Thursday, January 21, 2010

How to apply for greencard for visting parents as a US citizen

NOTE: NO PERSONAL COMMUNICATION. PLEASE POST YOUR QUESTIONS ON BLOG.

I-693 (after 90 days of stay of parents in US)

Got both Medical Examination by a INS approved doctor in the vicinity.

==================
I-130 (1 application form for each parent & 1 copy of all the documents - hence total of 2 applications + docs)

Copy of Parent Birth Certificate
Copy of Parent Marriage Certificate
Fees for each parent ($355 right now going on)
Copy of My Naturalization/Citizen Certificate
Copy of Parent I-94 card - both sides
Copy of parent old or new passport (include all non blank pages)
Copy of My U.S. Passport

==================
I-485 (1 application form for each parent & 1 copy of all the documents - hence total of 2 applications + docs)

Check Latest Fees. Fees for each parent.
Copy of My Naturalization/Citizen Certificate.
Make sure you write the visa number correctly in the application form. It's on visitor visa stamp in passport.
2 Color photos of each parent write the name on the back with a pencil
Copy of My Passport
Copy of my Birth Certificate
Copy of Parent Birth Certificate
Copy of Parent Marriage Certificate
Copy of Parent I-94 card - both sides
Copy of Parent old & new passport with all non blank pages
Parent Medical Exam - I 693
G - 325,I - 130, I 864
Copy of siblings Green Card if you have any present in U.S.

==================
I-864 Affidavit of Support (1 application form for each parent & 1 copy of all the documents - hence total of 2 applications + docs)

Copy of I130
Copy of My Pay Stub for last 6 months
Copy of My Employment Certificate
Copy of My Birth Certificate
Copy of My Passport
Copy of My Naturalization/Citizen Certificate
Last Three years tax return (got to near by IRS office to get copy if you don't have)
Copy of last 2 years W2's
Copy of last 2 months bank statements
Copy of Assets - Copy of my 401K, Copy of My ETrade and Copy of My Home Equity Papers. It is optional to declare it if you are above poverty line as mention in form I-864P.
My wages are above the poverty line so I did not have to fill out family support documents.
There is no fee for this application :-)
==========================
I-131 OPTIONAL (Not required to file unless your parent want to travel outside US while I-485 is pending)

I-131 Advance Parole (1 application form for each parent & 1 copy of all the documents - hence total of 2 applications + docs)

I filed this with 485 application so No Fees :)
Letter for each parent as to why they need to leave the country on advance parole.
Copy of Parent I-94 card - both sides
Copy of parent old & new passport
2 Color photos of each parent - write the name on the back with a pencil
==========================

G-325 (1 application form for each parent hence total of 2 applications)

No Fee
No document need to be attached.

==================================

INTERVIEW QUESTIONS: (happen in 2010)

Relax they will only ask you question related to your case. Mostly name change, birth or marriage certificates translated but not very clear. They want to see the original that's it.. unless you are hiding something...

1. oath
2. show passport and citizen certificate
3. why you did not apply together -130 / 485 (applied separately not knowing we can do it together..no problem here)
4. original birth certificate
5. name change supporting documents
6. explain in India most of the time name is different during naming ceremony but change to real name and it is consistent till date.
7. I-94 taken
8. did you help someone to enter illegal in US - NO
9. fraudulent = illegal - NO
10. show birth certificate of petitioner
11. how many children
12. birth date of petitioner

==========================================

END RESULT: Green Card application approved.

Special Thanks to Alok Patel's original blog.

============================================

Path to Citizenship:

Simple process if you are applying after staying in US for 5 years on green card (please check if you are eligible on USCIS website)

1. Form N-400

2. Filing fee check in the amount of $680.

3. Two passport photos.

4. Copies of applicant's Permanent Resident card.

After you send your application to USCIS

1. They call for fingerprinting.

2. Interview in person.

3. Oath ceremony

You are done with citizenship process.

==============================================



ABOVE INFORMATION IS TO HELP OTHERS. I AM NOT LAWYER OR TAKING ANY RESPONSIBILITY OF ADVICE POSTED.

485 comments:

1 – 200 of 485   Newer›   Newest»
Shyla said...

Could you please tell me if i file I-130 and I 485 concurrently then there is no need to file for B2 extension? My arrived in US on sept7th 2009. I am trying to file for Green card this on Friday Feb19th 2010. Her 6 months visitor visa will expire on
Mar6th 2010. Please advise. Also my brother lives in Jacksonville, FL who is filing for her. But my mother lives with me in Michigan and the address we are mentioning on the form is the Michigan address and some one had mentioned to me that it has to filed in the state where she lives even though my brother is sponsoring .

I just posted a question regarding the GC process for my mom. Since my brother is sponsoring, should i also file I 864 since she is residing with me? Please advice ASAP as i will have to file this weekend

Nehul said...

1. If you are filing both I-130/485 before B2 visa expire she can stay in US till USCIS make decision (mostly they approve unless you make obvious mistake in paper work or interview).

2. If your brother is filing and sponsoring her GC it is better to write his address. USCIS might ask why she is staying with you, when your brother is sponsoring? If she say I like to stay with my daughter then officer might ask you to file for her GC. I am not sure you are citizen or not.

3. Also avoid mentioning your address on form since you are not in picture directly. In any event you can always say she was visiting you, which is not wrong or problem in GC processing. I mean people do visit various places in US while they are process their GC application.

4. I-864 form is for sponsorship. You can't file it if you are not US citizen. You can be joint sponsor-or with your brother but you have to be citizen.

5. Your brother will file I-864. If you are citizen & interested in becoming joint sponsor-or please read I-864 instruction pdf for requirement.

I will avoid if your brother has proper income and bank balance to show.

Shyla said...

Nehul,

Thank you very much for answering my questions. I am also a citizen for the last 5 years. Why i had decided to put my address on I-485 was when i contacted the immigration lawyer he had told me that i have to file the immigration papers in the state where my mom resides. Then i mentioned to the lawyer that my brother lives in Jacksonville and he is the one sponsoring my mom. He said he can sponsor from a different state but he will have to come here to do the DNA test as he has to prove that he is the son of my mom.

Secondly, since i am a citizen i can also sponsor my mom and i own a business (travel agency) and i draw a very minimal salary of $250 just to be on the payroll. My husband works as an engineer and can he sponsor?. He is also a citizen. Please adivce.

Nehul said...

1. No your husband can't sponsor your parents. It has to be you or your brother.

2. You can sponsor your mother and add your husband into I-864 to show total household income above US poverty level. If you do that your husband has to file I-864A.

3. Please read I-864 instruction pdf file for details. It will answer lot of questions. USCIS.come has forms and instruction pdf.

4. As of I know they don't do DNA test to prove the relation. If your brother is sponsoring then ask refer blog post for require documents.

Nehul

Anonymous said...

Do you have to wait for 90 days after your parents enter the country to start the application process?
Any insights here would be helpful.
Thanks,
Regards,
Pari

Nehul said...

It is advisable to wait for 90 days because USCIS might think you enter in US with wrong intention & might reject your case. I have seen some cases where people applied after 45 days and got approval.

If you are in no rush wait till 90 days and apply for I-130/I-485 together. Also do I-693 after 45-60 days (no specific rules for that).

Good luck.
Nehul

Anonymous said...

Hi Nehul,

I'm a citizen who wants to sponsor GC for my mom. She completes 90 days only by the third week of March. She has to go to India in July to attend an important family function. Any idea how much time does it take to get advance parole approved?

Thanks
Sandy

Nehul said...

Sandy,
If you file in first of week of March. But delay in processing is known & unpredictable. If she can come back after attending function make sense. It is not advisable to travel outside of US, once you file for AOS while on visitor visa. Also if she goes on AP and you get interview call or finger print won't come but you can predict precise time.

Cheers,
Nehul

Thanks,
Nehul

Anonymous said...

Hi Nehul,
My parent has visitor visa till Sept 15, 2010. If they come to the US in June, do we have enough time to apply for green card before the visitor visa expires? Or is it better to apply for 10 year visa first ?
How long does I-673 medical examination take?
Thanks,
Aruna

Nehul said...

Aruna,

1. Consider your parents don't go for 10 year visa first.
Your parents can come in June 2010. They can stay on visitor visa depends on custom officer. I mean if custom officer at airport give them 6 months visa they can stay from June 2010 till Dec 2010. Most of the time officer give 6 months visa but depends on luck as well.
Once they are in US (say in June 2010) you apply for I-130 & I-485 after 90 days. Once you get receipt number for I-485 your parents can stay in US legally till they get green card. Even if their visitor visa expire in Sep 2010. But catch is they can't leave US till they get green card. Also make sure you apply for I-130 & I-485 together i.e. concurrent since no visa limit for parents.
Medical exam won't take much time. First visit doctor will do skin TB test & other vaccination thing. They have go back after 2 days to check on TB test. If it is negative doctor will give form in seal envelope. You have to attach that with I-485.

