I checked "Yes", I can fill in name, place and Date of filing. But what will be the result -- Is it "In process"?
 
jenimmi said:
Thanks a lot for taking the time out to explain all this, Ari.

Sec.4B in I-864 was quite confusing. That is exactly what I wanted confirmation on :)

-------------------------------------------------------------
A similar question on I-130 Please advise based on the fact that I would be applying for my Mom separately to chicago Lock box and my Dad's to VSC for CP - I would try to file them around the same time.

Ummm... im not quite sure about this part, so ill guess what appears logical to me.
When I'm filing my Mom's:

Should I enter my Dad's information in Section D.1.
Yes
Should I check Yes (or) No to D.2 ?
Yes
If I checked "Yes", I can fill in name, place and Date of filing. But what will be the result -- In process?
Result: Submitted

When I'm filing my Dad's:

Should I enter my Mom's information in Section D.1.
Yes
Should I check Yes (or) No to D.2 ?
Yes
If I checked "Yes", I can fill in name, place and Date of filing. But what will be the result -- Is it "In process"?
Result: Submitted

Disclaimer: Ill have to remind you that im not a lawyer, whatever i write is only my interpretation and understanding of how the system works and you should verify this with a real immigration lawyer or an immigration officer.
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Ari -
Re: your disclaimer: I perfectly understand that your responses to queries are based on your knowledge / experience only :)

Really appreciate your response. In most cases, the answers I get from this forum are alongside what I want to fill in those forms. So, it helps to confirm that what I've been thinking of doing is right. Thank you very much for all your help.
 
ari4u said:
Originally Posted by jenimmi
A similar question on I-130 Please advise based on the fact that I would be applying for my Mom separately to chicago Lock box and my Dad's to VSC for CP - I would try to file them around the same time.

Ummm... im not quite sure about this part, so ill guess what appears logical to me.
When I'm filing my Mom's:

Should I enter my Dad's information in Section D.1.
Yes
Should I check Yes (or) No to D.2 ?
Yes
If I checked "Yes", I can fill in name, place and Date of filing. But what will be the result -- In process?
Result: Submitted

When I'm filing my Dad's:

Should I enter my Mom's information in Section D.1.
Yes
Should I check Yes (or) No to D.2 ?
Yes
If I checked "Yes", I can fill in name, place and Date of filing. But what will be the result -- Is it "In process"?
Result: Submitted
Click to expand...
This is what appears logical to me:
When you're filing for your mom you should check YES for D.1 with your dad's info, and NO for D.2 since you have never filed another petition before.
When you're filing for your dad, you should check NO for D.1 since you're not submitting your mom's petition at the same time, and YES for D.2 with your mom's info.
 
Police clearence

Does Police Clearance are required in your case? If so How you are getting those for your mother? I'm in the same situation as you. My MoM is in US on B2 and got her I-130 Approved and I-94 is expiring on Feb 06. I'm trying to apply for I485 with all supporting documents. But i'm not sure whether i need to get PCC(Police clearance letter) is required or not. If required how she can get them if she is in USA. I went to Indian consulate and asked them but they are saying its going to take more than a month to get reference from India. Please let me know if they are required for I-485? if so can we send them later to USCIS?
Thanks
Smallesh
malleshsrinivas@yahoo.com
 
smallesh said:
Does Police Clearance are required in your case? If so How you are getting those for your mother? I'm in the same situation as you. My MoM is in US on B2 and got her I-130 Approved and I-94 is expiring on Feb 06. I'm trying to apply for I485 with all supporting documents. But i'm not sure whether i need to get PCC(Police clearance letter) is required or not. If required how she can get them if she is in USA. I went to Indian consulate and asked them but they are saying its going to take more than a month to get reference from India. Please let me know if they are required for I-485? if so can we send them later to USCIS?
Thanks
Smallesh
malleshsrinivas@yahoo.com
Click to expand...
If you are applying for AOS , you do not need the Police Clearance Cert from India. It is only for the CP candidates
 
I applied for I_485 for my mother today. I put a money order for filing fee as $385 instead of $395 by mistake. What is going to happen? IS there anyway i can send the correct fee before this application get returned? Please help.
thanks
 
smallesh said:
I applied for I_485 for my mother today. I put a money order for filing fee as $385 instead of $395 by mistake. What is going to happen? IS there anyway i can send the correct fee before this application get returned? Please help.
thanks
Click to expand...
They won't return your application. Rather they would ask you to pay the difference. Don't worry!
 
Photo question

I already filed I-130, 485 package for a parent. With the I-485 and I-131, I attached 2 pics with each of the forms. Nowhere did I see that the petitioner's pictures need to be sent. But I read in another thread, that the petitioner need to submit their 2 pics with the I-130, when filing for a parent. I don't recall reading this in the instructions. Can someone please clarify?

I believe no pictures need to be sent (either of the petitioner or the beneficiary) when filing I-130 only (eventually will be CP). Please confirm. Thanks.
 
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