Urgent Advice Needed : Family Based Greencard for my father

[infoseeker2010]

Hi,

I am currently living in Denver, Colorado and have been US Citizen since a year now. My father is visiting my sister in Ohio on March 01. And then will go to San Francisco on April 15. He currently has Tourist/Visitor visa and will be visiting on that visa.

The questions I have
1) I am living in Denver, Colorado and he will be living in San Francisco, CA. Can I apply family-based greencard for him? Do I need to be in same city as him? If yes, then what documents do I need to prove that we live at same address?
a) Change my driver's license to CA?
b) Add me to his lease?

2) Since he will be living in Ohio for 1.5 months, can I still apply for him with his future CA address? He does not driver so won't have driver's license. Do I to wait till he gets to CA and get a CA ID for him and then apply?

3) In #2 above, if I have to wait for him to be in CA to get an CA ID, then is 4.5 months enough for greencard process? I mean he can stay only for 6 months on visitor's visa. If we apply on 04/15 and say CA-USCIS gets application by 04/20-04/25. Will he have to leave US if he doesn't get greencard by August 30 ? (6-months from March 01)

Please advice as I am unable to find threads discussing similar situation

Thanks.

[osweiti50]

The law doesn't stipulate that your father should stay at the same place with once you decide to file his immigration. As your father is an "Immediate Relative" to a US citizen then his PD is taken by USCIS as the date when his application (I-130 & I-485) has been received by the USCIS.

On the other hand if his B1/B2 (I assume) is valid for say a couple of yrs to go then he can travel abroad but remember he will need to come back just to get his fingerprinted by the USCIS and and that may take place in few weeks from the filing date of his I-130/I-485.

You must use your address as his mailing address for USCIS and you can also assign yourself as his agent "Choice of Agent Form" to have all his correspondences come to your address.

Remember also, you will need to fill out an Affidavit of Support form to sponsor your father, this is a kind of contract between yourself and the USCIS to commit that your dad will not be a "Public Charge" on the US government (This is how the law stipulates)

There is another choice if you wish which is to go for Consular Processing method instead of AOS one.

Wish you and your dad the best.

[iamerica]

F4 to F3

Original app is approved in Dec 2006 under F4. Now v can apply under F3. What is procedure? Do I have to fresh app or status can be changed from previous F4 app