One more affidavit, I-94 with officer, travel plans???

[ssampy]

My father had his GC interview today. We went there before time and were called before time. The officer was very friendly and patient with my father, explained the questions, basically went through the questions in 485. Since my dad is the oldest of his siblings, he only had one affidavit from his aunt and one affidavit for marriage certificate. We had the non availability also. I showed his marriage album (from the 70's), she said she sees many wedding pictures but nothing like this! I explained to her to how difficult it is to find relatives who are older than him to get the affidavit. She said she has to run it by her boss before getting back. She said her review might be questioned if she approves without the second affidavit. She said she'll get back to me by mail.

My question is to get the notarized affidavit my dad has to go to India, he has some urgent work there too. Is it possible for him to leave the country, get the affidavit, mail it to me, I mail to the USCIS (she has clearly stated that he need not come back), get the card and send it to him in India? Will he need the I-94 to leave the country? We are caught up in a Catch 22 situation here.

Any help would be appreciated.

SSampy

 

[ssampy]

And one more thing, why would they wait till interview date to ask for these documents? Could they not have sent an RFE??

 

[Jackolantern]

Did he overstay before filing the I-485? Does he have an approved Advance Parole?

 

[Jackolantern]

And one more thing, why would they wait till interview date to ask for these documents? Could they not have sent an RFE??

Sometimes they don't do a detailed review of the documents before the interview, then the interviewer realizes that something is missing. And sometimes it is after the interview when they realize that another document is needed.

 

[ssampy]

No, he did not overstay before 485. I did not apply for Advanced Parole thinking he might get his GC soon. Looked like she had made some notes about the documents. He had his school leaving certificate with his name, father's name and date of birth issued by government. Since i did not get any RFE's I was assuming that those documents were sufficient. You are right, they look for documents AFTER the interview.. Wish they had taken a look earlier, would have saved so much time and tension now.

 

[bigbull99]

No, he did not overstay before 485. I did not apply for Advanced Parole thinking he might get his GC soon. Looked like she had made some notes about the documents. He had his school leaving certificate with his name, father's name and date of birth issued by government. Since i did not get any RFE's I was assuming that those documents were sufficient. You are right, they look for documents AFTER the interview.. Wish they had taken a look earlier, would have saved so much time and tension now.

what about the rashen card? it should have his DOB and his wifes name in it. You can use it as secoundary evidence.

 

[ssampy]

I think she is convinced with the photo album for marriage affidavits, it's the birth affidavit that was bothering her.. How soon do you get reply/letter in such cases?

 

[bigbull99]

I think she is convinced with the photo album for marriage affidavits, it's the birth affidavit that was bothering her.. How soon do you get reply/letter in such cases?

I am not advising you for the marriage part. If you dont have a DOB, It is required that you submit the following documents:
1. Non Availability of Birth certificate,
2. 2 Affidavits from people older to the person , It is better if the affidavits were given atleast 3yrs back dated, USCIS does not preffer documents made with resent dated.
3. Government issued ID showing the DOB- Passport, Rashen card (House hold card)
4.Voter registration card
If you have these documents you should be safe.
But any ways hopfully the IO will approve his cae. Good Luck

 

[bigbull99]

My father had his GC interview today. We went there before time and were called before time. The officer was very friendly and patient with my father, explained the questions, basically went through the questions in 485. Since my dad is the oldest of his siblings, he only had one affidavit from his aunt and one affidavit for marriage certificate. We had the non availability also. I showed his marriage album (from the 70's), she said she sees many wedding pictures but nothing like this! I explained to her to how difficult it is to find relatives who are older than him to get the affidavit. She said she has to run it by her boss before getting back. She said her review might be questioned if she approves without the second affidavit. She said she'll get back to me by mail.

My question is to get the notarized affidavit my dad has to go to India, he has some urgent work there too. Is it possible for him to leave the country, get the affidavit, mail it to me, I mail to the USCIS (she has clearly stated that he need not come back), get the card and send it to him in India? Will he need the I-94 to leave the country? We are caught up in a Catch 22 situation here.

Any help would be appreciated.

SSampy

With out AP, he can leave usa and go to india, but he will not be able to come back, abd the entire application for his GC will be concederd abandoned. do not do it. Keep checking the online ststus he should be having an up date any time. He has to wait till the decession is made.

 

[Jackolantern]

With out AP, he can leave usa and go to india, but he will not be able to come back, abd the entire application for his GC will be concederd abandoned. do not do it.

Leaving the US without AP would cause his I-485 to be cancelled* for abandonment, but the entire GC process wouldn't be considered abandoned; the I-130 would still be alive and it can be switched to consular processing.


*unless he has a visa that allows exiting and reentering the US without AP during the I-485 process, like H1B or L1

 

[bigbull99]

Leaving the US without AP would cause his I-485 to be cancelled* for abandonment, but the entire GC process wouldn't be considered abandoned; the I-130 would still be alive and it can be switched to consular processing.


