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Death of one parent midway through green card application

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  • Death of one parent midway through green card application

    Hi,

    I filed I-130 for both my parent in March 2018 with consular processing (both are Indian citizens; consular processing office assigned is Johannesburg given that they reside in Botswana, Africa). I-130 was approved in September 2018. Before we could complete the required documentation for NVC (i-864, DS-260, etc), my father passed away in December 2018. In order to not leave my mom alone (At least for a short period), we flew her in to the US in late December on her valid Visitor's VISA. Some questions:
    - What is the process for declaring that my father passed away? How can I ensure that my mother's application doesn't get affected.
    - Given that she has now come to the US, is it possible to just apply for adjustment of Status for her given that she is in the US? How long will the application take and can she travel outside the US while this is pending? If she needs Advance parole before she travels, how long would that take?
    - Question unrelated to my dad's death on I-864: My income is well above poverty levels. However, my wife and I file taxes jointly and they do ask for a copy of last year's return. Do I have to list her as a joint sponsor?

    Thank you!

  • #2
    Death of one parent mid way through green card application

    I had hoped to receive some replies by now. Bumping back up to the top of the forum.

    Thanks

    Comment


    • #3
      Originally posted by mahindro View Post
      Hi,

      I filed I-130 for both my parent in March 2018 with consular processing (both are Indian citizens; consular processing office assigned is Johannesburg given that they reside in Botswana, Africa). I-130 was approved in September 2018. Before we could complete the required documentation for NVC (i-864, DS-260, etc), my father passed away in December 2018. In order to not leave my mom alone (At least for a short period), we flew her in to the US in late December on her valid Visitor's VISA. Some questions:
      - What is the process for declaring that my father passed away? How can I ensure that my mother's application doesn't get affected.
      - Given that she has now come to the US, is it possible to just apply for adjustment of Status for her given that she is in the US? How long will the application take and can she travel outside the US while this is pending? If she needs Advance parole before she travels, how long would that take?
      - Question unrelated to my dad's death on I-864: My income is well above poverty levels. However, my wife and I file taxes jointly and they do ask for a copy of last year's return. Do I have to list her as a joint sponsor?

      Thank you!
      1. Each application is separate, and one does not effect the other.
      2. Yes. Varies from field office to field office, but you are looking anywhere from 6 months to 1.5 yrs. About 6 months.
      3. No.
      Just an opinion; Not legal advice.

      Comment

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