US Citizen filing for parents abroad?? HELP WANTED

[KandD]

I'm filing for my parents (mom & dad) who are living abroad. They both have their US VISA'S & their PASSPORT'S. I would like to know what forms and documents I would need to fill out/ give in to get their paperwork started. Would I need to contact the embassy to start this process? I really would like to get this process started immediately. Also, if anyone is wondering, the reason I don't want to file for them while they're here visiting is because they work abroad. So, I need to do everything while they're overseas.

Thank You in advance.

[Adrian Gruber]

I'm filing for my parents (mom & dad) who are living abroad. They both have their US VISA'S & their PASSPORT'S. I would like to know what forms and documents I would need to fill out/ give in to get their paperwork started. Would I need to contact the embassy to start this process? I really would like to get this process started immediately. Also, if anyone is wondering, the reason I don't want to file for them while they're here visiting is because they work abroad. So, I need to do everything while they're overseas.

Thank You in advance.

Good evening KanD, an interesting situation.
Foreign nationals may apply for permanent residency through a family member who is either a US citizen or lawful permanent resident. While a permanent resident may only sponsor a spouse and unmarried children, a citizen can petition for parents, brothers, sisters, and married children as well.

Relatives are classified into two main categories, then assigned preference levels, based on their relationship to the sponsors.

Category I: Unlimited Family-Based (does NOT need a visa number)

The first step is to Petition USCIS proving Immediate family status:

How to apply for a green card based on family relation?
If you fall under any of the above categories, your sponsor must file Form I-130, Petition for Alien Relative, with the USCIS and list you as the beneficiary. Form I-130 is typically submitted along with the following documents:

Documentation to show that your sponsor is a US citizen, such as birth certificate, naturalization certificate, un expired U.S. passport, etc.
Copy of the green card if the sponsor is a legal permanent resident.
Evidence to prove a family relationship between the petitioner (sponsor) and the beneficiary (you), including marriage certificate, Form G-325A, grand deed of an co-owned house, verification letter of joint bank accounts, birth certificate of a child, birth certificate of a sibling with at least one common parent, adoption decree, etc.
Filing fees
After I-130 is approved, and if your sponsor selected Adjustment of Status and a visa number is available to you (or not required), you may proceed to file Form I-485.

If Consular Processing was chosen on Form I-130, the approval notice will be forwarded to the National Visa Center (NVC) to begin the immigrant visa application process.

In either case the petitioner must provide Affidavit of Support (I-864 series of forms) to show that they are able to financially support you (at least 125% above poverty line) so you are unlikely to become a public charge.

When a visa number becomes available, and your background checks have cleared, your AOS or CP application will be processed. An approval at this stage means granting of permanent residency (issuance of green card) to you.

[Adrian Gruber]

Petition for Alien Relative

KanD, you are the "Petitioner"
Your parents are the Beneficiaries"

You cannot petition the together, you must submit 2 seperaye petitions:

As you are the Petitioner you may need to provide an affadavit of support.

For citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States.
Note: A separate form must be filed for each eligible relative. USCIS processes Form I-130, Petition for Alien Relative, as a visa number becomes available. Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident.

Review the information from USCIS: https://www.uscis.gov/i-130

[KandD]

KanD, you are the "Petitioner"
Your parents are the Beneficiaries"

You cannot petition the together, you must submit 2 seperaye petitions:

As you are the Petitioner you may need to provide an affadavit of support.

For citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States.
Note: A separate form must be filed for each eligible relative. USCIS processes Form I-130, Petition for Alien Relative, as a visa number becomes available. Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident.

Review the information from USCIS: https://www.uscis.gov/i-130

But they already have U.S. VISA'S because they come and visit me here in the U.S. often. It's just that I would like to get them their Green Cards now. Also, I'm filing for them while they are overseas because they have jobs in my birth country. So, it'll be hard for them to come to the United States and wait for the filing process to finish because who would maintain their home and assets in my birth country. So, the only option I have is to file for them while they are in my birth country.

[Adrian Gruber]

But they already have U.S. VISA'S because they come and visit me here in the U.S. often. It's just that I would like to get them their Green Cards now. Also, I'm filing for them while they are overseas because they have jobs in my birth country. So, it'll be hard for them to come to the United States and wait for the filing process to finish because who would maintain their home and assets in my birth country. So, the only option I have is to file for them while they are in my birth country.

If you are the person thats wanting to get them AOS status and because you are a family member this is the route I would suggest.
Your issue undergoing this route would be to prove that your parents are "Immediate Relatives" The petition is the vehicle USCIS requires as its a 2 step process.
You misunderstand that you are able to get their Green cards for them, the I-130 usually processes in 5 months. However, if you desire USCIS allows you to file concurrently, that is the I-130 and the AOS application I-485 together. You face many physical challenges because your parents choose to remain in their native country they will need to go to their neares US Embassy for processing.
Do your parents reside in The United Kingdom?

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International Immigration Offices
Click on your local international field office from the list below to find details about office location, services and important instructions.

