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:
«Oldest ‹Older 201 – 400 of 485 Newer› Newest»I second what Robotic Vision said so eloquently. Thanks Nehul, for being an oasis:)
Ak,
I appreciate your thank you note.
Nehul
RFE on birth certificate. I have procured the non availability of birth cert, should i send out in original or should it be a photocopy? thanks
Sidy,
NEVER send out original to USCIS. ONLY send photocopy. You need original to show during interview. Also original is your property.
Nehul
i just read the RFE again and it says you must submit an original written statement on government letterhead....
i guess they only mean that it is on a letterhead? and i should still send a copy of it?
Nehul, thank you.
@sidy,
How did you manage to get the certificate of non-availability so quickly! I tried to get one for my mom and it took me 3 months of running around:) Wonder which govt. office in India is so efficient:)
Nehul:
I received receipts for I-485, I-130 and I-131 from USCIS on January 28, 2011 (six receipts in total, three for each parent) for both my parents. When can they expect to receive letters for biometric appointments?
RoboticVision,
You might receive biometric appointment letter in 8 weeks (approx). But again with USCIS you never know. If you register receipt number online you might receive email update 1 week before receiving actual appointment letter.
Nehul
dear Nehul ,
my father is in India 76 year old . my younger brother in USA and got citizenship 2 year before . after how much time can h apply for green card for father and how much time it will take to get green card for father ,
thanks a lot
@Anonymous,
If younger brother got citizenship, he can apply for father green card anytime.
If you apply from India it will take around 7-9 months.
Nehul
Hello! Nehul
Thanks a lot for previous help and information. We made it through interview. We still need to wait the result because I submitted the I-130 & I-485 separately. Officer said he can't give approval without seeing I-130. May be just my case. I would like to share someone through your blog. Please advise someone like my case, give them a suggestion that someone should submit both files together. It won't be problem, if someone files separately. Only thing is time-consuming because Immigration officer has to track and bring back I-130 to him. thanks again. Good luck to everyone.
Regards,
Tobie
Tobie,
Now if you file I485 after I130 approval officer would have approved GC application on the spot during interview. Don't worry once I130 get approved (takes around 3 to 5 months) officer will issue GC.
Now if anyone who file separately will have such overlap or mismatch in timing. But filing separately give you more time for I-693 i.e. medical examination (only in case your parents are sick at the time of applying I130 and buy sometime before applying for I485 that needs I693)
Nehul
Nehul:
My parents got the appointment letters for fingerprinting. My question is will the officials allow someone else (like me and my wife) to accompany them in (or near) the room where they do the finger-printing. My parents are obviously new to the whole process and they would like if we take them to the USCIS office and be near them when the fingerprinting is done.
Thanks,
Rahul
Rahul,
Yes you or your wife can accompany during finger printing appointment. You can go as far as appointment desk at USCIS office but not sure they will let you stay with them at the actual finger printing terminal.
But they will let you or your wife stay with them all the way if you tell them that they don't understand american accent very well. I am sure it won't be a big problem even they won't let you stay, since it takes few minutes to take finger print.
Nehul
Dear Nehul,
You are truly a wonderful person with a big big wonderful heart to help out here so generously and promptly. One of amazing things I notice here from you is you are so patient and kind to reply every question asked even though the exactly same/similar questions have been asked again and again by different people. I am a Chinese from Taiwan and cannot help but read thru all the posting here tonight while searching info for applying GC for parents. All the best to you and your loved ones. (also, thanks much to Alok Patel http://blogs.sun.com/alokpatel/entry/citizenship_entry , where I found your, Nehul's site here. Also thanks so many valuable questions asked by different people here.
All is well,
Li
i want to bring my parents here but the question is
1. my sister has a citizenship , and she doesnt work so has no income, can i be co sponsor being on h-1 visa
2. if yes sister lives in california and they will be living with me when she will file there , would that be ok
Anonymous,
1. No you can't cosponsor. You must be citizen to do that. But your sister's husband can cosponsor. Even Green Card brother can't become cosponsor on GC application.
2. I mean they can live with you all the time even when they are processing GC application. Just don't mention that during GC interview, since your sister is sponsoring they are supposed to stay with them all the time (all on paper)
Nehul
Li,
Thanks for the kind words.
Nehul
Hi, once testing, interview and fingerprinting is complete, can my parents go back to india or do they have to wait until they have the green card in hand. is there any other process that takes place after the interview? thanks
Sidy,
No other process should take place after interview. During interview they should inform you about the result i.e. approval of GC (if your parents I130 was approved at the time of interview).
Your parents should have advance parole to leave the country and come back before getting green card in hand. It is not good idea to leave after interview (in case you don't have advance parole) because green card will be approved soon.
But it's entirely up to you & your parents to decide how important it is to visit india and risk factor involve.
Nehul
thanks. they have advance parole approved.
HI there. My son has his GC from July 2006 and is now married to US citizen, also in 2006. When can he apply for citizenship and how long after that can he petition for me. I am single parent with a small 10 yr old child and want to visit this summer to see my first grandchild, but it is so expensive to go and come back and go again, so I wonder if I can just wait there for him to be citizen.
Thank you.
Dara
PS. Oh, I am naturalised British citizen.
Dara,
I am confuse but here is simple answer
1. If he is not citizen he can't apply for your GC period.
2. But he can apply for your GC (even next day) once he receive his citizenship.
3. Let say he is citizen & you visit US this summer. He can apply for your GC while you are in US. This way you can stay in US forever because you will get your GC based on his citizenship. It will take around 4-5 months.
4. He is citizen and he apply for your GC considering you are in India or UK. It will take around 6-7 months to get your GC & you enter US having GC.
Now as I mention time frame varies greatly per case i.e. how well documents are prepared & clear for USCIS. If they generate RFE (request for evidence) it takes longer to get approval.
PS: Please note advise is not from lawyer so please verify & make sure you make your plans accordingly.
Nehul:
Both my parents are done with their finger printing. Any idea when can they expect appointment letter for the final interview?
RoboticVision,
It should be soon like 2-3 weeks to get interview letter. When you receive letter actual appointment will be after 3 weeks. So you are looking at around 6 weeks or so to get interview done. If their I-130 is approved by that time they will approve GC application after interview. After that couple of weeks to get plastic card in hand.
Nehul
Nehul:
My mom got a letter from USCIS asking her to get her finger-printing done once again. The first time when her finger printing was taken, the lady who assisted her told that some of the finger-prints are showing as somewhat faint/unclear in the system software. She said sometimes it happens because everyone's finger patterns are not that prominent.
In anticipation that her finger printing may get rejected second time, I am trying to prepare for it ahead in time.
I found out from http://www.immihelp.com/immigration/fingerprints.html that "If the FBI rejects your fingerprints twice, you may be asked to provide police clearances for each place you have lived in the past 5 years. You will need to contact the appropriate police department in the place you have lived in the past 5 years".
My parents came as visitors to US on October 25, 2010. Before that for last 10 years, they were living in the same location in India. My questions are:
(1) Is it okay if I get the Police Clearance from India only? Or do we need to get an additional police clearance from local California county as well? (My understanding is that she is here in California as "visitor", and not "living" here yet)
(2) Is there a format for such police clearance? A Sample would help
(3) Is it okay if it is signed by a local Police Inspector from that location in India where they lived?
Thanks in advance
Hi Nehul.
I was applying for the GC for my Dad and need to clarify the following
1) My Dad is a widower, and does not have a marriage certificate. Do I need to get a certificate of non availability of Marriage certifcate from India and have Two Individual Affidavits attesting to his marriage (One each from my mom and Dad Side)or just Individual Affidavits would suffice? Also we need to Notarize the Marriage Affidavit?
