I-130 and I-485 for a parent

[tc1981]

Hello,

I am a naturalized citizen, and I want to file a green card application for my mom (she is in USA with tourist visa): I-130 and I-485. Did anybody went through this process and got approval? Some questions:

1. How long does it take before they will call for interview?
2. Can I speak on behalf of my mom since she does not speak English well enough to answer questions of officer? Does it affect the decision?
3. Does anybody have cover letter with all documents needed for this application? Can you share please?

Thank you

[Adrian Gruber]

Hello,

I am a naturalized citizen, and I want to file a green card application for my mom (she is in USA with tourist visa): I-130 and I-485. Did anybody went through this process and got approval? Some questions:

1. How long does it take before they will call for interview?
2. Can I speak on behalf of my mom since she does not speak English well enough to answer questions of officer? Does it affect the decision?
3. Does anybody have cover letter with all documents needed for this application? Can you share please?

Thank you

1) The sooner you file the quicker it is, a number of factors will determine when you are called.
A) Your application and petition include all supporting documents
B) The area you and your mother are located will determine where your designated field office is
C) Your field office case load
Here is a USCIS link to processing times: https://egov.uscis.gov/cris/processTimesDisplayInit.do

2) Here are the guidlines provided by USCIS for qualified interperters: https://www.uscis.gov/ilink/docView/...-0-0-2798.html

3) You will need 2 sets of varying documentation for your "Petition for Alien Relative" I-130:
A) Required Documents for Submission With the I-130
You will need to gather the following documents along with the signed form and filing fees:
Proof of your U.S. citizenship. Depending on how you became a citizen, you should make a copy of your birth certificate, passport, certificate of naturalization, Form FS-20 (Report of Birth Abroad of a United States Citizen), or certificate of citizenship.
Proof that you are the son or daughter of your parent: This can most likely be covered by submitting a copy of your birth certificate listing your parent as your mother or father—and if it's a father, their marriage certificate, as well. For an adoptive parent, include the adoption certificate. For a step-parent, include both your birth certificate and the marriage certificate with your biological parent. See the USCIS instructions to Form I-130 for details.
Fees. The fee for an I-130 visa petition is, as of December 23, 2016, $535. However, these fees go up fairly regularly, so double-check this on the USCIS website at www.uscis.gov/i-130 or by calling USCIS at 800-375-5283.
B) For "Adjustment of Status" I-485 your mother will need to provide the following: Form I-485 is the main piece of your adjustment of status packet, but it is by no means the only piece. Different people need to attach different backup forms and evidence depending on their individual immigration situations. Here's what you most likely need to submit with your completed Form I-485 for starters:
proof of your eligibility for a green card (for example, your notice of approval as an asylee; a Form I-130 and marriage certificate if you married a U.S. citizen; your visapetition approval notice and marriage certificate if you entered as a fiance; and so forth)
Form G-325A Biographic Data Sheet
Form I-693 Medical Examination Sheet (filled out by a designated Civil Surgeon, and in a sealed, unopened envelope
Form I-864, Affidavit of Support, with supporting financial and tax documents (if your basis for applying is through a U.S. family member
Form I-765, in order to request permission to work (even if you don't plan to work, it gets you a handy photo identity card, and you won't have to pay a separate fee for it if you include this application with your adjustment of status packet)
Form I-131, to receive what's called "advance parole" in case you need to travel out of the U.S. while the adjustment process is still underway (if you leave without obtaining advance parole, your green card application will be canceled; and as with the I-765, it's a good idea to file this form now, because if you wait until later, you'll have to pay a separate fee)
evidence of any criminal convictions (if you have any, it's highly possible you are inadmissible -- see an attorney)
two color photos, taken within the last 30 days, passport style
photocopy of the nonimmigrant visa page of your passport (if any)
your birth certificate, with an English translation if it's not already in English, and
required fee for the application and for biometrics (fingerprinting).
Carefully read the instructions that come with Form I-485 to find out what else you need to include. You will submit the Adjustment of Status packet by mail to USCIS. (You cannot submit it in person.) Some months after submitting it, you will be called in for fingerprinting. A few weeks or months after that, you will be called in for a personal interview at a USCIS office, where your permanent residence will be granted or denied.

