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Advise needed with a specific situation in sponsoring GC for father

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  • Advise needed with a specific situation in sponsoring GC for father

    Hello,
    I am a US citizen and a HOME MAKER. I file taxes jointly with my husband who is employed. I want to apply for green card for my father who is a widower and I am his only child. He is 63 years old and is in India. He has 10-year multiple entry visa. I have some questions.

    1. Can I apply for green card for my father showing my husband's income for support? If yes, what are the documents that I need?

    2. Apart from my birth certificate, what other documents do I need?

    3. Since my father is a widower, he is not able to get his marriage certificate now. What are the other options to fulfill the marriage certificate requirement?

    4. What is the best way to apply for his green card. Should we make him come here and then apply for his green card OR should we opt for consular processing in India?

    Please advise me in detail. It would be of great help to us. Thank You.

  • #2
    1. Yes, you can. Your husband can be a cosponsor. For detailed info
    on affidavit of support and cosponsorship I suggest you visit the New Delhi
    US embassy website.

    https://www.immihelp.com/family-base...ard/index.html

    2.Again all documents required are listed on the website which is nicely prepared. Two documents are very vital ; Your municipal birth certificate showing your dad's name correctly (matching with his passport) as it will establish the petitioner-beneficiary relationship. Second, his own bc will be required later when he is interviewed. That should show all the details correctly. If either of the bcs have incomplete info or have errors, you will need affidavits.

    3.Marriage certificate won't be required if he can show your mom's death certificate.
    .
    4.Adjusting status to GC from a visitor visa in US carries a risk of denial.
    Because the officer can decide that he entered US with a preconceived intent to adjust which is not allowed for a visitor visa. Anyway, there is no advantage of this over consular processing as both take about the same time.

    It is absolutely safe you go for consular processing. Plus the staff at New Delhi embasy is familiar with local problems with
    birth certificates (inaccuracies), police certificates, if there are any. Again look up the New Delhi website , it explains everything very nicely.

    Good luck.

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