2) Is Filing I-693 Mandatory. I am filling out I-864 and have sufficient asset/income to support my dad?
3) Does filing for Advance Payroll (I-131) impact GC processing. I wanted to file for Advance Payroll just in case a need arises for my Father to travel back to India ( He is currently in US Since 11/15/11)
TIA
egards
Amit
Hi Nehul,
I'm planning on getting the medical exam done for my mom by a uscis certified civil surgeon. I have not got any vaccinations done from India. Wondering if this will cause delays in applying for GC. Please let me know.
thanks,
A Krishna
@RoboticVision,
It happen with my parent as well & after second finger printing everything went well. In case it is rejected you only need letter from India i.e. local police station. I am not sure US police has to do anything but for backup you can get one.
Nehul
@Amit (Tahil)
Answers to your three questions
1. get a certificate of non availability of Marriage certifcate from India and have Two Individual Affidavits attesting to his marriage (One each from my mom and Dad Side). Also get attach death certificate of your mother (Sorry to hear)
2. I-693 is medical examination form & it is MUST.
3. Advance Payroll (I-131) has no side effect on GC processing. In fact it is good & FREE option while applying I-485.
Nehul
@Krishna,
USCIS certified civil surgeon will decide which vaccines are required for every individual. Even if your mother need one that can be done with I-693 examination. After that doctor will mention about it in sign I-693 form. Don't worry doctor knows all about this. (make sure you get additional copy in enclose envelope with doctor's office stamp on it)
Nehul
Thanks very much for clarifying that Nehul!
Regards,
A Krishna
Nehul:
My parents who are currently in California already have receipts for I-485. They came to California as visitors on October 25, 2010. Their visitor's visa expires on April 24. From what you mentioned in this forum, my understanding is that they DO NOT need to extend their visitor's visa to stay legally in US. As they already have their I-485 receipt letters, they can stay here legally until a decision is taken about their green card. Is my understanding correct?
Thanks a lot Nehul for your prompt reply, Also could you confirm if the Marriage Affidavit needs to be notarized? (If obtained from relatives residing in US).
Regards
Amit
@RoboticVison,
Yes they can stay here till they get their GC. In short after April 24th they won't be illegal if you fear about that.
Nehul
@Amit,
Yes please notarize all the affidavit and any translated documents.
Nehul
is the advance parole taken by the officer during interview if you are approved for GC? i thought they give it back to you even if you are approved. My parents were approved at the interview and were told that cards will appear in 2/3 weeks? they have a ticket booked on the 5th may and am worried if gc does not come, they do have advance parole either with them?
Sidy,
Once you are approved you don't need advance parole documents. Card should come in before 5th may for sure (unless your address change very recently)
Even if they don't have card in hand they can travel back to India. You can mail plastic card to India. While coming back they have to use the card. But I will avoid such situation unless it is emergency to travel back.
Nehul
Nehul, GC approved, Card Received in a week! Thank you for all the help.
last question: on the card it says category IR0, are they allowed to work under this category?
Sidy,
I am not sure what does that mean but they can do anything they want now.
Nehul
Nehul:
My dad got his fingerprinting done on March 16. It has been almost a month now, and he has not received letter for interview.
My mom got her fingerprinting done on March 16 as well and she got a request for getting her finger printing done again (next week).
I am little worried about my dad's case. Any insight?
Thanks in advance
Hi Nehul
I am planning to apply GC for my parents. They do not have their birth certificate. They however, have their school records stating their date of birth. Will that do?, If yes, do they need to submit a letter stating why they do not have their birth certificate.
Thanks
Sheena
@Sheena,
Short answer no. They need letter from government office of non-availability of birth record. Plus two affidavit from close relative who had knowledge of their birth place & time. I mean get someone close to their age to do it.
Also if you please search my blog I answer this multiple times about birth certificate issues.
Nehul
@RoboticVision,
Sometime it's hard to predict such delays. Please give them a call at 800 number provided in receipt or letter. I think sometime that helps. I mean explain them what happen last and you are still waiting for hear about next step.
Nehul
Hi Nehul,
On the I-94 paper stapled to my mother's Passport when she entered the USA, the officer who has written the slip of paper and attached it has made a spelling mistake while writing her first name. In the I-485 form, there is a field which says "Give your name exactly as it appears on Form I-94, Arrival-Departure Record"
Should I enter the incorrect spelling of her first name as it appears in the I-94? I'm very concerned about this, please let me know what I should do.
thanks,
A Krishna
Krishna,
I don't think officer wrote the name. It's your parent who fill out that form before going to custom officer. So write correct name but you can explain with letter saying it's mistake of custom officer in writing her name on I-94. Unless you have different name in other documents as well.
Nehul
Hi Nehul,
Thanks very much for your quick reply! What happened is that my mom did not fill out the I-94 form with her name and birthdate, she left it blank before she went to the custom officer at port of entry. The custom officer filled out the information based on her passport. That's how the spelling mistake creeped in. I'll draft a letter regarding this and attach to I-485 application.
Thanks again for your help.
Regards,
A Krishna
Hi Nehul,
My mom is in The US now with a B2 visitor visa,her visa extension got denied just a week ago(her original I-94 expired on Mar 2,2011).I really need my mom to stay with me and decided to apply a Green Card for her.
Do a denial B2 visa extension will effect a Green Card application for my mom?.
Any special paper work do I need to submit for this case .
Or Any suggestion for me
Thank you
Nadhi
Nadhi,
Your mom is illegal if her extension is denied based on B2 visa. Now will that effect her green card application... answer is NO.
But it can create problem during interview. I mean they will ask why she over stay etc etc..
If you feel nervous I suggest consult lawyer before applying her GC.
Next time when she try to come back on visitor visa custom will her trouble for last overstay, so it's good idea to get her GC right now.
Start with I-130 & I-485 together. You need I-693 done ASAP as well. In short try to get everything going in ASAP manner and apply for GC. Once you get I-485 receipt in hand she can legally stay in US till she get her GC.
Nehul
NOTE: What I suggest is my opinion, so please take decision accordingly.
Nehul,
I Finally filed for my Dad's GC on 4/20 and so far got email confirmation with receipt number for I-130, I-485 and I-131. The cheques have been encashed but I still have not received physical copies of I-797. My dads I-94 expires on 5/14, I wanted to check with you if it is legal for him to stay beyond that date given the scenario that there is further delay in receipt of I-797 for his I-485 or just the receipt number provided in acknowledgement email sufficient to make his stay legal.
I am still unable to track his case online with the receipt number.
pls advice.
Tahil,
He is legal to stay here till they make decision on his GC case. You should receive paper receipt in 7-10 days.
Nehul
Nehul,
I have a date related question for applying the I-130 and I-485 process for my parents. I am planning to apply around 60 days after they are here with B-2 visa. Is this too soon or should I wait after 90 days? Also, can I get my parents to do the medical exame I-693 first soon after they arrive in US? If no, how many days do you recommend me to wait for I-693? Thanks a lot!
Sun,
I think 60 days wait time is fine. I did it after 45 days.
Also I-693 must be done in US after they are in US for 30days. Also make sure you do that before you apply for I-485 (in face you have to include that with I-485 form)
Nehul
Nehul:
Both my parents got the letters for interview. The date is approximately a month from now. I would appreciate if you can answer few questions regarding this:
1. What kind of questions usually they ask in the interview?
2. Can I accompany them in their interview? Meaning can I (the petitioner) be present in the same room with one of my parents when the interview goes on?