2. In this part parent renew their 10 years visitor visa & do the above. It is kind of safe because custom officer can ask question "are you coming here because your visitor visa is expiring in sep 2010" ready to answer that question in best possible way to get 6 months visa. In case they have 10 years visa custom officer won't ask that question. It is piece of mind.

Bottom line once parents are here for 90 days apply for green card and they can stay till decision is not made i.e. approval or denial of green card. Once you apply for I-485 you are no longer on visitor visa status because 485 is adjustment of status.

Hope that helps.

Cheers,
Nehul

Anonymous said...

Hi,I can not get copies of parents Birth and Marriage certificcate.What can we do.

Anonymous said...

Hi, Nehul,
Do you know how often a green card will be denied with the stuation like your parents, visiting US with B2 and applying for I-130 and I-485 while they are here? Because some said you should not adjust your statuts while you have a B2 because it breaks the intention of entering US. Do you think it will be safer to jsut let the parents give their immigration visa while they are still in the their own country?
Thank you.

Nehul said...

To Both Anonymous post your fake name to reply.

No they will not reject your parent green card application if they are here on visitor visa.

If want to know more details or have fear that they will get rejected do it from home country.

But by law USCIS will approve your parent GC application.

This notion that visiting parent broke law and all that is non-issue but more of creation of fear among desi people. You apply from here or home country end result is same GC.

Also it depends on case to case where someone is doing nasty thing then yes you will be reject (what else you deserve) but you have perfect track record you will be fine.

Bottom line don't lie or show something you don't have will create problems..

Nehul

Nehul said...

If you don't have marriage certificate make two affidavit from groom & bride side.

For brith certificate get letter from authority of non availability & make two affidavit from close relative who know them. (ideally parents of applicant)

Nehul

Anonymous said...

hello,

if my mother is already in US on visitor visa, can I just send all the above mentioned forms at the same time?

Thanks.
Mohit

Nehul said...

Mohit,
Yes you can apply for I-130/I-485 together since date is current for parent of US Citizen. Once you get receipt number for I-485 your mother no longer remain on visitor visa status and make sure she don't leave US before I-485 is approved.

Nehul

Anonymous said...

Thanks for the reply Nehul.

One more clarification, as why do you say I-130 and I-485.

What about the other 4 forms in the list?
I-693
I-864
I-131
G-325

When are they suppoesd to be filed?

Thanks,
Mohit.

Nehul said...

Mohit,

I-130/I485 application need I-693/I-864 & G-325.

Okay two main form or step

1. I-130 to establish your relation (mother-son)
2. I-485 adjustment of status

I-693 medical exam

I-864 affidavit of support

G-325 mother's history

I-131 is advance parole to travel outside of US. I will not recommend at all to go out of US unless you have no choice.

Just go to google to get tons of info with preciously what form doing what from above list.

Thanks,
Nehul

Anonymous said...

Thanks Nehul.

Mohit.

Anonymous said...

Nehal,

Why Parents should not leave USA before I485 is approved?

Thanks,
Prabhu

Nehul said...

Prabhu,
Status I-485 meaning you want to change your status from visitor i.e. non-immigrant to permanent residence. If you want to leave before your I-485 get approve you should apply for advance parole.
While re-entering US on advance parole your parents will be ask many questions e.g. why you change your status from visitor to GC but you told us you are just visiting while entering US. You should have solid reason e.g medical or personal reason to convenience officer.
In short when you are changing status from visitor to GC it is not safe to leave the country without advance parole otherwise they will reject your application because aim was to stay in the country permanent.

Nehul

Raj said...

Hi Nehul

I want to file for the green card of my parents. I am a US Citizen for the past two years. My parents are based in India as of now.

What are the documents that I need to have as supporting documents?

What are the forms that I need to file for starting the green card process for my parents?

Please kindly oblige and let me know. You help is anticipated and would be greatly appreciated.

Thanks in advance
-Raj

Nehul said...

Raj,
Please check my post you just replied i.e.

http://nehuln.blogspot.com/2010/01/how-to-apply-for-greencard-for-parents.html

You have to file I-130 first with list of documents mention above.

Thanks,
Nehul

Anonymous said...

Hi Nehul,

But do they necessarily need to come to US with a vistor visa to apply for green card? Can they do it from their home country? My mother would like to stay during the process in her home country for some reasons. Do you think it takes longer? Please advise.

Lulu

Anonymous said...

One more thing Nehul,

Approximately what was you cost per parent? And, from what I read in your instructions (1st post) it's only one whole package with all the forms mentioned (I-485, I-693, I-864, I-131, G-325) that you need to send all at once, correct? I'm a bit confused because I was told they're in different times, thanks.

Lulu

Meaning:

Nehul said...

Lulu,
You can do it from home country for sure and it is a good choice. If she you are doing it from home country first step is to file I-130 ($355 application fee). You have apply for I-485 after I-130 get approve.

Nehul

Anonymous said...

Quick question, where should I send the completed forms I485,I130,131,I-693,I-864
I-131, G-325?; should I bundle it all together in one envolope and send it to local uscis center or national service center?

Nehul said...

Anonymous,
You will find that information on I-130 instruction pdf file from following link.
I-130 instruction pdf

You will find that information on above page or Download Instructions for Form I-130 (83KB PDF) link at the bottom of above mention link.

Good luck!!

Anu said...

Nehul,

Thanks for posting this. You said you applied for Advanced Parole along with your I-485. What was the reason you gave for applying for Advanced parole? Please let me know.

Nehul said...

Anu,
If you wish to apply please explain "they have to attend relative wedding - attach invitation" or "personal property related work" etc something meaningful..you know what I mean...
But in general I will avoid that if you apply I-130/I-485 together then chances are high they will get interview call & approval notice/ plastic card soon.

Nehul

Anu said...

Thanks Nehul. It seemed from your list of documents that it was necessary to apply for Advanced Parole along with the application! It seems not. Thanks for clarifying it. I was wondering whether to apply for Advanced parole in case of emergencies back in India. Probably not since I hope the approval notice/plastic card etc will arrive soon.
Thanks Anu

AKA said...

Is it faster to apply for Green card for parents in USA or in India? My parents are planning to come to USA in 5 months. They have 10 yr visitor visa.
Also, if I apply in India, can they go see an Indian doctor for medical examination?. Is it cheaper to apply in India?

Nehul said...

AKA,
It is little faster to do it if they are in states. But you said they will visit after 5 months + you wait sometime before you apply i.e. 2 months = 7 months of just wait.
I think you can apply I-130 first (can't apply I-485 together if parent's in India). It will take about 3-5 months for approval and after that I-485 + medical exam in India (if in Mumbai they do it in office close to consulate cost around Rs 10,000 to 20,000 not very sure). So total around 7-10 months in India.
But if you want to apply while they are here it is little faster but it all depends on case to case. Some people has to appear for interview, RFE or medical exam package lost by USCIS etc.. so if that happens it will take around 7-9 months in US. If all goes well they will get GC in 4-5 months. You should apply I-130/I-485 together if they are in US..faster to get GC. (you also add 2 months from arrival date + 4-5 months = ~7 months).
Bottom line better to do it from here but cost wise they come little higher in US. But also consider that your parent can't leave US while I-485 pending otherwise apply for I-131 together with I-485.
If you still need more clarification just ask.

Nehul

AKA said...

Thanks Nehul...that clarified everything. But now I have another question.
If I apply for I-130 now when my parents are in India, can they still travel to US on a their visitor visa? As I said they are planning to come to US in 5 months but if the whole process takes 7-10 months then it won't work.
Basically, my question is if I start the green card process in India, can they still travel to US on visitor visa at anytime or do they have to wait for the whole process to complete?

Nehul said...

AKA,
I mean if they are in India and you file I-130 but whole process is not over and they decided to come to US you are making big mistake. Visitor visa is for visiting purpose only but your parent has all intention to settle down in US by applying I-130.

So my advise either do entire process while they are in India or here. In one shot get the GC don't let them go to India while you are processing application from US or don't even try to bring them here while you are processing application from India.

Hope that helps.

AXA said...

Thanks a lot Nehul.

Anonymous said...

Thanks for the great information.

I have couple of clairfying questions:

1) What should be parent's address on various forms, when they are in US, while application is being filed.

2) Also do we need to include multiple copies of passport etc, as mentioned in the list above, even if all the forms are being sent at the same time?

3) My parents are already here for ~80 days, and current I-94 is valid for another 100 days. I will be sending in the application in next week or so. Would they need to leave after ~100 days or they can stay longer after the application process has started?