[taahaa]

Hi Mr Adrian Gruber!

I am going through the same problem, I want to file it for my mother only, my income is not enough and I am unable to find a joint sponsor to help me out, however I read on the USCIS website, I have pasted the relevant part below and the link is (https://www.uscis.govhttps://www.imm...idavit-support)


If You Can’t Meet the Minimum Income Requirements

If you cannot meet the minimum income requirements using your earned income, you have various options:

You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).




Now since we do not meet the requirements, could you explain this part to me please? I think it basically states that I must have a certain amount in my account or some sort of property? am I right or wrong?

Looking forward to hearing from you.

[Adrian Gruber]

Hi Mr Adrian Gruber!

I am going through the same problem, I want to file it for my mother only, my income is not enough and I am unable to find a joint sponsor to help me out, however I read on the USCIS website, I have pasted the relevant part below and the link is (https://www.uscis.govhttps://www.imm...idavit-support)


If You Can’t Meet the Minimum Income Requirements

If you cannot meet the minimum income requirements using your earned income, you have various options:

You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).




Now since we do not meet the requirements, could you explain this part to me please? I think it basically states that I must have a certain amount in my account or some sort of property? am I right or wrong?

Looking forward to hearing from you.

In essence you must have assets exceeding 125% over poverty line, the amount is based on your family size living in your household.
IE: If your household is 2 persons your income level of $16k+ is considered poverty level. To exceed it by 125% the math works out to over $20K
So you must have savings and earnings of over $20K or have stocks, bondsor an anuity exceeding combined income$20000

[taahaa]

In essence you must have assets exceeding 125% over poverty line, the amount is based on your family size living in your household.
IE: If your household is 2 persons your income level of $16k+ is considered poverty level. To exceed it by 125% the math works out to over $20K
So you must have savings and earnings of over $20K or have stocks, bondsor an anuity exceeding combined income$20000

Hello Sir, first of all thank you for your reply, it has been really helpful, secondly I have a few more questions, if you could please help me out again!


Now I can't file my taxes for 2016, so my income is out of the question. however a relative of mine has agreed to help me out, his household comprises of 6 people and with him sponsoring my mother that makes it a total of 7 and the poverty guidelines for a family of 7 is $46,425 and his income for the year of 2016 was around $32,000. He has agreed to show his home, now would there be any issues with this or not? Secondly if this is possible, what are the required paperwork I need ?

His income shows a deficit of $14000, that amount times 5 equals out to be $70,000. Therefore his house must be worth more than $70,000 for this to work through right?

Thanks again for your reply, looking forward to hearing from you soon!

[Adrian Gruber]

Hello Sir, first of all thank you for your reply, it has been really helpful, secondly I have a few more questions, if you could please help me out again!


Now I can't file my taxes for 2016, so my income is out of the question. however a relative of mine has agreed to help me out, his household comprises of 6 people and with him sponsoring my mother that makes it a total of 7 and the poverty guidelines for a family of 7 is $46,425 and his income for the year of 2016 was around $32,000. He has agreed to show his home, now would there be any issues with this or not? Secondly if this is possible, what are the required paperwork I need ?

His income shows a deficit of $14000, that amount times 5 equals out to be $70,000. Therefore his house must be worth more than $70,000 for this to work through right?

Thanks again for your reply, looking forward to hearing from you soon!

Joint Sponsor

A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

Good luck.

[newacct]

Now I can't file my taxes for 2016, so my income is out of the question.

What matters is your income right now, not what it was in 2016.

[taahaa]

Joint Sponsor

A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

Good luck.

Hello Sir!


Thank you for your quick reply, it has been a great stress reliever!

My uncle is going to be my joint sponsor and he is willing to show his house as well, I was wondering what is the procedure for that? For example, I would still file the i130 and i864 but how do i go about it?

Thank you.