3. What kinds of documents my parents are supposed to carry with them?
4. When I check online it does not say their I-130 has been approved yet even though both I-485 and I-130 were sent together to the Chicago lock box. What implication does it have on the interview?
Thanks in advance
RoboticVision,
1. All the question ask to my parents during interview are listed on first page of this blog (near the end of my first post)
2. Yes you should go with them during interview (you are allowed to go with them)
3. Keep original copy of all the submitted documents.
4. If I-130 is not approved during I-485 interview they won't approve GC on the spot but let you know that once I-130 is approved your parents will get GC. (Don't worry just little more wait that's all). But maybe I-130 will get approve before they go for interview.
Good Luck.
Nehul
Hi Nehul,
Do you know how long one can travel out of the country on Advance Parole? i.e. once advance parole is approved, can one make a trip to India for 5-6 weeks? Will that affect the GC process in any other way other than just the delay time added to the processing? Please let me know.
Thanks in advance,
A Krishna
Krishna,
I think around 90days should be safe time frame go and come back.
Nehul
Thanks very much for the info Nehul!
Regards,
A Krishna
Hi,
I have a question regarding applying green card for my mother in law. She is a govt employee and requested for a 3 year leave and got rejected. She got only 6 months leave and once she is here, i can only apply green card after 3 months. So, she will have less than 3 months in which she has to get here advance parole or green card to leave from usa. Can she get the green card or advance parole in time within 3 months? Are we taking a risk here?
Thanks,
N
@N
You can apply for her green card in 45 days. You should apply I-130/I-485 (get medical exam done i.e. I-693) and apply advance parole with I-485 since it is FREE.
If you do that in 60 days i.e. apply both I-130& I-485. It is possible to get advance parole application approved before her 6months visa expires.
But once you receive I-485 receipt of acceptance she can stay in US till she get her green card. But at this point you are more worried about 6 months time frame for her to get back on advance parole to India. I think that is doable but as always with USCIS you never know.
One important thing you should get all the documents in place i.e. birth certificate, marriage certificate and everything else before she arrive in US to avoid any delays in applying GC.
Nehul
Nehul:
Both my parents have the interview on the same day with a gap of one hour. I have two questions
1. I noticed that you mentioned that they would like to see the original birth certificate of the petitioner (that's me). Now if both the interviews happen more or less simultaneously, how would I show the original for both the interviews?
2. Is it possible for my wife to accompany one of my parents in the interview room while I go with the other parent?
Thanks in advance
RoboticVision,
1. Good question and they will do it together if I am not wrong. You can speak to someone at the office before going for interview.
2. Yes you should do that in case they are called separately (I doubt they will do that if you explain to them)
Nehul
I am filing I-130 form based on the "Instructions for I-130, Petition for Alien Relative". In the instructions under the heading "What Documents Do You Need to Show That You Are a U S Citizen" it is mentioned that
- A copy of your naturlization certificate needs to be sumbitted.
My question is what does a "A copy of your naturlization certificate" means? Does it mean a normal photocopy or it means a true copy of the naturlization certificate which needs to be requested from USCIS?
@Arti,
It means a true copy of the naturalization certificate which needs to be submitted with
I-130 application.
Nehul
Hi Nehul,
I have got an "Initial Interview" appointment letter for I-485 for my mom. I have applied for both I-130 and I-485 together. Is there more than one interview before the GC is approved? Also, if I-130 has not been approved by the time of interview, will they approve I-485 at the interview? I'm a little bit confused about these stages.
Thank you in advance for all your help,
A Krishna
@Krishna,
1. ONLY one interview for I-485.
2. If I-130 is not approved by the time of I-485 interview they will not approve GC on the spot. But that means your GC application will approve as soon as I-130 gets approve.
So basically you will be waiting for i-130 approval which will clear everything for USCIS to approve this application.
Don't worry it is just a process sometime I-485 interview happens fast etc...
Also finger print should be clear otherwise you have to wait for that as well.
Nehul
Nehul:
Both my parents got their cards. Thanks for all the information your provided patiently and meticulously.
Is there any other formality left before they can travel to India?
Hi Nehul,
Thank you so much for the information! Do you know if they send any confirmation saying the fingerprints were accepted. The first time it was rejected and we had to go for a second appt.
Regards,
A Krishna
@RoboticVision,
They are free to travel but they can't stay for too long outside of US on GC.
Nehul
@Krishna,
No receipt of acceptance but you should get something for rejection. But you can always call USCIS on 800 number provided on notice (I won't worry but if you want to make sure)
Nehul
Thanks Nehul, that's helpful!
Regards,
A Krishna
Hi I am confused in what to write on Part 1. of I-131 Travel Document "Class Admission" My parents came on B2 Visitor Visa...so do I write in B2??? not sure please advise. any help will be much appreciated. Thanks in advance Paula
@Paula,
Yes B2 visitor visa.
Nehul
Hi,
My mother came on F1 visa 3 years ago and has maintained her status. Her I-20 is valid until 2012, she just completed spring semester and is on summer brake. If I apply for her I-131/I-485 before the fall semester starts in september does she still need to register for that semester to stay in status? Also, she was out of the country for 4 weeks on vacation and just came back, do I still need to wait 45 days to apply for her GC, eventhough she has been here as student for 3 years?
@Anonymous,
Yes you can apply for your mother's GC. After you send I-131/I-485 application USCIS will send you receipt. Once you have receipt (that has case number to track the progress online) she can stay here till GC application is approved.
You got 3 months and if you send out everything in July it will be enough to get receipt of I-485.
Nehul
Nehul,
Thank you for your reply. Should I wait 45 days to apply for GC and do medical exams, since she reentered the country on June 29th?
Thanks!
@Anonymous,
Since she was here for long time, so 45 days wait is not required. You should do medical exam right away and attach that with I-485.
Nehul
Hi Nehul,
my parents are applying for Green Card, they came here on B2 visa...so we are applying I-485 and I-130 together do you know which location do we send our application? is it LockBox in Chicago...we live in California....thanks in advance...
Karen
hi Nehul,
my parents are going to apply for I485-I-130 together can they also apply for employment authorization I-765 at the same time?
thanks for your time
moe
Hello Nehul,
i have a question on form I-485, in part 3. Processing Information: it ask Were you inspected by a U.S. Immigration Officer Yes or No?
I dont understand this question. my dad came to the US with me...are they asking if they stamped I-94??? Can you please clarify this question.
thanks.
arashy
@Moe,
Yes they can apply for employment authorization i.e. EAD. However, I don't see a big advantage in this category. Since they get GC pretty fast compare to someone apply based on employment i.e H1 visa.
So I don't recommend but you apply for it without any effect on GC processing.
Nehul
@Karen,
USCIS website has I-485 instruction pdf, which provide a mailing address for I-484/I-130 application for California state.
Please check out I-485 instruction pdf at following location to get latest address.
http://www.uscis.gov/files/form/i-485instr.pdf
Nehul
@arashy,
You have to say "Yes" he was inspected. I mean if you say "No" means nobody inspected him i.e. custom office verify his documents and stamp his passport.
Nehul
hello Nehul,
my question is on Form I-864 Affidavit of Support..what do i enter as for my income? I am self employed, should i enter the adjusted gross income or total income, my 2010 income was Form 1040 Self Employment.
Thanks a bunch....
@Anonymous,
I am not sure about the self-employment things. However, you have to enter your total income reported on a tax return. Remember you have to provide everything during GC interview, so don't make any mistake, i.e. tax return and I-863 income should match.