*unless he has a visa that allows exiting and reentering the US without AP during the I-485 process, like H1B or L1

I thought I 130 and I 485 will be approved at the interview. In this case the IO did not tell them if she has approved any of the two forms. So what is the status of I 130?
As per the posters notes, she told them she will notify them about the decession in the mail. So , I am guessing that neither of the two forms are approved at this point. Do you think my guess is wrong?

 

[Jackolantern]

I thought I 130 and I 485 will be approved at the interview. In this case the IO did not tell them if she has approved any of the two forms. So what is the status of I 130?
As per the posters notes, she told them she will notify them about the decession in the mail. So , I am guessing that neither of the two forms are approved at this point. Do you think my guess is wrong?

Yes, apparently the I-130 wasn't approved yet. But if the OP's father left the US without AP and the I-485 got cancelled for abandonment, the I-130 would still be pending, and it got to the interview stage so its approval should happen soon. Then once it's approved, filing I-824 would get it transferred to the consulate for CP.

 

[ssampy]

I am not advising you for the marriage part. If you dont have a DOB, It is required that you submit the following documents:
1. Non Availability of Birth certificate,
2. 2 Affidavits from people older to the person , It is better if the affidavits were given atleast 3yrs back dated, USCIS does not preffer documents made with resent dated.
3. Government issued ID showing the DOB- Passport, Rashen card (House hold card)
4.Voter registration card
If you have these documents you should be safe.
But any ways hopfully the IO will approve his cae. Good Luck

Thanks for the luck! In the documents you have listed, we had submitted Non Availability, 1 affidavit and copy of his Secondary School Leaving Certificate (SSLC) with his date of birth and his father's name. But the Officer said that it does not list his mother's name. I did check a copy of the ration card it does not list mother's name. We took his Passport along, she was insisting on the 2nd affidavit. In ration card, voter registration etc for a man his father's name is listed, for a woman her husband's name is what is required. Sadly, mother's name does not feature any where

 

[ssampy]

Yes, apparently the I-130 wasn't approved yet. But if the OP's father left the US without AP and the I-485 got cancelled for abandonment, the I-130 would still be pending, and it got to the interview stage so its approval should happen soon. Then once it's approved, filing I-824 would get it transferred to the consulate for CP.

Yes, I keep checking hte status, I-130 has NOT been approved yet. I sent a i-824 with this application. Can I send another one now with the same info and convert it into CP?

 

[ssampy]

I thought I 130 and I 485 will be approved at the interview. In this case the IO did not tell them if she has approved any of the two forms. So what is the status of I 130?
As per the posters notes, she told them she will notify them about the decession in the mail. So , I am guessing that neither of the two forms are approved at this point. Do you think my guess is wrong?

Your guess is right, both the forms are in the same status as before. 485 - Testing and 130 - Initial Review.

 

[ssampy]

Leaving the US without AP would cause his I-485 to be cancelled* for abandonment, but the entire GC process wouldn't be considered abandoned; the I-130 would still be alive and it can be switched to consular processing.


*unless he has a visa that allows exiting and reentering the US without AP during the I-485 process, like H1B or L1

Does B1 fall under that category?? He has the visa till 2015.

 

[bigbull99]

Does B1 fall under that category?? He has the visa till 2015.

No , B1 does not fall under that category. well did the IO teel you how long will it take for you hear from her back?
technically, when you applide for I 130 and 485, you dad's B1 is concereded cancelled. There are very good chances the Officer at the port of entery will find out if he tries to re enter with the B1. Tell him to hang on for few more days,so that he will atleast know what stage his application is in.
Since they did not ask you for additional documnets, or sent youa RFE, i dont think they will denie you application. they might ask you for additional documents,

 

[ssampy]

No , B1 does not fall under that category. well did the IO teel you how long will it take for you hear from her back?
technically, when you applide for I 130 and 485, you dad's B1 is concereded cancelled. There are very good chances the Officer at the port of entery will find out if he tries to re enter with the B1. Tell him to hang on for few more days,so that he will atleast know what stage his application is in.
Since they did not ask you for additional documnets, or sent youa RFE, i dont think they will denie you application. they might ask you for additional documents,

that's what is confusing me, the status has not changed to RFE. The IO said give me a chance to run it by my boss and lets see what he says. And if they require additional documents,she will contact me by mail and i have 87 days to send her the documents.

 

[Jackolantern]

There are very good chances the Officer at the port of entery will find out if he tries to re enter with the B1.

And even if the officer lets him enter the US with the B1/B2 visa, the I-485 adjudicators will realize he reentered the US with a B1/B2 instead of AP and would deny the I-485.

 

[Jackolantern]

that's what is confusing me, the status has not changed to RFE.

Sometimes they send an RFE without updating the status. And it might still be awaiting supervisor review before they decide whether to send an RFE or approve the case. It's common for supervisor review to take a couple of months.