Re: I-130 application- Pl help

kashinath

Registered Users (C)
I am filing I-130, Application to sponsor my Parents for GC. I will be selecting the consular option for them.

I will be sending the I-130 with copy of my birth certificate with their names on it, their marriage cert and copy of my Cert of Nationalization. These are the only docs they seem to ask for now.

My friend did the same, but his folks were in the US travelling on a visitors visa at that time, he also filed a I-485 concurrently. With the I-485 , you have to file a I-864 Affidavit of Support. However, if you are going with the consular option, INS does not seem to ask for this document.

My question is should I send the Affidavit of Support with the application to Vermont Service Center, or is this something that my parents should take/will be asked to get when the consulate calls them for the interview?.

Another reason I am asking this is that the I-864 Affidavit of support seems to be valid only for 6 months and needs to be submitted in a sealed envelope as per the INS directions...
 
Kashinath,
Can you please keep us updated with the progress of your case. I am applying for my parents as well. If you could share the process, we all will appreciate it.
Thanks
CD
 
CD:

I am currently researching the process. What I have found out so far is:

1.Send in form I-130 for each parent along with your Birth Cert which should have names of both parents, copy of your Nat Cert and copy of Parents Marriage Cert to VSC or applicable INS.

2. If the CIS approves the petition they will send you a Notice of Approval (I-797) and then they will send the petition to NVC. There is a delay between when you get the Notice of Receipt and the Notice of Approval from CIS and also between when you get the Notice of Approval and when NVC receives the petition. After NVC receives the petition, it will create a case record and assign a case number.

3.If applicant's priority date is current(it always is for parents), NVC will send an Affidavit of Support (I-864 form) processing fee bill to the petitioner and an (DS-3032) form to the applicant.

4.Once the I-864 processing fee is paid, NVC will send the I-864 forms and instructions to the petitioner.

5.Once NVC receives the form DS-3032 from the applicant, NVC will mail the Immigrant Visa (IV) fee bill . Once the IV fee bill is paid, NVC will send the Instruction Packet of forms and information.

6. This includes Application For Immigrant Visa and Alien Registration Forms DS-230 Part I and Part II and list of supporting documents needed at interview. Mail all requested information (DS-230 Part I) to NVC. Do not mail DSC-Part II and supporting documents. These need to be taken to the interview.

7. Once NVC has finished administrative processing, your immigrant visa file will be sent to the United States Embassy or Consulate. You will be notified by mail when this occurs.
Approximately one month before your scheduled interview appointment with a consular officer, you will receive an appointment letter containing the date and time of your visa interview along with instructions for obtaining a medical examination.

8. Documents your parents need to obtain and submit at interview:


Birth certificates
Police certificates
Passports
Deportation papers
Court and prison records
Military records
Marriage certificates
Termination of prior marriages
Translations

This is what I have found out so far with help from JoeF. Seems to be a pretty intense process.

Does any one know if the parents can still travel to the US on their exisiting tourist visas while all this is going on?

Hope this is useful.
 
Originally posted by JoeF
As soon as the I-130 is filed, they have demonstrated immigration intent, and it pretty much becomes impossible to travel to the US on a visitor visa.
But the process is fairly fast (should be < 1 year.)
I wonder why somebody with immigration intent should be denied visitor visas. I think they should be permitted to visit. Are you sure visitor visa will be denied after filing I-130? Is there any documentation that one cannot apply for visitor's visa? Thanks.
 
Re: Tourist visa for I-130

JoeF:

I agree, but what if you already have a 10 yr multiple entry Tourist Visa. In that case, the only document that needs filled out is the I-94 application on the plane.

Or will the officer check the passport during the consular interview for GC and if he/she finds travel dates after I-130 application, make an issue out of it?
 
JoeF

can you apply for consular processing (since it is faster) while the parent is already in the US for a visit. the scenario is:

1) mom visits US on 10-yr multiple entry tourist visa with the intent of going back (which she plans on doing) after 6 months

2) for the purpose of not wasting time for her applicaton, do i have the option of applying via consular processing

thank you.
 
JoeF

i dont think you understood me. the point is NOT to go thru the I-485 process (since it takes too long). i want my mom to go thru CP BUT i want to file the application while she is visiting me in the US. she is planning on coming in July and go back to india in December, so i want to start the process in the US but want her to get her approval via CP in india. is this possible?

Thank you.
 
JoeF

ok, then i have a couple of other questions for you regarding filing a GC application thru CP:

1) if i file for my mom's GC via CP while she is in the US on a tourist visa, does she need to file anything in the US before she can travel back to India (an equivalent of an advance parole?)

2) can i file ALL the paperwork (i.e. affidavit of support, etc.) while she is in the US on a visit or does she physically need to be in India for some of the paperwork

thank you.
 
It does not matter. If she can legally stay that long, she can stay until the interview.

1) so, she can give my US address for all correspondence while she is in the US?

2) don't we need to give an India address for her?

3) if so, won't some of the correspondence be mailed to the India address?

4) do I (as the agent or petitioner) also get all the correspondence that is mailed to her?

thank you.
 
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