Nehul
Hi Nehul,
In the interview letter for I-485 it says "If you have children, bring a Birth Certificate for each of your children". I have a brother who is also living in CA but he's not the petitioner. Should I take his BC to the interview? I'm the petitioner, isn't my BC enough? I'm very concerned about this as I just noticed this. I would greatly appreciate your earliest reply.
Regards,
A Krishna
Hi Nehul,
Also, what will happen if I am unable to provide my brother's BC during my mom's I-485 interview? Will they reject the application or will they generate an RFE. Please let me know.
Thanks,
A Krishna
@Krishna,
You should provide your brother's birth certificate if document mention it. However, If you don't have a birth certificate provide something else e.g. green card or photocopy of birth certificate (in case you mean original).
I don't think they will reject your mother's GC since your brother is not a petitioner. However, you can inform an officer that it was impossible to get your brother's birth certificate in time for the interview.
Nehul
Thanks Nehul. As it turned out, they didn't ask for my brother's BC at the interview. However, they told me get Police clearance from India as well as CA county:( Do you know if I have to provide a format letter to the Police Dept. in India or if they will already have such a format for clearance?
Thanks for all your help.
Regards,
A Krishna
@Krishna,
I don't have format for police clearance from India. However, I believe Indian police will have one (not sure though). You have to go to a local police station in India, and they will issue it (takes sometime depends on which city you are in India)
Nehul
Thank you Nehul.
Regards,
A Krishna
Thank you Nehul.
Regards,
A Krishna
trying to file Green card for mother and reading your post it seems that I-130 and I485 need to be filled together ..Am I correct ?
In I-485, part 1 information would be about my mother ..right ?
In part 2 (Application type) ..what do i choose ..Is it 2a ?
@Anonymous,
You can file together or separate it's up to you. But it's better to do it together (you can find tons of info on this blog for the same).
In 485 part 1 information about your mother (correct).
In part 2 - check 2a.
Nehul
In I-130 form , part C ( Information about alien relative) . Since my father passed away and i am filing Green card for my mother ..do i need to mention about my father.
@Anonymous,
No,you don't mention about your father. You have to provide details of relative who is alive.
Nehul
Hello Nehul
Thank you for the great blog and taking the time to answer all of our questions...
my question is:
I saw that you got the medical exam after 90 days of your parent's visit... does it have to be after 90 days? in your opinion do you think it is ok to get the exam and file after let's 65 days?
Another question:
Parents used to be in the US on a non immigrant working visa years years ago.. so they have a SSN (they only used it when they were allowed to work)... but now they are on a visitor visa (switched to it a while ago and would visit every once and a while)...I looked at the forms like i693, and i130 etc.. and it ask for the SSN if any.. in your opinion do you think the SSN should be included in the application?
Thank you for your time..
Hi Nehul,
After the I-485 interview is complete, are there any other steps for which we have to appear in person? Or will they just mail the GC?
Thanks,
A Krishna
@Danny,
1. Medical exam can be done anytime after arrival, but wait for 45 days make sense (kind of sensible decision but no official waiting period as of, I know)
2. If you have SSN you should include it. I am assuming they will ask this question in GC interview "why you want to apply for GC again." You should prepare to answer with a better explanation.
Nehul
@Krishna,
After I-485 they will mail you GC card if approved.
Nehul
Hello Nehul
Couple of questions as I am filing GC for my mother
1. In I-130 form section ( Information about your relative)..The section 2 is address details..does one fill US address as where my mother is residing or India address
2. Since filing I-13/485 together..ther are 2 fees for $420 ( for I-130) and $985( for 485). tehre is another $85 fee for biometrics..when does one file the $85 fee.. is it late ror does it need to be combined with $985+485=$1070
Thks
@Anonymous,
1. Yes mention current US address in 18 (one who sponsoring) and Indian address in 19.
2. Yes total $1070.
Nehul
Do i Need to get a true Certified copy for my certifcate of naturalization to file for my mother GC or can i sumbit just a copy ?
In the I-130 form it says " A copy of your naturalization certificate ...." and then it says
Copies: if the instruction states that a copy of a document may be filed with petition, submit a copy.."
@Anonymous,
Always submit photocopy of your documents (never original) but true copy of certificate of naturalization will be better.
Nehul
I am looking for civil surgeon in ST Louis, MO area, any idea how much they usually charge for the medical exam?
@Anonymous,
I don't have any idea how much dr charge in ST Louis, MO area. I know from my experience it runs around $250 to $500 (depending on how many vaccines and test to perform)
Nehul
I applied for my parents' green cards 3 months back and their fingerprinting was done two months back. Howevber, since then there is no news neither regarding its outcome nor regarding the status of I 130. Is this a routine t6hing or do I require to follow the case with some department?
@Anonymous,
I think three months is short time for GC approval even if finger printing was done two months back. It will take 3-5 months to get GC and I-130 takes longer in some cases. I think wait for 30-45 days and check your status online periodically. In my case, it took five months for GC approval.
Nehul
Thanks for your prompt response. I was worried more because their cases do not appear on the USCIS website for enabling me to track the progress even though I got receipts for their applications along with receipt numbers and letters from USCIS calling them for fingerprinting. Also their fingerprinting sessions did not go too well in the sense that the officers taking their fingerprints had to struggle a lot and in my father's case the officer remarked that he may have to come again for fingerprinting. I do not know whether such is the case with any of the other respondents in this forum. Please give your response. Thank you once again for your previous reply.
@Anonymous,
I know many cases where the finger printing session did not go well. If they don't like it, they will call for another finger printing. If second time they fail it goes to manual check from India, i.e. security clearance from India. I am not very sure how long that will take.
In some cases finger printing officer told a session was not good, but they never received second call for finger printing.
Right now you have an only option to wait and watch. At the most you can make a call to find out what's going on.
Nehul
Thanks once again for your prompt response. Your blog is really a very helpful one for the people like me who are not seeking assistance from lawyers and doing it on their own. I will now wait for some more time and see the outcome. My only concern was that the status of their cases do not appear on the USCIS website and so do not give me any clue as to where we stand. Do you have any suggestion for this ?
Thanks once again for your help.
@Anonymous,
You have to enter the receipt number on the website before that you should open an account on USCIS website (you know that). Please double-check the number. Receipt has 800 numbers to verify status of your case. Even 800 numbers will ask you to enter the receipt number to give status info. If you are not sure, which is the correct number, then it starts with letter M or something (check on other forums where people have posted that info) Hope that helps.
Nehul
I read through the posts and have an understanding that if I file 485 and 130 togther for both parents, I will need to prepare two big packages each for a parent, and in each big package, I need to prepare two envelops, one for 130and supporting forms, and the other for 485 and supporting forms.
My questions are: (1) if I file 131 together with 485, do I put 131 form in the same envelop of 485? (2) according to your post, 131 would require I94 copies, parent passport copies, and 2 color photos as supporting documents. Do I need to put these documents in 485 envelop too? reason for asking is that the same documents are already there with 485 application. Does that mean I need to put 2 copies of these supporting documents in the 485 envelop?
Thanks in advance for helping.
@Anonymous,
Yes, you have to attach required documents with I-131 and I-485. In short, two copies of same documents if they are required in I131 or I485.
You are sending two forms together because of priority date is current for I-485. Both applications get processed in different application center, so don't assume they will share one copy for two applications. Please send photocopy ONLY no original ever.
Q. Does that mean I need to put 2 copies of these supporting documents in the 485 envelop?
A. Yes
Nehul
Nehul, firstly thank you so much for quick replies.
I have a question regarding the passport copies. You mentioned that the copies of non-blank pages of parents' old/new passport are needed. How about for my own US passport? Do I need to copy the blank pages or just the non-blank pages?
