Need Urgent Advise please

S

sidr

Registered Users (C)
Hi All,

I am a Citizen and I want to sponsor GC for my mother. She came here on Visitor Visa. I have not been in the immigration forums quiet some time and look like everything is changed. Please clarify some questions for me.

1. How many forms do I need to submit ? I-130 alone or should I submit I-485 ?
2. My mom does not have a date of birth certificate. Will there be an RFE on this ? If an RFE is raised what to do ?
3. If an RFE is raised after applying can she go back to India and bring back the Birth Certificate ? Does she require an Advance Parole to travel ? How much time AP take ? (I don't even know if AP is still a valid process that is in use today).

4. Can I go with consular processing for my mother while she is in India ? How is it different and how long does it take for that process ? What is the downside of it. What will happen to her current B1 Visa.
 
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1. Both I-130 and I-485 together if you want her to do it while in the US.
2. A birth certificate is required initial evidence for I-485. She needs it. She can ask a relative in India to get it for her if it is available. If a birth certificate does not exist at all, it may be replaced with a certificate of non-availability or affidavits from parents, etc. as appropriate. This page contains what documents are acceptable for each country. Other people on this forum may be more familiar with Indian issues.
3. No. She cannot leave while AOS is pending without AP, or she will automatically abandon AOS. And I'm not sure she will even get AP if she is missing required initial evidence.
 
My mom was unable to stay for 6 months due to personal constraints. So, I decided to go with consular processing. Can you please suggest me a good link to get an overview of the process and the documents to be supplied.

I will apply for my mom's DOB certificate and mostly likely get a Non Availability Certificate.
After that, who is eligible to give an affidavit ?
Also, I don't think I have my mother's marriage invitation card any proof of her marriage. Will I be asked for the last name change proof ?
What other documents will be required ? Especially my mom does not have any education. so, in my view, DOB certificate, Marriage Proof and proof of my relation to my mother are all that is required.

BTW, since US consulate already issued Visitor Visa for my mother 2 or 3 times, do I have to really prove that she is my mother ?
Also, I have lot of family pictures from my childhood. Will they be of any use ?
 
Thank you 1AurCitizen. Can someone please advise on the other questions. My mom is 72 years old. Who can give an affidavit ? There should be someone at least 10 to 15 years older to give the affidavit right ? So, apart from DOB non Availability what else will be required ? She has PAN card and AADHAR card with her DOB. For you convenience, I pasting my previous questions here. I am still not decided on Consular Processing. Because if they ask any RFE, how can she respond ? Will the RFE come to me in US or will go her in India ?
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My mom was unable to stay for 6 months due to personal constraints. So, I decided to go with consular processing. Can you please suggest me a good link to get an overview of the process and the documents to be supplied.

I will apply for my mom's DOB certificate and mostly likely get a Non Availability Certificate.
After that, who is eligible to give an affidavit ?
Also, I don't think I have my mother's marriage invitation card any proof of her marriage. Will I be asked for the last name change proof ?
What other documents will be required ? Especially my mom does not have any education. so, in my view, DOB certificate, Marriage Proof and proof of my relation to my mother are all that is required.
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