Thanks.
Mohan.

Nehul said...

Mohan,

1. US address of sponsor (that's where they will stay and say the same in GC interview. I mean they have to stay with whom is sponsoring on paper)

2. I-130 and I-485 are separate applications even you apply together. So you have to attach passport copies for both application and other documents as well. I am reasonably sure that I-130 and I-485 will be process by different officer or center.

3. Let say I-94 expire on (Oct' 10, 2010) you need to have receipt of I-485 application in hand before the expiration date of I-94. After that they can stay with you as long as it take to get GC (even 5 years or 15 months to get approval..it won't be that long for sure)
But make sure they don't leave the country while I-485 is pending otherwise they will cancel his application hence GC rejected. In case they want to leave country while I-485 pending apply for I-131 with I-485 for free. So they can use advance parole but I won't recommend it all to leave unless it is urgent and not avoidable.

Nehul

AXA said...

Nehul,
In one of your earlier posts you had mentioned for people who do not have birth certificates should "get letter from authority of non availability & make two affidavit from close relative who know them. (ideally parents of applicant)".
My concern is that my parents were born at a place which is now in Pakistan. Where can they get a letter of non availability from? My parents are in Delhi.

Nehul said...

AXA,
How they got passport in first place? If they were born in Pakistan? If that place was gone in Pakistan after partition you should have some guidance from local government office that issue birth certificate.
But main question if they have passport and birth place is mention on passport, so they have to get some kind of letter from local authority of birth place.
You have to find this out from India.

Nehul

AXA said...

They migrated to India during partition like many others. On their passport birthplace is mentioned as Pakistan.
Thanks for your help though. I will contact the local authorities in India.

Anonymous said...

Nehul, one more question:

do we need to submit copies of G - 325,I - 130, I 864 along with I-485? And then originals seperately?

Mohan.

Anonymous said...

sorry. one more thing...

the sealed envelope that Doctor gave me is I-693 or I need to fill that out seperately?

Mohan.

Nehul said...

I-693 is sealed envelope that doctor gave you. Inside that envelop you have I-693 fill by authorize doctor + medical details. (you have to enter basic information and sign the form in front of doctor by parents)

Nehul said...

You are sending two application forms

1.I-130 and required documents

2. I-485 (G-325, I-864 & I-693 & copy of I-130 form)

But you have to take into account that other minor documents like passort, I-94 & photos etc are form specifi i.e. I-130 or I-485 and all are listed above i.e. which document goes with which form etc..

Hope that clear out your doubts.

Anonymous said...

Hi,

I am US citizen and i want file for greencard for my mother and my brother and his wife with two childrens. What douments i need to submit on my side and on my family side.

Thanks,

Jay

Anonymous said...

None of them had visited in US yet.

I want to know list of documents need to submit(my and my family) and forms to use. I want to also know that what if i am visting india for month after filing petition for my mom and my brothers family.

Thanks,

Jay.

Nehul said...

Jay,
I can't answer your question about brother and his family requirement (basically don't have enough information and blog spot is ONLY for applying GC for visiting parents)
But for your mother you need all the documents list in the blog spot i.e. beginning of this blog.

Nehul

Anonymous said...

Nehul,

I want to sponsor my parents for GC (I'm a citizen). But I don't work and has no income at all. My husband has a job, though. Can I still be my parents' sponsor if I get my husband to sign I-864A?

Thanks,
AHS

Nehul said...

AHS,
Yes your husband can co-sponsor your parents GC. It is very well explain in I-864 form & income poverty level explain in I-864P.

Nehul

Anonymous said...

hi!
my parents are in US and we have to finish medical exams test,and they told me in office service that we can send all I-130 and I-485 and some other forms all together.is that correct???

Nehul said...

Yes that is correct. You can send all the form together.

Anonymous said...

i just saw that is name and date of bitd incorect on my mother I-94 card.what to do???and we thought in 2 3 days to fill up papers for green card????

Nehul said...

So you parents enter wrong name and date of birth on I-94!!! (in fact you fill that form before you go to custom officer)

I am not lawyer but you should write a letter (saying it was mistake) with I-94 copy while applying for green card. Also custom officer is also at fault for overlooking such basic i.e. must verify information.

Anonymous said...

>>>>I-693 (after 90 days of stay of parents in US)Got both Medical Examination by a INS approved doctor in the vicinity.....

If you are in bay area(or near fremont), could you send me the INS doctor details? how much they charge for medical examination.
Thanks

Nehul said...

Please checkout INS site for doctor's list. You have to do it from authorize civil surgeon (listed on INS site).

If I am correct one doctor from Morgan Hill (last name Shah) is good choice and reasonable. But again you have to make calls and find out.

Nehul said...

Here is the link for

Civil Surgeon

Anonymous said...

Hi Nehul

We don't have the birth certificates. You mentioned that we should "get letter from authority of non availability & make two affidavit from close relative who know my parents. Do you have the sample verbiage for these two letters?
Many Thanks for running this website and helping many of us with the process.
Thanks!!

Nehul said...

I have it but I can't attach any files on this blog. If you leave your email address I can forward you scan copy.

If I get sometime next week I will try to paste content of the letter but scan image will give you very clear picture.

Nehul

Murali said...

Hi Nehul,

Thank you so much. Your blog is very informative and helpful for everyone who is ready to get GC for their parents (like me :-) ). I would like to thank you for all your time and effort in helping out others.

Keep up the good work. Really appreciate it. !

Best Wishes,
Murali.

Nehul said...

Murali,
Thanks for your comment. If you need any info just ask.

Nehul

Anonymous said...

Hello Nehul
Planning to file I-130 and 485 concurrently both for my mother who is in US

1. Do we need to send seperate checks in envelope or is it single check.

Thks
Ram

Nehul said...

Ram,
You have to send separate check one for I-130 of $355 and other I-485 (please check the exact amount in I-485 instruction pdf available on USCIS website, which includes finger printing fee as well total ~$1010).
Basically they are two separate application process at different center (OR agent OR who knows what happens behind close door of USCIS) but you can apply together because dates are current for close (parents) relative of US citizen.

Nehul

Anonymous said...

hi!
I am preparaing to submit GC application for my parents. I just found out on I-485 about the catagories of eligibility. by the way, i am US citizen now. do you have any suggestion which one should i check? that is part 2 on I-485. I am submitting I-130, I-485, G-325, I-864 and I-693 altogether. I am looking forward to your big help and suggestion. i do really appreciate your advices and help.

Nehul said...

You have to select OPTION h or Part 2 for I-485 and write the following

Immigrant visa number is immediately available for parent of US citizen, 201(b)NA.

You have to write this because still I-130 is not approved, so can't select OPTION a of part 2 of I-485 form.

Nehul

Anonymous said...

thanks a lot Nehul. that is a big help.

regards,
Tobie

AK said...

Hi Nehul,

I am a US citizen and want to apply for GC for my mom. My dad passed away earlier this year and my parents never had a marriage certificate. Do you happen to know if my mom will need to provide a marriage certificate in order to apply for GC?

Thanks for writing this blog, it's given me so much information all in once place!

Best Regards,
A Krishna

Nehul said...

Krishna,
Since you applying for mother they won't ask for marriage certificate. Your birth certificate will have her name & passport + other documents.
But to be on safer side you should get two affidavit from close relative (who is older not someone who was not adult at the time of your parents marriage) should work. In the affidavit you should mention that your mother married to your father and she has son (your name + where you are living).
I strongly recommend to get two affidavit
even if they don't in this case. Basically they give lot of importance to mother compare to who was father. I mean you know how is US culture where they marry even at old age etc...

Nehul

AK said...

Thanks a ton for the quick response Nehul, that really helps.

Regards,
A Krishna

Nehul said...

Krishna,
One more thing I forgot to mention that you should also include death certificate of your father.

Nehul

AK said...

Thanks Nehul, I'll make a note of that. I just dug up my birth certificate and noticed that it has my mother's maiden name in it, while her passport has her married name. I'm very concerned now that this may not be acceptable to the INS. What's your advice?

Also, her name in my birth certificate has a different spelling than the one in her passport. A single letter, but I guess that makes all difference?

Thank you for taking the time out to answer my questions, I'm really grateful!

Regards,
A Krishna

Nehul said...

Krishna,
You can do the following which is possible for you to obtain.

1. In affidavit you can mention that her name change to this after marriage.
2. Government Gazette for registration of name change (if you are in Mumbai I know the location where you have to go, so let me know)
3. School leaving certificate
4. Secondary school certificate by examination board, Bombay
5. Domicile certificate
6. Affidavit made by beneficiary for name change or missing letter in name or anything related to your case.
7. Income Tax ID issued by government of India
8. Affidavit in support of Birth Certificate by Family Friend
9. One more affidavit in support of Birth Certificate by Family Friend

One thing you have to make sure that collect any government issue documents which has her maiden name and other documents with new name after marriage.