Thanks again!
@Anonymous,
I assume you are sponsoring your parents, in that situation yes include your empty passport pages. You have to include certified copy of citizenship.
Nehul
Hi Nehul,
What do you mean by "certified copy of citizenship" ? Do you mean a notarized photocopy of the citizen certificate?
BTW, the sample cover letter link you mentioned used G-325A for I-485 application, while your original post mentioned G-325. Which one shall be used?
Thanks!
@Anonymous,
1. Yes
2. Sample of G-325A
http://www.immihelp.com/forms/g-325a-sample-biographic-information.pdf
Download and fill this out
http://www.uscis.gov/files/form/g-325a.pdf
You should always go to uscis.gov website and checkout the latest forms. Always check expiration date on top for every form.
Nehul
Thank you Nehul.
Looks like the new G-325A only has 1 page (plus an instruction page) rather than 4 pages before. The expiration date is 8/31/2012. After I save the file, it did not magically turn into 4 pages as I saw people talking about the old fg325a form.
I am not sure whether other people who filed recently also see the same.
Zhifeng
@Zhifeng,
1. Link to G325
http://www.uscis.gov/files/form/g-325.pdf
2.Link to G325A
http://www.uscis.gov/files/form/g-325.pdf
I don't know about 4 pages of G-325 or G325A. Above link has 1 page form and instructions (that's what I filed)
Nehul
Hi Nehul,
I am applying green card for both parents. I put their applications in separate envelops. Appreciate your help with couple questions:
(1) in I-485, part 3-B, when putting the husband/wife's names for either of my parent, shall I choose "Yes" or "No" for question "Applying with you?"
(2) when I mail the applications, shall I mail them separately or I shall use a single bigger envelop to contain the two smaller seperate envelops, and mail together.
Thanks for your help!
@Anonymous,
1. If you are dad and mom applying at the same time, then YES. (Only dad or mom then NO)
2. One big envelope and two smaller envelope for I-485 and I-131 will do the trick. You can double check the mailing address from, I-485 instructions pdf i.e. address where you can send I-485/I-131 together (it comes with I-485 form)
Nehul
Hi Nehul,
Thanks for your prompt response on my earlier query posted on 23rd January 2012. My father was asked to go for fingerprinting once again and this time too it did not go very well. However, both my father and my mother got letters to appear for interview on 23rd March 2012. Does this mean that the issue of fingerprinting is resolved in my father's case ? Also they have asked to bring the originals and copies of all documents such as Birth Certificates, US Passport, Naturalization Certificate etc. Since we had submitted all these at the time of applying why are they asking for copies once again. I can understand that they want to see the originals. Also they have asked to bring I 693 and I 864 along with supporting documents if not submitted earlier. Since we had submitted these along with all supporting documents, do we need to once again prepare the sets of I 693 ( only copy possible since original signed by the Physician and sent already) and I 864 along with tax returns, W2s, Bank statements, 401 K etc. ?
Also will they inform us about the outcome of the application on spot if they have I 130 approval in hand. We do not know so far as to its status.
Thanks in advance.
@Anonymous,
Q. Does this mean that the issue of fingerprinting is resolved in my father's case?
A. Yes, it is resolved but in any case, they will let you know the final answer during the interview if your, I-131 is approved.
You have to carry the original copy of all the documents you submitted with your application, i.e. I-131/I-485.
If they have to ask about I-163, then get photocopy (that's the only option you have)
Same things for I-864 and related documents i.e. get W2, tax returns, etc. copy and original.
In short provide them the original (whenever possible) copy of all documents submitted with GC application during interview.
Nehul
ffireHi
Thanks once again for your prompt response to my last query. I will carry the documents ( Original + Copy ) of all the documents submitted at the time of submitting the application.
Hi Nehul
First of all thank you for all the help your blog has given to people like us in applying for our parents' GC. My parents were called for interview on 23rd March. For the benefit of the readers of this blog, they were taken together by the officer and I was allowed to accompany them. The officer then asked few questions to me regarding the I 130 application and few questions such as DOB, father's name, place of birth etc to each one of my parents. Then the officer gave a notice confirming approval of I 485 and I 130 applications and told that the GC will be delivered within 3 - 5 weeks. In fact, GC arrived in 8 days.The whole interview for both together took 15 - 20 minutes. I was worried about my father's fingerprinting issue which had not gone very well even during second attempt, but luckliy everything turned out ok. The whole process took 7 months after they landed in US and although the visa was for 6 months there was no problem; the officer took away the I 94 cards in anticipation of issuing of GC which is to be used for international travel.
Anyway, thanks once again to you, Nehul for the great work you are doing and helping out the people by spending your time.
May God bless you!
@Anonymous,
Good to hear that your parents got GC. Thanks for posting interview details and kind words.
Nehul
Hi Nehul,
Thank you for your kindness to answer all the questions. I have a question. Why there is a 90 days rule to apply GC after parents arrived in US? Can I apply for my Mom as soon as her gets here in US to apply I 130 and I 485?
Thanks JAmber
@jamber,
I don't know about any official 90-day waiting period.
In my case, we applied within 60 days and got green card.
My advice will start paper work from day 1 and file after 45 days. You need sometime for medical exam and fill out forms.
I think it will help you in an interview if they ask you why you applied right away? Remember while applying for visitor visa you mention you want to visit ONLY. In your defense, you can mention parents change mind after staying for 45 to 60 days (they like US a lot, etc....)
Nehul
Nehul,
Thank you for your quick reply. I don't see anywhere on I-130 or I-485 that requires the medical check up at the filling time. Is it required later after her case approved? Yes. I may misunderstand the 90 day rule but I would file the above forms sooner than 45 days. I hope it does not create a problem at the interview time. My Mom is 80 years old. she has been in the US twice in the last 20 years but just now decided to live with me. Is this a good point for her quick filing decision?
Thanks again,
JAmber
@jamber,
If you look at the first page of the blog where I have specified all the documents required for I-130 and I-485 with Parent Medical Exam - I 693
Medical exam is must for I-485 otherwise they will generate RFE (request for evidence notice) and ask you to submit I-693
You should do the medical exam before sending I-485 I think you should be fine filing before 45 days but advise you to file after 30 days.
Nehul
Nehul,
I see I'll take your advice to get I-693 done and mail it with I-485. I looked online. Right now I-130 needs to be filed electronically online. The download form for I-130 is expired ( on the upper right corner said Expires:01/31/2012). Is that mean I can't mail the hard copy anymore?
Thanks a lot for your time.
JAmber
@jamber,
Yes, you can use that form. here is the note from USCIS website
"Note on Expiration: USCIS continues to accept the 01/08/12 edition of Form I-130 available here despite the passing of the form's expiration date. An updated form will be posted as soon as it becomes available."
All forms and information is available at following location of USCIS website
All forms link
checkout informative pdf from USCIS on I-130
I-130 informative link
Nehul
Nehul,
You are great!
JAmber
Nehul,
Where it said to wait 90 days of stay to file for I-693? Can file I-693 together with I-485 along with I-130 after 30 days?
Thanks,
JAmber
@jamber,
You have to file I-693 with I-485. It is MUST otherwise USCIS will generate RFE (as I mention earlier)
I don't know any official rule of 90 days waiting but mention my reasoning in earlier post. In short you can apply for I-485 & I-130 together after 30 days but remember I am not lawyer or have inside knowledge of your case or situation (many reasons people get rejected and impossible to discuss here.. you know what I mean)
You have to file all the documents mention in original post, i.e. my first post with a list of documents for I-485 & I-693.