Latin America, Canada and the Caribbean (LACC) District

Cuba - Havana Field Office
Dominican Republic - Santo Domingo Field Office
El Salvador - San Salvador Field Office
Guatemala - Guatemala City Field Office
Haiti - Port-au-Prince Field Office
Mexico - Ciudad Juarez Field Office
Mexico - Mexico City Field Office
Mexico - Monterrey Field Office
Peru - Lima Field Office
Asia/Pacific (APAC) District

China - Beijing Field Office
China - Guangzhou Field Office
India - New Delhi Field Office
Philippines - Manila Field Office
South Korea - Seoul Field Office
Thailand - Bangkok Field Office
Europe, Middle East and Africa (EMEA) District

Germany - Frankfurt Field Office
Ghana - Accra Field Office
Greece - Athens Field Office
Italy - Rome Field Office
Jordan - Amman Field Office
Kenya - Nairobi Field Office
Russia - Moscow Field Office
South Africa - Johannesburg Field Office
United Kingdom - London Field Office


You can find this page at: http://www.uscis.gov/international

[newacct]

I'm filing for my parents (mom & dad) who are living abroad. They both have their US VISA'S & their PASSPORT'S. I would like to know what forms and documents I would need to fill out/ give in to get their paperwork started. Would I need to contact the embassy to start this process? I really would like to get this process started immediately. Also, if anyone is wondering, the reason I don't want to file for them while they're here visiting is because they work abroad. So, I need to do everything while they're overseas.

Thank You in advance.

You want your parents to immigrate (i.e. become US permanent residents)? But they are still working abroad? That doesn't make sense. Do you mean that they are planning to retire in the next year and then move to the US?

[KandD]

You want your parents to immigrate (i.e. become US permanent residents)? But they are still working abroad? That doesn't make sense. Do you mean that they are planning to retire in the next year and then move to the US?

Yes they are retiring this year. And when I get their GC's for them they'll move here to the U.S.
And their home and assets would be straighten out before they move here, because I'm planning to go down to sort those things out.

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If you are the person thats wanting to get them AOS status and because you are a family member this is the route I would suggest.
Your issue undergoing this route would be to prove that your parents are "Immediate Relatives" The petition is the vehicle USCIS requires as its a 2 step process.
You misunderstand that you are able to get their Green cards for them, the I-130 usually processes in 5 months. However, if you desire USCIS allows you to file concurrently, that is the I-130 and the AOS application I-485 together. You face many physical challenges because your parents choose to remain in their native country they will need to go to their neares US Embassy for processing.
Do your parents reside in The United Kingdom?

- - - Updated - - -

International Immigration Offices
Click on your local international field office from the list below to find details about office location, services and important instructions.

Latin America, Canada and the Caribbean (LACC) District

Cuba - Havana Field Office
Dominican Republic - Santo Domingo Field Office
El Salvador - San Salvador Field Office
Guatemala - Guatemala City Field Office
Haiti - Port-au-Prince Field Office
Mexico - Ciudad Juarez Field Office
Mexico - Mexico City Field Office
Mexico - Monterrey Field Office
Peru - Lima Field Office
Asia/Pacific (APAC) District

China - Beijing Field Office
China - Guangzhou Field Office
India - New Delhi Field Office
Philippines - Manila Field Office
South Korea - Seoul Field Office
Thailand - Bangkok Field Office
Europe, Middle East and Africa (EMEA) District

Germany - Frankfurt Field Office
Ghana - Accra Field Office
Greece - Athens Field Office
Italy - Rome Field Office
Jordan - Amman Field Office
Kenya - Nairobi Field Office
Russia - Moscow Field Office
South Africa - Johannesburg Field Office
United Kingdom - London Field Office


You can find this page at: http://www.uscis.gov/international

Now, that I read over what you're saying. It sounds more logical to make them come here and file. They're retiring soon anyways, and I'm going to my birth country pretty soon to sort out their assets. So, thanks a lot I'll just tell them to come here.

[newacct]

Yes they are retiring this year. And when I get their GC's for them they'll move here to the U.S.
And their home and assets would be straighten out before they move here, because I'm planning to go down to sort those things out.

You should file I-130 around now, and it takes a few months to get approved, and then it goes to NVC who will contact you and your parents about the next steps, and they will eventually go to the US consulate to get immigrant visas. When they enter the US on their immigrant visas, they immediately become permanent residents. The process from I-130 filing to getting immigrant visas takes almost a year, so it's about right to start now.

Now, that I read over what you're saying. It sounds more logical to make them come here and file. They're retiring soon anyways, and I'm going to my birth country pretty soon to sort out their assets. So, thanks a lot I'll just tell them to come here.

They will likely be denied entry if they try to enter on a visitor visa with intent to apply for Adjustment of Status during that trip.

[Adrian Gruber]

Aos

Good evening KanD, I agree, its better that they come to the US under their existing visa's. Consular processing can take ages to process.
I apologise if I was not clear. You may file the Petition for your parents, however you must file for them individually thats 1 for your mother and a seperate petition for your father.
You may not file for their AOS, Green Card. They must request "Adjustment of Status" for themselves. Be aware that the AOS process involves medical examination performed by an approved Cilvil Surgeon so ask them to gather all vaccination and medical records from their country of origin.

Good luck.