Also make sure you mention name change in affidavit you make in support of name change.

So you have some government documents for old name, affidavit saying name change after marriage, two supporting affidavit for marriage certificate (make sure you have mention name change), some government document showing new name.

But if you have to translate any documents make sure it is done by notary or government office (in that translation mention they are competent to do the translation).

Also read the I-485 instruction pdf which has very useful information for missing document & what is acceptable to INS.

Don't worry they know that this happens. Also make sure you don't send any original document with application (I mean ever). If they call you for interview don't panic they just want to verify what you have submitted with original document copy.

Hope that helps.

Nehul

AK said...

Thanks very much for the detailed information, Nehul. This is truly very helpful.

Best Regards,
Anitha

kumar said...

Nehul, awesome exellent information, I am filling for my mother this month, can you pls also tell me which are the forms above mention needs back2back printing while filing

I - 130 -- > Petition for Alien Relative ---G - 325 A-- > Biographic Information ---I - 485 -- > PR Adjust Status ---
I - 693 -- > Medical Examination ---
I - 864 -- > Affidavit of Support ---

Thanks in advance
Kumar

Nehul said...

Kumar,
You have to print all of the forms back2back. I think G-325 is single page form but rest back2back.

Nehul

Kumar said...

Nehul you are awesome man ...helping really the community GOD BLESS YOU

kumar said...

Nehul while preparing mother's DOB affidavit her last name on the affidavit should be before marriage/after marriage surname ??

Nehul said...

Kumar,
DOB affidavit should indicate name given at birth (in hospital or name ceremony i.e. mother's maiden name.
It is OPTIONAL or I will say don't include name after marriage in DOB affidavit. But following should be included regardless in marriage certificate or affidavit.
If name change after marriage you write that in marriage certificate or affidavit{firstname lastname}.

Nehul

kumar said...

waakie thanks

Anonymous said...

Hi!
if i submit I130 and I 485 separately, when should i submit my I 485? I already did submit my I130 and have receipt the notice which has been received by USCIS. Please any suggestion. Thanks in advace.

Nehul said...

You can apply for I-485 anytime after you apply for I-130 because parent's of US Citizen has no waiting period i.e. you can apply concurrently. (dates are current for immediate relative)

Since you have receipt of I-130 you should attach copy of it while you apply for I-485 (if I-103 get approved attached copy of approval notice while applying for I-485)

But ONE thing you have to keep in mind that you have to apply for I-485 before visitor visa expire (if they are in US). So once you apply for I-485 they can stay in US beyond visitor visa expiration date (basically till they get GC)

If they are in India you can apply for I-485 AFTER you I-130 is approved.

Hope that clear out any doubts you have.

Nehul

Anonymous said...

thanks a lot Nehul

Kumar said...

Nehul, filling up 485, i have a quick concern, back in india there a is court case which is running rerading some property issue. Do I need to mention that while filing for my parents ? OR 485 is asking about any offences which are done/executed in USA ??

thanks
kumar

AK said...

Hi Nehul,

Which do you think is better? Applying for GC when parents are in India or applying after parents have been in the US for 90 days.

Thanks!
A Krishna

Nehul said...

Kumar,
You don't have to mention anything about personal stuff in I-485. I mean ONLY place you will mention your ( or person who sponsoring) salary is in I-864 i.e. affidavit of support.

Now in I-864 you should only mention salary (which will be above poverty level otherwise check out I-864P for that figure on USCIS website). Don't mention about your property, mortgage or bank account because if you look into I-864 it says clearly if salary is above poverty level declaring property and asset is optional.

Again your parent's property or related matter has nothing to do with GC.

Nehul

Nehul said...

Krishna,
Nothing in particular apart from time frame to get GC.

If they are in US it will take 4-6 months to get GC if you apply I-130/I485 together.

If you apply from India add couple of months at max.

But all depends on personal preference e.g. if you need additional documents it is easier for parents to obtain since they are in India.

If you have anything in particular that bother you just ask and I will try to answer.


Nehul

Anonymous said...

Nehul , I am in the process of applying GC for mother in law as she doesn't have brith certificate planning to get affadivits , can i get a sample copy of those. you can mail those at xrajx@hotmail.com.

Thanks for all your help
-Raj

Nehul said...

Raj,
Following links for birth certificate related affidavit.

Birth certificate related affidavit samples

additional affidavit links

one more link

You have to modify according to your need i.e. add information about person who is making affidavit & how they are related to your mother-in-law e.g. someone elder at a time of your mother-in-law birth or someone close relative.

If your mother-in-law born in Gujarat in that case notary or people who make such affidavit know the exact details.

If you still need more specific info let me know and also describe the scenario.

Unknown said...

Hi, i am filing for my parents gc, currently on visitor visa till feb 7th. i have some questions.
1. do all the forms have been sent together, i130,i485, i131 or do i have to wait for i130 to be approve and then file i485? i am confused if the forms need to filed only when approval on i130 is received or can all be sent together.

Nehul said...

Sidy,
Basically you can apply together since close relative of US Citizen has no waiting period i.e. you can apply concurrently. (dates are current for immediate relative)

If you apply together they can stay in US till they receive GC.

But if you apply for I-130 first keep in mind that you have to apply for I-485 before visitor visa expire (since they are in US).

You can apply together or separate is your choice.

I have explain similar question above for more details.

Nehul

Nehul said...

Sidy,
Also keep in mind that when you apply I-130 & I-485 together send all the forms together at address given in I-485 instruction pdf.

You have to read the I-130 & I-485 instruction pdf available on USCIS website to clear you basic question about filing and paper requirement (very nicely explain in pdf)

Nehul

Unknown said...

thanks nehul, this is very helpful

Unknown said...

Clubbing all questions together...:
1. for g-325 under applicants residence last 5 yrs should that be us addresses?it seems so but wanted to confirm

2. diff between g325 and g325A, i dont see any...

3. My grandparents date of bith is not know, really , no one has any idea about it..can i say not available in the g325 form...

Nehul said...

Sidy,

1. Yes (US address if they are on visitor visa)

2. G-325 you have to file for parents.

3. Well you have to do guess work & come up with date close to the actual one (nobody can verify...also G-325 form for details about applicants...but don't leave any field unanswered)

Nehul

Unknown said...

On i-864, if i am sponsoring both parents, should i be putting the other parent as dependent eg, in my father form should my mom be added as dependent for the below question...

If you have sponsored any other persons on an I-864 or I-864 EZwho are now lawful permanent residents, enter the number here.

Nehul said...

Sidy,
I think NO because they are not lawful permanent residents yet to add as dependent.

Nehul

Unknown said...

my parents are 69 and 62, do you know which vaccination they require...i was told dtap (tetanus), flu shot, varicella and penumoccoo(pneumonia shot) any ideas on that one...

Nehul said...

Sorry no idea. You have to perform medical test at authorize INS doctor & he will tell you which vaccination required.

Unknown said...

Link to what vaccines are required for AOS

http://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/vaccination-civil-technical-instructions.html#tbl1

AK said...

Hi Nehul,

I'm planning to apply for GC for my mom and you had given me a list of documents in a previous comment. I have some more questions regarding some of the docs:

1. Government Gazette for registration of name change
2. Domicile Certificate.
3. Income Tax ID issued by government of India

Are the above doucments absolutely necessary?

I will try to explain my current situation in more detail:

- My mother does not have a birth certificate.
- My birth certificate has my mother's maiden name and not her married name. To complicate the matter even more, her first name is spelled wrongly in my birth certificate (one missing letter)
- The govt. issued income tax id that she has currently also has a wrong spelling of her first name
- Fortunately my mother's passport and her High school leaving certificate have the correct spelling of her first name.

Here are my questions:

1. Should I get a new birth certificate for myself with the correct spelling of my mother's name? Or could I get an affidavit of some sort instead?
2. Is a letter of non-availability of birth certificate for my mother from a govt. authority enough? I'm from Bangalore, so I wonder which the Govt. body of Authority I should be contacting to get this? In a previous comment you had replied to an anonymous commenter that you can email the sample verbiage for this letter. Could you please email me the same?
3. Instead of the govt. gazzette for registration of name change, can I get affidavits from relatives in support of name change after marriage?

Thanks very much for all your help.

-A Krishna

Nehul said...

Krishna,

1. Certainly that's a good option.

2. If your mother born in Bangalore then you can inquire in hospital or municipal corporation. I know where to go in Mumbai but never been to Bangalore (sorry)

3. Always govt. issued documents has more value but affidavit should work.

You can always make affidavit where your mother says her name is XYZ from birth & supporting documents for the same.