[tc1981]

1) The sooner you file the quicker it is, a number of factors will determine when you are called.
A) Your application and petition include all supporting documents
B) The area you and your mother are located will determine where your designated field office is
C) Your field office case load
Here is a USCIS link to processing times: https://egov.uscis.gov/cris/processTimesDisplayInit.do

2) Here are the guidlines provided by USCIS for qualified interperters: https://www.uscis.gov/ilink/docView/...-0-0-2798.html

3) You will need 2 sets of varying documentation for your "Petition for Alien Relative" I-130:
A) Required Documents for Submission With the I-130
You will need to gather the following documents along with the signed form and filing fees:
Proof of your U.S. citizenship. Depending on how you became a citizen, you should make a copy of your birth certificate, passport, certificate of naturalization, Form FS-20 (Report of Birth Abroad of a United States Citizen), or certificate of citizenship.
Proof that you are the son or daughter of your parent: This can most likely be covered by submitting a copy of your birth certificate listing your parent as your mother or father—and if it's a father, their marriage certificate, as well. For an adoptive parent, include the adoption certificate. For a step-parent, include both your birth certificate and the marriage certificate with your biological parent. See the USCIS instructions to Form I-130 for details.
Fees. The fee for an I-130 visa petition is, as of December 23, 2016, $535. However, these fees go up fairly regularly, so double-check this on the USCIS website at www.uscis.gov/i-130 or by calling USCIS at 800-375-5283.
B) For "Adjustment of Status" I-485 your mother will need to provide the following: Form I-485 is the main piece of your adjustment of status packet, but it is by no means the only piece. Different people need to attach different backup forms and evidence depending on their individual immigration situations. Here's what you most likely need to submit with your completed Form I-485 for starters:
proof of your eligibility for a green card (for example, your notice of approval as an asylee; a Form I-130 and marriage certificate if you married a U.S. citizen; your visapetition approval notice and marriage certificate if you entered as a fiance; and so forth)
Form G-325A Biographic Data Sheet
Form I-693 Medical Examination Sheet (filled out by a designated Civil Surgeon, and in a sealed, unopened envelope
Form I-864, Affidavit of Support, with supporting financial and tax documents (if your basis for applying is through a U.S. family member
Form I-765, in order to request permission to work (even if you don't plan to work, it gets you a handy photo identity card, and you won't have to pay a separate fee for it if you include this application with your adjustment of status packet)
Form I-131, to receive what's called "advance parole" in case you need to travel out of the U.S. while the adjustment process is still underway (if you leave without obtaining advance parole, your green card application will be canceled; and as with the I-765, it's a good idea to file this form now, because if you wait until later, you'll have to pay a separate fee)
evidence of any criminal convictions (if you have any, it's highly possible you are inadmissible -- see an attorney)
two color photos, taken within the last 30 days, passport style
photocopy of the nonimmigrant visa page of your passport (if any)
your birth certificate, with an English translation if it's not already in English, and
required fee for the application and for biometrics (fingerprinting).
Carefully read the instructions that come with Form I-485 to find out what else you need to include. You will submit the Adjustment of Status packet by mail to USCIS. (You cannot submit it in person.) Some months after submitting it, you will be called in for fingerprinting. A few weeks or months after that, you will be called in for a personal interview at a USCIS office, where your permanent residence will be granted or denied.

Thank you so much Adrian Gruber!

One more question: I am filing for my mother, but I don't work. My husband has enough income to be her sponsor. As I understood I need to fill out I-864 and my husband I-864A, plus his income and our joint tax return? Is that correct?

[Adrian Gruber]

Thank you so much Adrian Gruber!

One more question: I am filing for my mother, but I don't work. My husband has enough income to be her sponsor. As I understood I need to fill out I-864 and my husband I-864A, plus his income and our joint tax return? Is that correct?

Correct!

[cumd]

does my child over 21 be my sponsor? He has no income, still studying.

Hi Mr Adrian Gruber!

I am going through the same problem, I want to file it for my mother only, my income is not enough and I am unable to find a joint sponsor to help me out, however I read on the USCIS website, I have pasted the relevant part below and the link is (https://www.uscis.govhttps://www.imm...idavit-support)


If You Can’t Meet the Minimum Income Requirements

If you cannot meet the minimum income requirements using your earned income, you have various options:

You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).




Now since we do not meet the requirements, could you explain this part to me please? I think it basically states that I must have a certain amount in my account or some sort of property? am I right or wrong?

Looking forward to hearing from you.