Nehul
Nehul, After reading your responses for the questions, I feel you are the right person I need help from. Thanks for showing me the confidence. Here are my questions.
My father-in-law is living with us with B2 extension approved and will be expired 8/10. we are considering to apply for GC for him in concurrent filing. Do you think he can still stay legally after USCIS accpetence? Thanks.
@David,
You can apply I-130 & I-1485 together (concurrent filing) and receive an acceptance receipt before B2 visa expires in August, 2012. Once you have the receipt your parents can stay legally in US until they receive GC.
In short, you should have a receipt from USCIS for concurrent filing, and they can stay in US until they receive GC (even if that taken 10 years just giving you idea)
Nehul
Hi Nehulor Somebody,
Have you any idea as to how long my parents can stay outside U.S. after getting the Green Cards. Somebody said that they can stay 6 months outside U. S. every year. Is it correct?
Thanks
@Anonymous,
They can stay six months at max. I will not recommend beyond six months because it can create a problem in custom.
You have to take this time away into consideration for citizenship. I have heard people saying I stayed for eight months and told stories to the custom officers, who let me get into US, etc.... but again don't take your chances. If you stay beyond one year, you have to file form but don't have more info on that.
I think following link also explain the same thing with lot of informative details
GREEN CARD HOLDERS WHO STAY OUT OF U.S.
Nehul
Hi Nehul
Thanks once again for a prompt, timely and valuable advice.
Hi All,
i am new to this blog and seems like lot of folks have got great information and get successful results. I have a question regarding Non-Availability of Birth Record that needs to be received from municipality but unable to. My parents have tried but no success and now they are visiting here. Can someone guide me what can we do as a supplement for this?
Here are the documents that i have collected for them and please let me know if anything else is needed.
- dads birth affidavits from two , both from cousin.
- alias affidavit that Chadha and Chada are same
- moms birth affidavit from two as well
- Marriage affidavit from two and also mention that I was born from their wedlock.
- Papa and mom own affidavit for wedding and that I was born from their wedlock.
- No non availability certificate from municipality. As this can't be done
- Sponsors birth certificate
Thanks a bunch for your help!
@chopchop,
I have broken down your questions and answer each of them with details. Hope that helps.
1.dads birth affidavits from two , both from cousin.
[A] valid document
2. alias affidavit that Chadha and Chada are same
[A] valid document
3. moms birth affidavit from two as well
[A] valid document
4. Marriage affidavit from two and also mention that I was born from their wedlock.
[A] valid document
5. Papa and mom own affidavit for wedding and that I was born from their wedlock.
[A] valid document
6. No non availability certificate from municipality. As this can't be done
[A] It will be of great help if you can get this but if not you can provide other documents e.g. school leaving certificate or domicile certificate or any government issues documents which has mention his age. You can also try to get this from high court of your city e.g. Bombay high court if you are from Bombay.
7. Sponsors birth certificate
[A] Your certificate will be used to establish relationship. It won't help in parents birth certificate problem.
Nehul
Nehul,
I am filing I485/I130 for my mom who is currently in the US on visitor visa. She has been visiting me a few times in the last 5 yrs. In the G325A form should I list the US address whenever she visited me? Or should I just give her India address for the last 5 yrs?
@Anonymous,
Q. Applicant's residence last five years. List present address first.
A. Make sure to list present address first, and list all the previous addresses in reverse chronological order (that includes US visits)
Nehul
Thanks for a very detailed web page.
Has anyone used immigration direct , does it do anything other than what your page says.
https://www.immigrationdirect.com/i130-i485/payment.do
I need to apply for GC for my parents.One of them is here and the other is in India . In the current situation
my father cannot come for more than 3 weeks in a year to US, so I plan to apply for his GC from India and for my mother when she is here. Also I wanted to apply for a work permit for both of them , do you know what form I should apply .
@Neelima Bandla
I don't know anything about immigration direct website and neither recommend nor advertise any.
You have two separate cases one for your dad and one for your mother.
My blog explains all the documents and procedure for a person who is in US on visitor visa and plan to apply for GC.
I don't know everything about how to apply Green card for parents who are in India. I know the procedure is pretty similar but can't explain everything in limited space.
Nehul
Nehul,
What are the min requirements of stay in the US to keep the greencard valid .
-Neelima
@Neelima,
You can't stay out of the country for more than six months. If you stay more than 12 months, you have to do more paperwork but again if you do lot of out and in on green card custom will give you hard time and might revoke your gc.
I will suggest if someone doesn't want to stay for long time on GC and like to travel often 10 years visiting visa is better choice and remember continuous stay on GC is important to get citizenship. I suggest if someone is not very keen on staying in US for 5 years and get citizenship in that case visitor visa is better choice.
Note: I know someone who stayed for 8 months in India on gc and custom ask him lot of questions and let him enter for now but not sure what they will do if that happens next time.
Nehul
Is there a strict 90 day ( minimum stay) rule to apply for GC ? My mother came on may 23rd, I am trying to apply for GC now. do you think I should wait for 90 days before applying , please advise.
Also Nehul, Will 6months 1 day of stay( on GC) in a year be enough to get citizenship in 5 yrs . Main thing is my parents have a company in India which they are trying to close , but it is going to take time. In this situation what would you suggest ? they can only stay 6months 1 day (max) ..
@Neelima,
I don't know about any official 90-day waiting period.
In my case, we applied within 60 days and got green card.
My advice will start paper work from day 1 and file after 45 days. You need sometime for medical exam and fill out forms.
I think it will help you in an interview if they ask you why you applied right away? Remember while applying for visitor visa you mention you want to visit ONLY. In your defense, you can mention parents change mind after staying for 45 to 60 days (they like US a lot, etc....)
Since you mother came on May 23rd it is safe to apply for GC. I mean you need few more days to get all the forms in place, so it's right time to start.
Nehul
@Neelima,
[Q] Also Nehul, Will 6months one day of stay( on GC) in a year be enough to get citizenship in 5 yrs
[A] If you are asking you will do that every year in that situation answer is NO. They count to total five years of stay in US (couple of months outside US is okay). You have to consider medical in California don't allow someone to stay outside the country for more than two months otherwise you have to reapply, etc.....
Again if they want to six months in US and six months in India every year, it is not a good idea to do on GC because that will delay citizenship for sure.
In this case, they should close the business in India and come to US. Again that will be personal decision, but I feel most of the parents face hard time staying here if they have active life in India (if they retire it is little easy but still hard for them to adjust)
Another option you apply from India that will give them 1 year to close the business and come to US with green card in hand (from India it takes more time to gc)
I think you got very few options when it comes to gc for parents, and they need to make their minds before applying for GC because it cost you a considerable amount for two people (even without lawyer)
Nehul
Hi Nehul,
Could you give me some details on what kind of medical insurance to get for parents once they get the GC and start living here in the US? I know this question is not about the GC process itself, would appreciate any views.
Thanks!
A Krishna
@Krishna,
If you are in California, you get state insurance. You can go to your county's social service office to get forms and details.
I know most of the state don't offer any help if you stated in US for less than 5 years on green card.
Medicare is not available for 5 years after you get GC.
I know other insurance charge lot of money to cover parents and ONE Of the biggest disadvantage of GC. If your parents have any existing medical condition then it is advisable to have some kind of insurance (even if they are not great but help in case of emergency).
Nehul
Thanks very much for the information Nehul. Much appreciated as always.