As I said income tax or secondary school leaving certificate or any valid govt. id should work.

But again you have to make sure that whatever documents you provide should have consistent naming.

If it becomes too complex for you pay some consulting fee (like document level) to lawyer for piece of mind. (since I can help little from email)

Somewhere in my long log you will see link to sample birth certificate and affidavit (even simple google search will lead you to good threads and enough info to resolve your issues)

Nehul

AK said...

Hi Nehul,

Thanks so much for your quick and detailed response. It's of a great help to me!

Best Regards,
A Krishna

Anonymous said...

Thanks for the post. This is very helpful. Did you send the separate envelope for your mohter and father? Or, did you put both I-130 and I-485 for both parents in one envelope and sent the package.

How did you figure out the 90 days period? I called INS yesterday and they said that one can apply any time once his parents arrive in USA. INS has not specified any time frame for submiting the application.

Again, thanks for sharing this valuable information.

Nehul said...

Anonymous,

1. You have to send separate application (one envelope per applicant)

2. 90 days are not rule set by INS but sometime during interview it seems very obvious you lied while coming on visitor (that you want to visit i.e. non-immigration purpose)

But again above statement is not law or cause to deny GC application.

Nehul

RoboticVision said...

Nehul:

First of all I would like to thank you for the effort you have taken to answer a wide range of questions on this topic. This is very helpful.

My parents have come to US on a visitor's visa. I would like to apply for their green-cards. Here are some questions:

1. I am in California. However my sister is in Texas. Currently my parents are in Texas with my sister. I plan to sponsor them for the green card. But I thought while they are in Texas, they can get their medical exam done. Is it okay to get the medical exam done in Texas, even though in official forms, I would mention that their US address is California based?

2. In I-693, Part 1, the form asks for "A number". But because we will be sending 130, I-485, G-325, I-864, I-693 and I-131 together, they will not have A-numbers before we file I_693. Is it okay to leave them blank?

3. In I-130, the Section C-2 asks for relative’s address. Should it my US address or should I provide my parents' address in India?

Thanks again for your help in advance,

-RoboticVision

Anonymous said...

Hi Nehul,

I am a US Citizen, my dad passed away 2 months ago, i am planning to apply GC for my mom, And she doesn't have a Birth certificate, I am trying to get some affidavit regarding that. so my question is Can my aunt (my dad's sister ) make an affidavit and also one from my mom's uncle(my mom's dad's brother),are those enough.
And also can you give me a sample format and the affidavit needs to be on an Indian stamp paper.

Thanks for your help

Regards
Pushpa

kumar said...

Nehul, I am filing for my mother as said about, if i file AP along with 485, no fees for I 131, as you said above pls confirm
***************************
I-131 Advance Parole (1 application form for each parent & 1 copy of all the documents - hence total of 2 applications + docs)

I filed this with 485 application so No Fees
****************

thanks
kumar

Nehul said...

RoboticVision,

1. US address is California based

2. select (H) and enter following

"immigrant visa number is immediately available for parent of US citizen, 201(b)NA."

I have answer that to someone in my blog.

3. Your California address.

Nehul

Nehul said...

Pushpa,
You also need letter from local government office (who is issuing birth certificate where she born) saying no birth record available letter. (they know the format and what to write)

With that letter you can attached two affidavit of relative you mention.

Basically someone who was older at the time of her birth. Otherwise any close relative who has knowledge of her birth on xyz date & place.

I have replied to someone with link for the format in my blog (pl. look in comments above yours)

Nehul

Nehul said...

Kumar,

No fee for I-131 is filed with I-485. Also check out I-485 instruction pdf & I-131 instruction part as well for validity & cross verification.

Nehul

RoboticVision said...

Nehul,

Thanks for answering the questions on November 18, 2010 2:07 PM. However I did not understand what exactly what your answer was to the question "Is it okay to get the medical examination of parents done in Texas (where they are visiting for couple of months), even though the sponsor (myself) is based in California ? " My parents ae currently in Texas with my sister on a visitor's visa. I am located in California and I am the one who will sponsor them. They will come to California in mid January. However I thought it would be a good idea to get the medical exam done in Texas instead of waiting for them to come to California. Is it okay to do?

Nehul said...

RoboticVision,
Oh I miss that one to answer. Yes they can do the medical examination in Texas from INS authorized doctor.

Nehul

Anonymous said...

Hi Nehul,
I will be sponsoring green card for both my parents. However, they dont have birth certificates or marrige licences. Can you please email me a format for these required documents? I will really appreciate your help! thanks. My email is adityajayaram@hotmail.com

Nehul said...

Marriage certificate:

Your parents must get marriage certificate from government office or place where marriage happen (if they are together). In case they can't obtain it prepare two affidavit from close relative (who were adult at the time of marriage and present during the marriage or at least relative who has knowledge of the marriage). But even if you don't have certificate ask your parents to visit marriage certificate issuing gov. office to make new one. (take two witness while visiting the office or inquire about the procedure)

Birth certificate:
In earlier posts I had mentioned for people who do not have birth certificates should "get letter from authority of non availability & make two affidavit from close relative who know them. (ideally parents of applicant)".

Here is the link for sample birth certificate (you will find tons of link from simple google serach)

http://www.immihelp.com/birth-certificate/sample-documents-birth-certficate.html

http://www.usabal.com/permres/aos/birth_cert_info.html

http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/5320-affidavit-for-birth-on-stamp-paper.html


Nehul

AK said...

Hi Nehul,

Here's a rather off-beat question and I guess this is the best blog to ask this question. I know we are all mainly worrying about the paperwork and the approval of GC from the INS, but what about the other side of this issue. How do parents adjust to life here? How would they occupy their time here? We have a young baby now and it seems like the first few years will go by in a blur, but what about 2-3 years later when the child goes to school? I am kindly requesting anyone who reads this blog who has sponsored for parents to live in the US to please share their experiences.

I am asking because parents would have lived all their lives in India and have friends, relatives, everything back home. They make the move here to be with their children, but is that enough for them? Would really appreciate some answers!

Best Regards,
A Krishna

Nehul said...

Hello Krishna,

Your question is personal as well as per case base/situational. It all depends on your parents liking and life style.
If you pin point on one thing it is social life that is not same as India for them. Also getting medical insurance after GC important if they have ongoing health issues (even without it is risky in case of Emergency)
Again many factor effects the outcome and individual situation is different per case. So it will be put to your parents have honest conversation with you what they feel before applying for GC (think you are spending good tax free money to get GC)

Nehul

AK said...

Thanks for your reply Nehul!

Regards,
A Krishna

Anonymous said...

Hi Nehul,


I am US citizen and I am planning to sponsor my parents for family-based green-card.

However, I have been finding name mismatch between various documents.

For example, my father's name in all the documents (my passport, his passport etc) is mentioned as "Naresh".

However, in my birth-certificate , my father's name is mentioned as "Nareshchandra".

My question is--> What should I do so that this name mismatch does not cause issues during green-card process? Do I need to create any affidavit or some other document?

My followup question is--> My parent's marriage certificate has my father's name mentioned as "Nareshkumar" at one place and in the same certificate, his name is mentioned as "Naresh" at another place. Again, What should I do so that this name mismatch does not cause issues during green-card process?

(I am in USA and right now, my parents are in India)

Your help/feedback/suggestions are very sincerely appreciated.

Thanks in advance-
Nikhil

Nehul said...

Nikhil,

You have to make affidavit for name mismatch in various documents.

First of all in affidavit tell which is correct name ('Naresh' as you mention) & back that up with government issued documents (e.g. voting id card, income tax id & others are mention in blog list). If they are in India ask them to register into government office of name change (I can give you exact office location if they are in Mumbai)

Do the same for marriage certificate as well. If you have to translate any document do it through government office, since INS like gov. issued letters.

I mean worst thing can happen is your parents have to go through GC interview, where they will ask for original documents, since you have many docs to back the real name. Never send any original documents to INS (always simple black&white photocopy).

You can make list like I posted in the blog to support name change of your parents (birth or marriage certificate)


Nehul

Anonymous said...

Dear friend,

I would like to know what will uscis do, if i sent the wrong application fee. USCIS just raised the application fee on Nov 23rd. Unfortunately, i just sent my I-485 application with $1010 application( old application fee) on Nov 23rd. I am so much worried about that mistake. I really appreciate your kindly information. and what should i prepare for resubmission of I-485? thanks in advance.

Nehul said...

Anonymous,
USCIS will reject your application. You have to file again with correct fee. Nothing major just a delay in getting GC.

Nehul

Tobie said...

