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Applying green card for father

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  • Applying green card for father

    Hi,

    I have couple of question will sincerely appreciate the help from all of you. Even of you know answer to any one of my question. Please reply and provide your comment to specific question.


    Background:
    I am US Citizen, while my wife is a green card holder, Still in process getting US citizen.

    Questions:
    1. Can I sponsor green card for my father in law and mother in law ? OR that process could only be started after wife become US citizen.

    2. For my dad, my mother had passed way couple of year ago. I want to apply for Green card. He currently have B1/B2 visa. Already read the requirements of the same in I-130. Some questions:

    2 a) I-130 states that parent must have marriage certificate, to prove that you were born out of wed lock. My father is 85 now. Got married more than 60 hears ago. Does not have any marriage certificate and now at his age..it may also be difficult to fins witness who say his marriage 60 hears ago. IS that a must requirement or my birth certificate is enough as it states the name of my father as well as my mother.

    2 b) If my birth certificate is not enough. What all the options . What do we need to submit in place of the marriage certificate.

    2 c) Once we apply for green card. Can my father enter in US on B1/B2 visa. What will be his status. Will he gets the medical benefits that comes with the Green car once he apply for it or need to wait till he gets his green card in his hand to get his medical benefits. ?

    2 d) I know he can get travel insurance from him country but those insurance are only valid for 6 months. I know it will take more than 6 month for him to get his medical insurance (right now Feb is the current date)

    What is best way to cover him on medical aspect once his travel insurance expires (after 6 months in US) and if he is not covered by US medical benefits before becoming US green card holder.


    Thanks...Dil

  • #2
    I can reply to only a few queries.

    since you can sponsor only your parents, your wife will have to wait for her citizenship to sponsor her parents.

    The thing with GC is that you swear to bear all expenses when you sign that affidavit of support. So there are no medical benefits to go along with GC.

    once GC is approved his B1/2 is void and he will use GC to enter.

    Marriage certificate can be replaced by affidavits, one can be by him other by anyone of your realtives who might have attended his wedding.

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    • #3
      1.Only when your wife becomes a citizen, she can file an I-130 for them.
      You cannot sponsor your inlaws for a gc.

      2ab http://travel.state.gov/visa/frvi/re...city_3582.html
      read the header MARRIAGE CERTIFICATES on this page.

      2c. Once you file an I-130 for him, he WILL NOT be allowed in on a B1/B2 by the airport officer. ( immigrant intent vs non-immigrant intent). He will have to wait in home country for the immigrant visa which may take about a year.
      You have another option; Direct consular filing. That will be much faster ( about 3 months) It means you can go to your home country , file an I-130 at the US embassy and return to US. Normally they want the USC to be resident in home country on a long term visa for at least 6 months to file an I-130 at the embassy but your case is special , your dad is 85, so they will most likely waive this residency requirement. THE FIRST STEP IS TO WRITE AN EMAIL TO THE USCIS AT THE EMBASSY IN YOUR HOME COUNTRY;
      "I AM A USC WITH PASSPORT NO. YYYY I WISH TO FILE AN I-130 FOR MY DAD LIVING IN-----. HE IS 85 YEARS OLD , A WIDOWER, SO I WISH TO BRING HIM TO US AS SOON AS POSSIBLE. WILL YOU LET ME FILE AN I-130 AT YOUR EMBASSY WITHOUT ME COMPLETING THE LONG TERM RESIDENCY REQUIREMENT AT ----( NAME OF HOME COUNTRY)?"

      Comment


      • #4
        thanks

        Thanks you peace and waitin toolong. I sincerely apprecite your guys taking out time to provide feedback.

        Regards...Dil

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