Regards,
A Krishna
I am US citizen. My mom entered usa in feb 2012 on visitor visa and on Jul 18, 2012 i filed I-130/I-485 forms, bascially all 5-6 forms required for concurrent filing. My worry is if she is called for interview and if visa office ask the question to her that "she entered USA on visitor visa which has intend to go back to india, then why she decided to file for green card"? then what should we say or what reason to give?. Please help.
@Anonymous,
I think nothing wrong in change of heart. You can give a simple and short reply.
"Change of heart. After I arrive in US, I really like this country and people. I want to stay with my children."
Remember they can't deny GC application based on that fact i.e. you came in US on visitor visa and change your mind/heart to stay here with your children.
Nehul
Hi
I am a Naturalized US Citizen and want to apply for the GC for my married sister aged 32 years who is a Canadian Citizen.
At present, she is working in Switzerland and visits her head office in New York every year at least once.
Can I apply for her and how to apply? Shall I file I 130 for her? I understand that it takes long - something like 10 - 12 years to get approval for siblings. In the meantime, can she visit US for her official work or she will be denied entry as a prospective immigrant based on application I 130 on her behalf?
Thanks.
@Anonymous,
You can checkout following link from USCIS website.
I-130 Petition for alien relative
You can also checkout USCIS website for full of information.
First, you have to apply for I-130 and wait upon the approval. You can only apply for I-485 after approval of I-130 because I-485 dates are not current for relatives.
You can check out visa bulletin to see how long it takes for relative base green card
Visa Bulletin for September, 2012
I think your sister can visit to US for the business trip, while her application for immigration is pending. I suggest she double check with lawyer from office.
Nehul
Hi Nehul,
Thanks for your prompt response. I have one more question. After getting approval for I 130, must she file I 485 immediately or she can postpone the filing of I 485 till later date? In other words, how long will the approval of I 130 be valid?
Thanks once again for your help.
@Anonymous,
I will not advise to wait longer after I-130 approval. You have to understand that it takes very long time to get GC approval. In any case if you have any different situation please consult lawyer to be on safe side.
Nehul
Hi Nehul,
My mom got GC Oct of last year. We had applied for Advance parole and she was out of US from Sep2011-May2012. When she came back in may this year, they sent us to the secondary room at immigration. They let us go after checking documents, but did give warning. My mom is planning to travel back to India for about 3-4 weeks in Nov this year. I wonder if you would know if this is okay to do? If I count the months since she got GC, she has been out of US for 7/13 months. Greatly appreciate your response.
Thanks and Regards,
A Krishna
@Krishna,
Since your mom has been out of US 7/13 months and warning from the custom officers on the last visit says very clearly that no out of the country trip for a year.
I think staying out of the country for six months is a red flag (once you are a citizen it is different) I think your mom need to stay in US 12 months before taking any trip out of the country.
In case November trip is urgent make sure you have solid paper for the custom officers on arrival.
Nehuk
Thanks very much for your reply Nehul, much appreciated.
Regards,
A Krishna
Hi Nehul,
My parents just arrived in US today on visitor visa.If I apply for their gc after 90 days,then how long does it take to get GC? Can they get AP and travel to India if GC is not obtained by the 6 month period of visitor visa? Do you know any cases where GC denied? My parents have been cominmg to us past 7 years every 6 months.today at customs in NJ,they asked why you come so often and sent to another officer.Thye did get 6 month stamp.
Thansk
@Anonymous,
1. it will take anywhere from 6 to 8 months to GC.
2.they can go to india on AP but i don't advice. Your parents received enough warning on visitor visa. If they still insistence then apply for advance payroll with i-485.
3. No i don't know case rejected but again every case is unique. if you have proper documents you should be fine. In case, you have any complication from previous visits it is better to consult lawyer.
USCIS don't reject GC application because they came on visitor visa for 6 to 7 times.
Nehul
Hi
I had some q's about filling form .
my parents have been staying in usa every 6 months,so do i give us address also when filing in previous 5 addresess?
My brother is filing ,since i do not have citizenship.He lives in different state.my parents stay with me most of the time,so can i give my address?
Thanks
Indu
@Indu,
1. If you are asking about I-130 then mention current US address in 18 (one who sponsoring) and Indian address in 19.
2. If your brother is sponsoring GC it is better to write his address. USCIS might ask why they are staying with you, when your brother is sponsoring?
Please checkout my entire blog, which has almost all the details about filing GC for parents.
Nehul
Hello!
is consular processing in india or adjustment status in USA -
1)safer?
2)easier on my elderly parents?
3)less time consuming?
Thanks
Birth certificate for parents
Hi Nehul,
My parents are here in US and i want to apply for GC. They do not have their birth ceryificate.
I just searched online--is birth cert from us consulate here good enough?
http://www.indiacgny.org/php/showContent.php?linkid=202
other option from maninindia.com. trying to apply there too?
any suggestions?
Thansk
@Anonymous,
is consular processing in india or adjustment status in USA -
1)safer?
[Answer] Both routes are safe but it is better you do it from USA. It is not guaranteed that you will get GC if you apply from US. It depends on your status i.e. rejected, deportation problems
2)easier on my elderly parents?
[Answer] I am not sure what you mean by easier. They have to go for physical examination, finger printing , interview and same for consular processing.
3)less time consuming?
[Answer] maybe if they are in US with difference of 1-2 months. Again it depends on if you have proper documents with application.
Nehul
@Anonymous,
Birth certificate for parents
I am not very positive about consulate certificate and never use maninindia.com, so can't say much.
I have outlined following valid documents if your parents don't have a birth certificate. Also check out my blog because I answer it in detail.
1.dads birth affidavits from two , both from cousin.
[A] valid document
2. alias affidavit that if name are different on birth certificate and passport
[A] valid document
3. moms birth affidavit from two as well
[A] valid document
4. Marriage affidavit from two and also mention that I was born from their wedlock.
[A] valid document
5. Papa and mom own affidavit for wedding and that I was born from their wedlock.
[A] valid document
6. No non availability certificate from municipality. As this can't be done
[A] It will be of great help if you can get this but if not you can provide other documents e.g. school leaving certificate or domicile certificate or any government issues documents which has mention his age. You can also try to get this from high court of your city e.g. Bombay high court if you are from Bombay.
7. Sponsors birth certificate
[A] Your certificate will be used to establish relationship. It won't help in parents birth certificate problem.
Nehul
Hi Nehul, Thanks; with your information our son applied for our GC(concurrent filing). Biometrics got over in 3 weeks. Though for our center it says processing time as 4 months, we have not heard. Is such delay beyond indicated processing time normal?
@kv cricket,
Bio-metric doesn't indicate real progress of GC.
1. I-130 approval is important to get GC. It is highly possible you will even go for interview and I-130 is not approved.
2. If I-130 is approved before your interview, then chances are pretty high USCIS will approve GC on the spot.
3. Total time for GC processing 4-6 months. It is possible it will get delayed if they generate RFE (request for evidence).
Nehul
Thanks. I was under the impression that RFE may not be there after 4 months! Correct? Secondly are there cases approved without interview in your knowledge?
@kv cricket,
1. RFE can be generated even after I-130 approved or before or anytime during GC processing (don't know which documents USCIS like to verify..most of the time it is medical examination, i.e. I-163)
2. Interview is normal & I don't know anyone got the GC without interview (talking about parent GC not through company)
Nehul
Thanks Nehul. While I await interview letter, can I travel for 4/5 days to New Jersey? I have to produce the passport for Id and the travel date is after i94 date. Any document other than NOA (receipt) needed?
@kv cricket,
If you are traveling in US it shouldn't be a problem. They need photo id that's all.