Dear Nehul,

Thanks a lot. you mean USCIS will send the whole packet to me again right. I really appreciate your information. by the way, Could i ask you another one? I filed I-130 and I-485 separately. I sent to Chicago lockbox. Did i send it to the right lockbox. Sorry for bothering you again for second question. I appreciate your kindly help.

Regards,
Tobie

Nehul said...

Tobie,
I-485 instruction pdf provide both Chicago address for filing together (I-130/I-485) and separately. Also it has correct fee structure & lot of good information related to I-485. (that pdf is available on www.uscis.gov & enter I-484 in search)

Nehul

RoboticVision said...

Hi Nehul:

I am planning to sponsor my parents (both mom and dad) for green card. Currently they are in US on visitor's visa. I have few questions regarding the I-864 form.

1. For each parent am I supposed to file a separate I-864 (so 2 in total)?

2. Assuming that the answer to question 1 is yes, let's focus on I-864 for each parent for the remaining questions. On I-864 Part 3, Line 9 (which says "I am sponsoring the following family members.."), am I supposed to not mention the other parent because I would file a separate I-864 for the other parent?

3. For Part 3, line 10, for each I-864, should the entry be "1" ? (The question asks enter the total number of immigrants you are sponsoring on this form from Part 3. Items 8 and 9).

4. For Part 5, line 21f, should the answer be 1 or 0 ? This line asks "If you have sponsored any other person on an I-864 or I-864 EZ who are now lawful permanent residents, enter the number here". I have not sponsored anyone in the past on an I-864 who is a lawful permanent resident. However I am planning to sponsor (as I mentioned earlier) both my parents (on separate I-864?).


Thanks,
RoboticVision

Anonymous said...

Hi Nehul,
I have a question regarding affidavit of support if i am sponsoring both of my parents do i need two separate affidavits of support one for mother and one for father? and leave part 9 blank? also my household is composed of my wife my son and myself so for houselhold size should i put 4 total for each affidavit(wife, son, myself and mom and on the other form wife, son, myself and dad), Can they tell i am actually the sponsor for 2 people? if there are 2 separate affidavits
Thank you so much for all your help.
Iowa

Unknown said...

Hi Nehul,

I am applying for GC for my mother. She is a widow. And she came to the US a few weeks ago. My question is do I need to file I-693 medical examination? Is this a must?
I was thinking of filing I-130, I-485,I-864 and I-131 and G-325. Do we really need the I-693 and medical examination? Thanks for your help in advance.

Raj

Nehul said...

RoboticVision,

1. Yes

2. Yes. In short you would mention children (in case your sponsoring entire family) but you are sponsoring adult.

3. 01

4. 00

Nehul

Nehul said...

Iowa,
If you are applying for parents you need separate I-864 i.e. affidavit of support (basically two identical application but with different names).

Yes you put people who is dependent on you (most of the time your family members) in your case H. will be 04 for both affidavit.

Don't worry even if you are applying for 2 people till your salary is above poverty level mention in I-864P.

Nehul

Nehul said...

Raj,
I-691 medical exam is MUST. If you don't submit with GC application they will generate RFE. If you don't submit application will be rejected.

Don't worry it is simple medical test done by authorize INS doctor. You can get the list from www.uscis.gov website.

Nehul

Anonymous said...

Hi Nehul,

I have couple of questions:

1. Do you know how long Parents can be outside USA once they get the Green Card? If are aware, can you please post the link for the guidelines.

2. On I-485, Part 1, "Expires on" refers to the expiry of the Visa but not the I-94. Can you please confirm?

I was struggling for the past 2 weeks completing the paper work for my parents and your blog have answered all my questions. THANK YOU for helping us via this blog.

Ranjith

Nehul said...

Ranjith,

1. I don't have official link but know that 6 months is kind of limit you can stay. (you to file form beyond that period but don't have exact info on that)

2. Once you apply for I-485 & receive receipt your parents can stay beyond I-94. But if you don't apply for I-485 and I-94 expire (even I-130 is approved) they are illegal in US.

So I-94 expiration date is no value if you have I-485 receipt in your hand.

Nehul

Anonymous said...

Hi Nehul,

Thanks for the info. I am filing both I-485 & I-130 concurrently.

In my question # 2, I wanted to know which expiry should I fill in Form I-485? Is it the Expiry date of I-94 or the Visa (in our case B-2)?

Thanks,
Ranjith

Nehul said...

Ranjith,
It is I-94 expiry date (not B2 visa expiry date mention in visa stamp on passport)

Nehul

Unknown said...

hi,
1. what should the class of admission be on the advance parole form that i am filing alongwith the i485..
2. Does any have format of letter for Advance parole.
3. Also i read that if 485 is filed after 2007 then no fees are required for form i-131 even if it is not filed along with i485, can you confirm. thanks

i am almost there with the paperwork, once the medical exam comes which i am sure they will ask for chest xray..most indians need it...

RoboticVision said...

Hi Nehul:

I am planning to sponsor my parents (both mom and dad) for green card. Currently they are in US on visitor's visa. I have a quick question regarding form I-495.

In Part 2 of the form it asks "I am applying for an adjustment to permanent resident status because:.." then it gives options ranging from a to h. It looks like I should check option a, which says "An immigrant petition giving me an immediately available visa number that has been approved..".

Can you please confirm?

Thanks in advance

Unknown said...

Hi..

1. Can i-131 advance parole form be filed separately, after you have filed I485, is there a fee for it. It seems there is not, pls confirm.

2. what should be filled in the class of admission in that form?

Nehul said...

RoboticVision,

You have to select OPTION h or Part 2 for I-485 and write the following

Immigrant visa number is immediately available for parent of US citizen, 201(b)NA.

You have to write this because still I-130 is not approved, so can't select OPTION a of part 2 of I-485 form.

Nehul

FYI: In this blog I have answered same question.

Nehul said...

Sidy,

1. If you file separately you have to pay fees (I am not sure how much fee...USCIS website should I have that info). But if you file with I-484 it is FREE.

2. I am not very positive about that part.

Nehul

RoboticVision said...

This is regarding my previous question on Part 2 of the form i-485. My question was whether I should check option a. Your response was to select option h instead. First of all, thanks a lot for taking care in responding mine (and so many other people's) questions. A lot of people, I bet are benefitting from this blog every day.

However for this specific question though I think the correct option would be “a”. Please read below for understanding my logic behind this claim.

In the form i-485 in Part 2, for the question on Application Type for check-box a, the form mentions. mentions (I am pasting from the form)

An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately visa number, if approved )

At the first glance it looks like option “a” would not be the right choice (as you pointed out) because in my parents' case i-130 has not been approved yet and an immigrant visa number has not been approved yet. However read the sentence in the braces carefully. It essentially says (after deleting the irrelevant portion) "Attach a copy a relative visa petition filed with this application that will give you an immediately visa number, if approved". Which means even if an immigrant visa number is not available it’s okay to check option a, as long as you provide a copy of I-130 with i-485.

In addition, the instruction document for the form i-485 on Page 5 in the right hand side, specifically talks about different eligibility categories and addresses this specific issue. I am pasting the section A below for reference

Spouse, parent, unmarried son/daughter under age 21 of a U.S citizen with an approved form I-130 or Form I-130 field together with this Form I-485 (Part 2, Box a on the form).

This instruction is clearly mentioning that for Parents, when we file i-485, for Part 2 we should check box a.

Let me know your views. I am also posting it here for the benefits of other visitors of your blog

Nehul said...

RoboticVision,
You are CORRECT as I-484 instrunction pdf is updated on 11/23/2010. It has added for all the visa types & selection option for part 2. It was not mention in earlier I-485 instruction pdf.

Also this option was single source of many I-484 rejection, so I guess they have revised it (good they did it)

One I mention was given by lawyer but I am pretty sure after reading that instruction on LATEST pdf option a is correct.

Thanks for posting.

Nehul

RoboticVision said...

Nehul:
My sister is also a US citizen. However I am the one who is sponsoring my parents (she is NOT a co-sponsor). As part of I-485, do I have to include copies of her naturalization certificate and/or passport?

Anonymous said...

I want to apply for I-130 for my mother. She is currently in India. She will be visiting Canada after 4 months to see my brother. She will be in Canada for 6 months. If her I-130 and I-485 are approved while she is in Canada, can she come to US directly from Canada or she has to go back to India first before coming to US?

RajR

Anonymous said...

One more question. Actually I wanted to start the GC process once my mom is in the USA. But visit visa has been rejected twice. Once she applied from India and once from Canada while she was visiting my brother. It was rejected both times. So I don't want to waste anymore time and sponsor her for green card ASAP. My father passed away a couple of years back and she is alone there. So please advice for the fastest way possible.

Thanks,
RajR

Nehul said...

RoboticVision,

You have to provide sibling info in I-485 part-3 B. I haven't seen anywhere to provide sibling status documents (if not co-sponsor).