Hi. Could I ask you about I-864, Affidavit Support ? my son is over 21, USC by birth will be filing I-130 for me in order to AOS based on 245 (i). My son is still studying so he has no income.
How could I proceed? I am the petitioner's father, I worked year after year and my annual income is about $ 45,000. Could I be my sponsor myself?

[newacct]

Hi. Could I ask you about I-864, Affidavit Support ? my son is over 21, USC by birth will be filing I-130 for me in order to AOS based on 245 (i). My son is still studying so he has no income.
How could I proceed? I am the petitioner's father, I worked year after year and my annual income is about $ 45,000. Could I be my sponsor myself?

Your income (the intending immigrant's income) can only be counted if you are authorized to work in the US.

[PetersTractor]

Help with I-130

Hi Everyone,

I didn't want to create a new thread for my questions, I hope this is ok.
I am surprised there are not so many questions about filling out the I-130. I found the instructions extremely ambiguous. So I hope to get some help here! Thanks in advance!

Part 2.
Mailing Address
Page 2
Item 12.a.
Provide your physical addresses for the last five years, whether inside or outside the United States. Provide your current address first if it is different from your mailing address in Item
Numbers 10.a. - 10.i.
- What if my mailing and physical addresses are the same, what should I write in 12.a. my most recent previous address or leave items 12-13 blank and start listing previous addresses from 14.a (Physical Address 2)?


Part 2.
Employment History
Page 4
Item 42
Provide your employment history for the last five years, whether inside or outside the United States. Provide your current employment first. If you are currently unemployed, type or print "Unemployed" in Item Number 42.
- I have a gap of 2 years within last 5 years because I went to school - should I mention it and in which way - put education info as a student or state that I was unemployed?
Also instructions don’t say anything about where to put additional employment information that doesn’t fit into one page, I assume into Part 9?

Part 3.
Other Address and Contact information
Page 5
Item 11.a.
If the beneficiary lives outside the United States in a home without a street number or name, leave Item Numbers 11.a. and 11.b. blank.
- If my mother lives outside of the U.S and does have home with a street number and name do I need to put her address here? I know it's a silly question, but then the item 13.a. doens't make much sense, should I just type in "SAME" in 13.a then?

Part 2.
Other Address and Contact information
Page 5
Item 12.a.
- It says “Provide address in the United States where the befeficaiary intends to live, if different from Item umber 11.a.-11.h. If address is the same, type or print "SAME" in Item Number 12.a.”
What if my mother lives outside of the United States, should I list here the address where she inteds to live in the United States? There is info on what to do if my mother doesn't live in USA now, and it seems that they are giving instructions only in case she lives somewher in the U.S. now.

Part 4.
Names of Beneficiary's Spouses (if any)
Page 6
Item 21.a.
Provide information on the beneficiary's current spouse (if currently married) first and then list all the beneficiary's prior spouses (if any).
- What if my mother is not currently married, but had been married to my father twice (got married before I was born then divorced when I was 5, then got married again when I was 16 and then divorced again when I was 31) previously, should I mention my father’s information in Spouse 1 and Spouse 2? Or should I skip Spouse 1 and write my father’s name in Spouse 2 and Spouse 3 sections since they are specifically asking for a current spouse in Spouse 1? Also what should I answer to “How many times has the beneficiary been married?” – once or twice (since she was married to one person twice, I think twice, but who knows)?

Part 4.
Beneficiary's Employment Information
Page 7
Item 51.a.
Provide the beneficiary's current employment information (if applicable), even if they are employed outside of the United States. If the beneficiary is currently unemployed, type or print "Unemployed" in Item Number 51.a.
- If my mother is retired should I still type “Unemployed”?

Part 9.
- The instructions are saying that I can either use space provided in Part 9. Additional Information or use a separate sheet of paper. I am planning to use additional sheet of paper because their form is hard to format and when you type the text doesn’t match the lines. So I guess there no problem with this, right?
Another questions is they are asking to enter the item number, so which item number should I create for additional Address History section? 16, 17, 18 etc. are already taken for other sections, should I use 14.1.a, 14.1.b, 14.1.c, 14.1.d, 14.1.e, 14.1.f, 14.1.g, 14.1.h, 14.1.b and 15.1.a, 15.1.b?

Sorry for so many questions but I hate to have my I-130 returned for me misunderstanding their instructions.