Nehul
Nehul,
My parents (Indian Citizen, and lived in India) are in UK until March 2013, from UK they will be in US (for another 6 months), but they will live with my brother (GC Holder) in TX while I live in NJ.
Can you please advise when is the right time to file a GC for them ( now or 90 days passed after enter into into US).
Thanks
-Rohit
@Rohit,
You can ONLY file for GC after they arrive in US on visitor visa. You can wait for 30 days after arrival in US to get medical examination done for I-130 & I-485 concurrent filing. In meantime, you can prepare all the documents and file after 45 days.
Nehul
Nehul, I phoned customer care and was told the waiting time is 5 1/2 months. 5 months are over still no interview call. I am wondering then how they can complete the approval in 5 1/2 months assuming the time given for interview is 2to 3 weeks. Is it necessay to ask for an INFO PASS interview. We have already changed or return tickets to India twice.Please advise. Thanks.
@kv cricket,
51/2 months are just a guideline for GC processing.
They send interview letter 3 weeks in advance. If your I130 is approved before interview they will approve GC right away. After that 2 weeks to get GC card in mail.
I am not sure why you have not received interview and FP call. You can infopass to probe further.
Nehul
Hello Nehul,
First of all thanks for the helpful information you are providing.
I've applied I-130 for my parents as they are in India currently. they do have 10-yr. multiple entry visitor visa which expires next year (2014).
Can I call them before their GC is approved to US and then apply for their I-485 here? Currently their application status shows "Initial Review" and I applied in Nov 2012. Please advise.
@Jaya Pandey,
Since you applied for GC, they can't travel on visitor visa.
If it is possible to travel, I won't advise because you are trying to enter US on visitor visa where you have clear intention of becoming permanent residence.
You can enter US on last of visitor visa and apply for GC while they are still in US. Once you apply for GC your visitor visa status is gone, but again, I might be wrong that is when it happens i.e. right away after you apply, or after I-130 approval
One thing for sure you can give up your GC application and come to US and start the process all over again. I don't like to mess around now because it will take few weeks or months more processing in India.
It is advisable to process entire application in India.
Nehul
Nehul
I am in process of applying GC for my mother, she does not have birth certificate, can you please provide sample letter of non availability & make two affidavit from close relative who know my parents. Looking for verbage of these letters. Appreciate if you can provide some copy of this at the earliest. My email is vidyadivakaran@gmail.com
Nehul
My brother is in the process of applying GC for my mother.
She is on Visitor Visa from Nov end to May end.
For application process, Understand
my brother needs to submit
: I130 +I485 +I693+I864
Can you please what is the general time frame expected. I understand that is is very much case to case,
i am trying to understand the general time frame
If say forms are submitted by March mid.
Once entire package is submitted
what is the next step?
Do we get approval for I130 and I485 together?
Or if so, how many months?
Once approval of I485, what is next step? interview, how much time?
Is it safe to stay in US after expiry of visitor visa (may end) , if approval of I130 +I1485?
Also i would greatly appreciate if you can provide scanned copies of letter of non availablity cerificate(whom do we get this from) and letter from relatives?
With respect to medical examination, she is currnetly residing in MA with me, wheras, my brother in MD is going to apply for GC, is it ok if she gets medical examination done in MA?
Thanks a lot in advance!
@Vid,
Check your email for sample documents for GC processing.
Nehul
@Vid,
For application process, Understand
my brother needs to submit
: I130 +I485 +I693+I864
[Answer] I mention all the required documents at the beginning of blog.
Can you please what is the general time frame expected. I understand that is is very much case to case,
i am trying to understand the general time frame
If say forms are submitted by March mid.
[Answer] I think around 6-8 months from US.
Once entire package is submitted
what is the next step?
[Answer] You will get receipts saying your application is accepted. it is also proof that you can stay beyond your visitor visa expiration till you get you GC.
Do we get approval for I130 and I485 together?
Or if so, how many months?
[Answer] They happen separately and order is depend case to case. Time is around 3-5 months for I-130 and 6-8 months for entire process i.e. including finger print, interview and receiving plastic card.
Once approval of I485, what is next step? interview, how much time?
[Answer] Okay I can't answer like how much time each process will take but it will be in order of I-130, finger print, interview and receiving GC.
Is it safe to stay in US after expiry of visitor visa (may end) , if approval of I130 +I1485?
[Answer] As I mention earlier once you receive receipt that your I-103 and I-485 is accepted you are good to stay beyond visitor visa expiration date.
Also i would greatly appreciate if you can provide scanned copies of letter of non availablity cerificate(whom do we get this from) and letter from relatives?
[Answer] Already did that.
With respect to medical examination, she is currnetly residing in MA with me, wheras, my brother in MD is going to apply for GC, is it ok if she gets medical examination done in MA?
[Answer] Any doctor approved by USCIS in US will be fine for medical examination. Checkout USCIS website for doctors name.
Also checkout my entire blog for tons of info for unanswered questions.
Nehul
Hi Nehul
Once you apply for 130 and 1485, generally how soon should you expect to get receipt that they have received application of !30 and 1485?
Thanks!
@Vids,
It will be around 2-3 weeks, but you can't say that for sure.
Nehul
Nehul
i am a usa citizen i file for my parrents for GC they are with me in usa. last week i get RFE form INs about my parrents marriage certificate. my father call municipal office to india about his marriage certificate and they say we have no record my father never rigesterd. municipal officer say we will mail to form you can fill up form and send bak us and mansion the marriage hall name and weeding card if you have
then we will enter your marriage record in our office record then we will mail to you marriage record certificate from municipal office.
my questation this certificate is valied or not because my parrent is in usa.
subha
@subha,
If a municipal office issue marriage certificate, then you are fine. It has to be a local government office where marriage took place
Nehul
This is a new post. One of my sons is a US Citizen and he would like get his fiance from India to join him in Texas. He plans to get married in India in May/June, date is being finalized, but the couple are open to marriage in US.Please suggest (or any person who had similar experience) the most appropriate/the least time consuming methodology, Visa procedure/ location of marriage.
Thanks.
@Anonymous,
The least time consuming methodology will be to marry in US. She can come on K1 visa and marry in US. Once you are married to US citizen you apply for GC (time frame will be short 6-8 months).
If you marry in India, it will take little longer (don't know the time frame) to get her in US i.e. get GC approved from India.
In short do your engagement in India then get K1 visa, marriage in US (any city hall will have info how to register marriage and obtain a marriage certificate) and apply for GC. This way, they can stay together after marriage in US.
Nehul
Nehul,
Thanks, but I note the wait time for K1 visa is very long, almost an year. Is my understanding incorrect? Please advise.
@Anonymous,
You might be aware of K1 visa pathway but click on following link to get step by step info.
LINK to K1 visa flowchart
If they marry in India then wait time might be more (not sure how long but definitely longer than 1 year)
Again it is personal decision at the end i.e. wait before marriage or after because one will get visa no matter from where you apply.
Nehul
Nehul, it is nearly 8 months since our 130 & 485 application. After biography we have not heard and the web site shows I 485 cleared up to 25 Aug, as on 31st Jan. whereas our receipt date 10th Aug. and no status change in the web. What could be the cause for silence? Thanks. The customer care says "under process". Is it the same for other applicants in 2012 Aug onwards?
@Anonymous,
You didn't mention what happen to your I-130 application. USCIS won't approve your GC if I-130 is not approved (even if you have I-485 approved, done with interview and fingerprinting).
Even if your I-130 is approved you have to wait for response from USCIS and nothing can be done at this time. It looks like you are pretty close from getting decision on your case (if I-130, interview and fingerprinting done).
Nehul
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