Nehul

Nehul said...

RajR,
If her I-130 and I-485 are approved while she is in Canada, she has to come back to India for finger printing and visa interview.

You can provide Canada address if you are sure she will be there at the time of interview call. In short you have to provide city & country name in I-130 (22).

Nehul

Nehul said...

RajR,

If she gets visitor visa and you apply for GC while she is in US (fastest way).

But if she is rejected twice before for visitor visa best possible alternate is to apply for I-130 while she is in India. But the difference is not very huge.

I know someone got GC from India in 7 months & someone who applied from US got it around same time. But again it all depends case by case. If you provide all the documents needed you should not have any problem getting GC.

Nehul

RoboticVision said...

Hi Nehul:

This question is regarding how to package the application material for a parent. Let's assume that we are talking about only one parent (I will just replicate this idea for the other one). For each parent, I am planning to have two smaller envelopes.

Envelope A: This will contain I-130 related paperwork
Envelope B: This will contail I-485 related paperwork.

Then I am planning to put both these envelopes in a bigger envelope (envelope C). My questions are

(a) Inside Envelope B (i.e the envelope for I-485), did you put a copy of I-130 ? Or inside envelope B, did you put the actual I-130 and the associated supporting documents for I-130?

(b) How many cover letters did you have? I am planning to have one cover letter for I-130, one for I-485, one for I-131, one for I-864 and one for the whole package. Is that reasonable?

Thanks again.

Nehul said...

RoboticVision,


a) With I-485 package I will put copy of I-130 application.

b) Yes it is reasonable.

Nehul

Unknown said...

Robotic Vision, Can you pls post your sample cover letters here if you can...Thanks! Also are you filing for Advance parole as well together with this...

Nehul said...

Sidy,

You can find sample cover letter at the following link (in fact it has tons of information)

Cover letter & additional information link

Nehul

RoboticVision said...

Nehul:

As mentioned earlier, I am sponsoring both my parents for green card, who are currently in US as visitors. This is a question about my mother's I-485 Part B, which asks "List your present spouse and all our children"

The first entry there I gave is my father (her husband). In the right hand side of Part B, there is a question which asks "Applying with you (yes/no)". I am a little confused here. While it is true that my father is also applying, his is a complete separate package (containing I-130, I-495 and associated forms/documents) than that of my mother.

What did you answer for that question?

Thanks in advance

Nehul said...

RoboticVision,

It should be "No" reason is applicant name is your mother & she has no children or dependent who is applying with her.

I think if family member of four e.g. father, mother & 2 kids will fit into that field with answer "Yes" against their name. I am positive here but in my case it was one person applied for GC.

Nehul

Unknown said...

whew! I just mailed the packet out to chicago lockbox by fedex! Now lets see what happens! the hardest part is getting the birth certificates of parents.
Nehul, thanks a ton for this blog!

Nikhil Parikh said...

Hi Nehul

First of all many thanks for the help you are providing to community in general.

This is with resepct to my post on December 5 and your response on same day.



1. You mentioned "If they are in India ask them to register into government office of name change (I can give you exact office location if they are in Mumbai)".

Yes- My parent in Mumbai, can you please provide office location.

Also, to understand this correctly, you are suggesting to "change name" so that we can undergo the procedure to change from wrong name to "the correct name or the one which is referenced in most of the documents". Please clarify or correct, as needed.


2. You also mention about " translate any document do it through government office". That's a very good suggestion. But, would you happen to know which office in India will do that?


3. Finally, you refer to "You can make list like I posted in the blog to support name change of your parents (birth or marriage certificate)". I read your blog post again, but I could not find a list for the same (May be I am missing something basic. I saw list of documents you attached for specific INS forms. )


Many thanks for all your help.

-Nikhil

vikas said...

Hi Nehul,
I am planning to file for I-130 and I-485 for my parents. My father had a previous marriage and a son (my step-brother) from the previous marriage. He got married to my mother after his x-wife died. It would be great if you could give your opinion on couple of issues:

* In I-485 Part 3B for my mother, should she mention my stepbrother as her stepson?

* For my father's I-130, looks like the authorities ask for the legal termination of the previous marriage (but NOTfor the marriage certificate of the previous marriage) for the previous marriage. I do have the death certificate for his previous wife, should that suffice? (The instructions are "..give a copy of your parents' marriage certificate establishing that your father was married to your mother before you were born, and copies of documents showing that any prior marriages of either your father or mother were legally terminated .")


* For my father's I-485, do I need to include the death certificate of his previous wife?

Your blog has been very helpful already

Nehul said...

Vikas,

1. Yes in I-485 Part 3B for your mother you have to mention about stepson. (you have relation column to write)

2. Death certificate of previous wife is enough (evidence) to show how previous marriage ended. Include that with I-130 application & second marriage certificate as well.

3. Yes you should include death certificate of previous wife (of your father) & second marriage certificate.

Nehul

Anonymous said...

Hi,

When you are applying 130 and 485 together do they all go to the same address, even though they are multiple envelopes in one big enevlope and is the address as following:

U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120

Thanks.

RoboticVision said...

Nehul:

Just wanted to know whether you used staple for organizing documents. Say, after copying your passport, you have three pages. Did you staple them? Also, did you staple all supporting documents for an application (say I-130) using one big staple?

Nehul said...

Anon,
Address looks correct according to I-130 instruction pdf.

Nehul

Nehul said...

RoboticVision,

I staple passport copies e.g. you will have 4 or 5 pages for passport. After that I use post-it and wrote "Passport copy of ".

I used big pin to keep the entire I-485 application documents together instead of using big staple.

Nehul

Anonymous said...

My father passed away earlier this year and I am filing GC just for my mother now. In G325 and 485, should there be a mention of my father in the termination of marriage, previous marriage etc. Since marriage was not terminated. I did check the current marital status of my mother as "widower" but did not mention her marrige date etc in 485 and G325, will this be a problem

Anonymous said...

one more question:

I am filing for 130 an 485 at the same time.
should there be multiple set of docuemnts while mailing? Meaning...I am sending 130, 485, 131, G325, 693 and 864.
And should I make a set for each (with a cover letter for each) and an overall cover letter and mail them.

or

do 2 sets of documents
1) 130 with G325
2) for 485 (in the 485 set add 693, 131 and 864)

Clip the 2 sets - put them in one enevlope and then mail them to

U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120

there is so much paper work and repetition, I am confused. thans in advance for your help.

Nehul said...

Anon,
Yes you have to mention about previous marriage even if your father passed away. It might generate RFE or question during interview but I am not sure what USCIS will do?

Nehul

Nehul said...

Anon,
Do 2 sets of documents & mail to address you mention.

Nehul

Anonymous said...

Hi Nehul or anyone,
First of all, thanks a lot for previous help and information. i am wondering that when will i receive my the I-485 receipt? Unfortunately, i had to resubmit my applications and fees due to fees raise. Rejected receipt # starts with " MSC XXXXXXXXXXX ". Will uscis send the new receipt with new receipt #? The checks were cleared and withdrew already on DEC 24. Howevere, on my porfolio from USCIS website status hasn't changed anything yet. Just my curiosity and concern. by the way, when i got back the rejected applications and fees, it looks every paper has been scanned and stapled together. The notice said put this green notice paper on the top of the file and please send back correct fees with it. We will pay special attention on this application. I would appreciate that if someone tell me something. Looking forward to your kindly information. Sorry about that for long question.

Regards,
Tobie

Nehul said...

Tobie,
You should receive I-485 receipt around 1st week of Jan, 2011 + holidays.

Nehul

RooticVision said...

Nehul:

In the website http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=b1ae408b1c4b3210VgnVCM100000b92ca60aRCRD&vgnextoid=b1ae408b1c4b3210VgnVCM100000b92ca60aRCRD

the current fee for I-485 is $985. Does that include the biometric fee of $85? Would the total fee for I-485 be $1070?

robotic_vision said...

Hi Nehul:

In the USCIS website http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=b1ae408b1c4b3210VgnVCM100000b92ca60aRCRD&vgnextoid=b1ae408b1c4b3210VgnVCM100000b92ca60aRCRD

fee for I-485 is mentioned as $985. The biometric fee is $85. Does the $985 include the $85? Should the total fee for I-485 be $1070?

Thanks

Anonymous said...

Dear Nehul Ji,

My mom lives in Pakistan. I'd like to sponsor her for Green Card. I've a couple of questions:

1. Does it take the same time for the GC process for Pakistanis as Indians?

2. Will hiring any attorney make the process faster than if I do it on my own?

3. Do I need the signature on my mother on I-130 & I-485 forms?

Thanks and regards,
Raj

Unknown said...

I got receipts of 485 and 131 last week. Does this mean the application was accepted and that all paperwork was in order?

