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Parent | I-130, I-485, I-864, I-765 and I-693

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  • Parent | I-130, I-485, I-864, I-765 and I-693

    Hello everyone! I am currently working on petitioning my mother from within the US, as she is here on a Tourist Visa. I am planning on submitting the following forms, concurrently: I-130, I-485, I-864, I-765 and I-693 and I have a couple of questions and really hope I can receive some guidance. Many thanks!

    [1] Form I-130, Part 2, Page 3 | Information about your parents.
    I am a bit confused about the questions related to Country of Birth, City of Residence and Country of Residence. She is currently residing with me in MD, therefore, should I list current city and country of residence here in the US, or from her home country?

    [2] Form I-130, Part 4, Page 8 | Information about beneficiary.
    I am not quite sure how to determine what is specifically the office where we will be applying for adjustment of status. Is the office decided in accordance with the types of forms submitted, or our current location?

    [3] Form I-485, Part 8, Page 13 | Public Charge
    In regard to the size of the household, it is my understanding that the correct number is (2), to reflect my mother and myself, unmarried child, older than 21. Would that be correct? Also, income, assets and liabilities-wise, we would be listing for the above in accordance with our current situation, such as, my mother does not currently have any liabilities, however I have a mortgage and a car loan payment at my end.

    [4] Form I-765 | Employment Authorization
    My mother was retired in her home country, however there might be a work opportunity for her in the US. Also, it is my understanding that this form is needed in order to receive an SSN. Is she allowed to get her EAD, although she had retired back in her home country?

    [5] Filling | Fees and Where to file
    It is my understanding that I will be able to submit all forms listed above at once, via Mail. Also, it is my understanding that I would need to submit one single personal check with an amount totaling $2,170.00 (I-130=$535, I-485=$1140, I-765=$410, BIO=$85), at the address provided by USCIS: https://www.uscis.gov/uscis-lockbox-...ly-based-forms
    Can you please confirm whether my understanding is correct?

    Many thanks for taking the time to read through my post and answering my questions. Your help will be of great importance to myself and my mother, but also to other individuals seeking advice. Thank you very much!


  • #2
    Sorry, I am not answering your question but I have a similar question on public charge and hence adding here. I am sponsoring for my parents on 2 separate petitions, I-485 etc. Should we put their household size as 2 and income, assets and liabilities are zero? They will be living with us. Should we combine with our own household and put our income? Our I-864 (affidavit or support) should cover well above poverty guidelines. If we put zero for their income etc., will that cause rejection on public charge grounds?

    Comment


    • #3
      Originally posted by GianaFitzgerald View Post
      [1] Form I-130, Part 2, Page 3 | Information about your parents.
      I am a bit confused about the questions related to Country of Birth, City of Residence and Country of Residence. She is currently residing with me in MD, therefore, should I list current city and country of residence here in the US, or from her home country?​
      Her current residence is your address in the US.

      Originally posted by GianaFitzgerald View Post
      [2] Form I-130, Part 4, Page 8 | Information about beneficiary.
      I am not quite sure how to determine what is specifically the office where we will be applying for adjustment of status. Is the office decided in accordance with the types of forms submitted, or our current location?​
      Look up the USCIS field office that has jurisdiction over your address at the bottom of the page here.

      Originally posted by GianaFitzgerald View Post
      [3] Form I-485, Part 8, Page 13 | Public Charge
      In regard to the size of the household, it is my understanding that the correct number is (2), to reflect my mother and myself, unmarried child, older than 21. Would that be correct? Also, income, assets and liabilities-wise, we would be listing for the above in accordance with our current situation, such as, my mother does not currently have any liabilities, however I have a mortgage and a car loan payment at my end.​
      This is the beneficiary's household size for the I-485, which is not the same as the sponsor's household size for the I-864. See I-485 instructions for who would be counted in this household size. You would not be included in her household size unless she is your tax dependent or vice versa. If she is married, she would also need to include 1 for her spouse. These would be your mother's liabilities.

      Originally posted by GianaFitzgerald View Post
      [4] Form I-765 | Employment Authorization
      My mother was retired in her home country, however there might be a work opportunity for her in the US. Also, it is my understanding that this form is needed in order to receive an SSN. Is she allowed to get her EAD, although she had retired back in her home country?
      Yes, anyone with a pending I-485 can get an EAD, and it's free so there is no reason not to. If she doesn't get an EAD before she gets her green card, she will get an SSN with her green card too, but it's useful to get it sooner with the EAD if possible.

      Originally posted by GianaFitzgerald View Post
      [5] Filling | Fees and Where to file
      It is my understanding that I will be able to submit all forms listed above at once, via Mail. Also, it is my understanding that I would need to submit one single personal check with an amount totaling $2,170.00 (I-130=$535, I-485=$1140, I-765=$410, BIO=$85), at the address provided by USCIS: https://www.uscis.gov/uscis-lockbox-...ly-based-forms
      Can you please confirm whether my understanding is correct?
      You should have one check for $535 for I-130 and one check for $1225 for I-485. I-765 for EAD and I-131 for Advance Parole are free for I-485 applicants. By the way, I recommend she also apply for Advance Parole since it is free, so there is no downside even if she gets it and doesn't use it.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        newacct, many thanks for your kind response!

        Regarding
        [3] Form I-485, Part 8, Page 13 | Public Charge
        In regard to the size of the household, it is my understanding that the correct number is (2), to reflect my mother and myself, unmarried child, older than 21. Would that be correct? Also, income, assets and liabilities-wise, we would be listing for the above in accordance with our current situation, such as, my mother does not currently have any liabilities, however I have a mortgage and a car loan payment at my end.


        It is my understanding then that I would not fall under the household categories indicated by USCIS, in my case: Your children as defined in INA 101(b)(1), if physically residing with you;
        However, please note that I have not yet claimed my mother as dependent on my tax return, however I am planning on doing so for the upcoming tax returns. This would fall under:
        • Any other individuals who list you as a dependent on their federal income tax return. Also, my mother does not have a spouse. It is is only myself and herself.
        Kindly confirm if indeed the household size under Form I-485 would indeed be [1] then.

        In Form I-864 however, the household size would be [2] as my understanding is. Kindly confirm if that is the case. Many thanks! Your clarifications are very helpful and greatly appreciated.

        Comment


        • #5
          Yes, that is my understanding

          This is my personal opinion and is not to be construed as legal advice.

          Comment

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