Thanks!
Peter

[Jell]

1) The sooner you file the quicker it is, a number of factors will determine when you are called.
A) Your application and petition include all supporting documents
B) The area you and your mother are located will determine where your designated field office is
C) Your field office case load
Here is a USCIS link to processing times: https://egov.uscis.gov/cris/processTimesDisplayInit.do

2) Here are the guidlines provided by USCIS for qualified interperters: https://www.uscis.gov/ilink/docView/...-0-0-2798.html

3) You will need 2 sets of varying documentation for your "Petition for Alien Relative" I-130:
A) Required Documents for Submission With the I-130
You will need to gather the following documents along with the signed form and filing fees:
Proof of your U.S. citizenship. Depending on how you became a citizen, you should make a copy of your birth certificate, passport, certificate of naturalization, Form FS-20 (Report of Birth Abroad of a United States Citizen), or certificate of citizenship.
Proof that you are the son or daughter of your parent: This can most likely be covered by submitting a copy of your birth certificate listing your parent as your mother or father—and if it's a father, their marriage certificate, as well. For an adoptive parent, include the adoption certificate. For a step-parent, include both your birth certificate and the marriage certificate with your biological parent. See the USCIS instructions to Form I-130 for details.
Fees. The fee for an I-130 visa petition is, as of December 23, 2016, $535. However, these fees go up fairly regularly, so double-check this on the USCIS website at www.uscis.gov/i-130 or by calling USCIS at 800-375-5283.
B) For "Adjustment of Status" I-485 your mother will need to provide the following: Form I-485 is the main piece of your adjustment of status packet, but it is by no means the only piece. Different people need to attach different backup forms and evidence depending on their individual immigration situations. Here's what you most likely need to submit with your completed Form I-485 for starters:
proof of your eligibility for a green card (for example, your notice of approval as an asylee; a Form I-130 and marriage certificate if you married a U.S. citizen; your visapetition approval notice and marriage certificate if you entered as a fiance; and so forth)
Form G-325A Biographic Data Sheet
Form I-693 Medical Examination Sheet (filled out by a designated Civil Surgeon, and in a sealed, unopened envelope
Form I-864, Affidavit of Support, with supporting financial and tax documents (if your basis for applying is through a U.S. family member
Form I-765, in order to request permission to work (even if you don't plan to work, it gets you a handy photo identity card, and you won't have to pay a separate fee for it if you include this application with your adjustment of status packet)
Form I-131, to receive what's called "advance parole" in case you need to travel out of the U.S. while the adjustment process is still underway (if you leave without obtaining advance parole, your green card application will be canceled; and as with the I-765, it's a good idea to file this form now, because if you wait until later, you'll have to pay a separate fee)
evidence of any criminal convictions (if you have any, it's highly possible you are inadmissible -- see an attorney)
two color photos, taken within the last 30 days, passport style
photocopy of the nonimmigrant visa page of your passport (if any)
your birth certificate, with an English translation if it's not already in English, and
required fee for the application and for biometrics (fingerprinting).
Carefully read the instructions that come with Form I-485 to find out what else you need to include. You will submit the Adjustment of Status packet by mail to USCIS. (You cannot submit it in person.) Some months after submitting it, you will be called in for fingerprinting. A few weeks or months after that, you will be called in for a personal interview at a USCIS office, where your permanent residence will be granted or denied.

Hello Sir,

Sorry to butt in on this thread. I am on the same situation right now. Can I clarify the fees for all the forms? So the I-130 is $535, I-485 is $1,225 and the rest are no cost if i file them all together? Did I get that right? Cause I saw online the I-765 has a fee of $410, so to my understanding this will be free if I file them all at once (I-130, I-485, I-693, I-864, I-864A, I-765, & I-131). My parents are already here in the U.S. since June 2019 and I'm now preparing for their paperwork. My husband is in the military and I'm in the process of employment. That's why I need my husband's sponsorship. I just want to make sure I am submitting the correct forms and fees.

Thank you so much,
Jell

[Tanima]

I applied the green card for my dad on October 26 2018 last year, we got the letter saying they have received our application after that we did not get anything from them. Is anybody there have applied green card for their parents and got any information please share. My dad wants to go India for sometime is it ok to travel while application is in process. Thanks