Nehul said...

Raj,

1. I am not sure Pakistanis GC process take more or less time compare to Indians or any national.

2. I don't think hiring lawyer will speed the process but it will be lot easier for you & chances are less of mistake or RFE generated (make sure you hire good lawyer)

3. I-130 no signature. I-485 requires applicants signature.

Nehul

Nehul said...

Sidy,

It means all the application fee and other forms are in place. Now just check for update on USCIS site by entering receipt number.

But they can generate (Request for evidence i.e. RFE) if something is missing from your application (just a example I-693 medical exam form or birth certificate related query etc..)

Nehul

Anshul said...

Nehul,
My parents I-94 expires on Jan 26, 2010. I will have all the paperwork ready in couple of days for filing 130 and 485. Is 2 weeks enough time to get src no.. or the fact that I mailed the application before I-94 expiry is enough ? or will I be better off applying for B2 extension first ?

Nehul said...

Anshul,

If you get receipt before Jan 26,2010 you are good. Best bet is to make sure you include correct fees, documents & send it correct address. If you do that right you will get receipt in very short time. It looks like you are ready to file in couple of days but don't delay further (B2 extension is too late).

Even if you don't have medical exam or some documents missing you will get RFE and sometime reply. But getting your application now is must to avoid overstay i.e. illegal status after Jan 26, 2010.

Nehul

Anshul said...

Thanks for the reply Nehul. I read on some other forums that 180 days or less of overstay for parents of USC is forgiven during the filing of I-130/I-485 ?. Any idea if this is true ?

Thanks again
Anshul

Nehul said...

Anshul,

If your application reach before Jan 26, 2010 will be good in case they have to appear for interview. I mean if you think it is not possible to send documents in couple of days you should file when they come back again on B2 visa.

But if you have all the forms, documents & fee in correct order just mail it since you have enough time (15 days) to get receipt in hand (they put receiving date stamp so you are good to go).

But again don't rush if you don't have everything in order because if your case get screwed up it will cost your more to hire lawyer and many sleepless nights (honestly it's better to apply on clean slate).

Nehul
Nehul

Anonymous said...

Hi! Nehul
thanks a lot for previous help. After i resubmitted the correct application fees, i got new receipt #s. However, whenever i checked status on USCIS and 1-800. It says the number that i entered couldn't find. However, my parents got the letters for finger print appointment with the same receipt #s. Do you have any idea what should i do? Do you think that the processing is ongoing? And another one question. Normally, after getting finger print appointment letter, how long does it take to get interview? I am planning to go out of country in April, if my parents get interviewed around March. Appreciate all your help & information.

Regards,
Tobie

Anonymous said...

Nehul,
If I apply for my mom and dad, both applications for each individual need to be in a separate envelope, if that is the case, their finger prints and GC interview might be on two separate days. Also when you talked about your parents interview you had mentioned the question why you did not apply together -130 / 485 (applied separately not knowing we can do it together..no problem here). can you elaborate on that a little more on this. Lat, what I went through the whole thread but couldn’t figure out why do I need cover letter for each form.

Thank you

Nehul said...

Tobe,

After finger print appointment it will be around 3-4 weeks for interview. But I will not advise your parents to leave country (unless you are going alone)
You have to create account on USCIS website and enter your receipt number (make sure you enter correct number starts with MSC if I am not wrong)

Nehul

Nehul said...

Anonymous,

No preference how you apply i.e. I-130 first or I-130/I-485 together. In interview we mention that we didn't realize we can apply together nothing intentional.
Yes you have to make separate application package per applicant. It is possible they might be called together or separate (USCIS never know in situation)
Last cover letter help in organizing entire application. Once you arrange all documents you will realize it is better presentation and easy for officer to check your documents.

Nehul

Anonymous said...

Hi! Nehul
yes, i did have portfolio at USCIS. i did try to add that MSC #s. it said file is not correct or can't find. thanks for information. really appreciate your advise and help

Regards,
Tobie

Unknown said...

Hi...how does the process and timeline work..after you file for 485/130/131...
fingerprinting
interview
i551 stamp
get green card?

what is the time gap between these procedures...thanks.

Nehul said...

Sidy,

It is not possible to predict timeline between process. But I-130 takes anywhere from 3-5 months (even more if RFE is generated). After that fingerprint and add 2 months for interview and getting GC card in hand.

Again I-485 can take longer if RFE is generated but total without any RFE will be around 4 to 5 months and with RFE around 7 months.

Nehul

Anonymous said...

Nehul,
You blog is SO HELPFUL! Can you help me on the following question? Can I apply the green card for my parents separately? My dad is here for 2 months and his B2 visa will expire in May. My mom is currently applying for B2 visitor visa. As you mentioned, it is better to apply I-130/485 after 90 days stay, I have to apply for my dad first when my mom is here. Then after my mom stays for 90 days, apply again for my mom. Is that OK? Thanks a lot!

Nehul said...

Anonymous,

Yes you can apply for your dad right now (I-130/I-485 together). When mom arrive on B2 visa you can apply anytime after 45 days. I haven't seen 90 days official rule.

Nehul

kumar said...

Hi Nehul, Thanks for your time/blog, its like a cake walk and I applied last week GC for my parents(who are in USA on B1 visa)
and got the acknowledgement with File #. Now as I got the ackonwledgement file No# for 485, their Visitor visa status changes and visitor insurance is not more applicable

Can you pls suggest which insurance carrier you have choosen for your parents. my parents are 65++ can you give me some tips for their health insurance

thanks for your time
Kumar
lalithkc@gmail.com

Nehul said...

Kumar,

It is tough to get proper health care parents in US (that's a fact hard one)

If they are in California they can get Medi-cal (state sponsor health care). They are not eligible for Medicare (federal sponsor) till they spend 5 years in US (after getting green card).

If they are not in CA check with state social service agency if they can get any benefits. If nothing works you have to get very expensive out of pocket insurance.

Good Luck.
Nehul

Unknown said...

Nehul, is it safe to go to india once fingerprinting is done and I131 is approved? or better to go after interview? Do my parents have to be here in US for any process, stamping after the interview is done. Thanks

Nehul said...

Sidy,

Parents should not leave US after fingerprinting because they might call for interview (not necessarily it will happen but chances are high these days).
So I will not recommend even if you have approved I-131 for parents to travel outside US.
Now officially they can travel no harm to GC process. Unless you have a very strong and valid reason to travel.

Nehul

Unknown said...

got an RFE for birth certificate, problem is dad was born in karachi before partition, how do i get a letter from gov authorities that birth certificate does not exist, does it have to be from karachi??? or can i just get it from the place he lived when he was child....

Nehul said...

Sidy,

You need a letter of non-availability from government office (basically says birth record can't be found). After that get two affidavit from close relative (if your dad's parent alive they should do it otherwise any adult who knows him and close to his age)

So three documents will resolve your birth certificate issue.

Nehul

Unknown said...

any goverenment office? does matter which town municipality i get it from? thanks !

Tobie said...

Hi Nehul or Someone,
Thanks a lot for the previous help & information, Nehul. Both of my parents cases went well. They both got receipts. Even got finger print appointment. Tomorrow is for my dad and the day after tomorrow is for my mom. My mom even got interview date which is on Feb 16. My dad hasn't got his interview letter yet. i am wondering, does anybody have experience like me. i thought both of my parents would get interview on same time. Please if anybody knows something, let me know that. i am so concerned about it. i really appreicate your help and information.

Regards,
Tobie

Nehul said...

Sidy,

The place where he was born.

Nehul

Nehul said...

Tobie,

Don't worry his turn will come might be little late not necessary they will call them together.

Nehul

Unknown said...

Nehul, that is the tough part, my father was born in karachi and there is no way to get it from there since we dont have any links anymore to karachi...any alternatives?

Nehul said...

Sidy,

Try the the government office and explain them the situation see if they can issue "no birth record" letter on government letter.

Nehul

Unknown said...

Ok, i am getting a letter from gujarat government municipality, since getting anything from karachi, pak is impossible. also went to indian consul to get a birth certificate, lets see how this goes.

RoboticVision said...

Nehul:

I posted on this forum several times earlier and as usual you replied promptly with relevant information. I wanted to take the time to thank you not just for helping me, but on behalf of all those people who come to this forum looking for some clarity when they get lost in the jungle of USCIS forms and procedures. But behind these legal procedures what is more important that you are helping many children to be together with their parents and to be able to take care of them when necessary. Your timely and accurate information is bringing smile to many sons & daughters and peace of mind to parents who are looking forward to be with their dear ones. Keep up the good work and in my book you are already a hero.

Nehul said...

RoboticVision,

Thanks & appreciate for the kind words & glad I was of help.

Nehul

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