I-130 for Widowed Mother

[rajespriya]

Greetings everyone, could someone kindly please guide me with my queries? I'm trying to file I-130 & I-485 concurrently for my widowed mother who is currently in the US. USCIS states only Naturalization Certificate/US Passport and my Birth certificate as required documents for I-130. Do I need to submit my father's Death Certificate at any point (I-130/I-485) as USCIS doesn't mention this? Also I would like to know if 9 year old affidavits that I had initially got from my relatives during my GC processing can be still valid as proof of secondary evidence for non availability of my mother's birth and marriage certificate? Thank you for your help, appreciate it greatly.

[ST2022]

Establishing clear proof of relationship to the parent for whom you are filing is critical. If your birth certificate mentions parents full names it will not cause any issues. You as the son/US citizen should also file Form I-864 Affidavit of Support on behalf of the parent along with the I-130/I-485.

with regards to parents birth certificate - having sworn affidavits from blood relatives that have known your mother for a while and/or certificate from the Home country based on passport or other documentary evidence should suffice. Possible multiple documentation (secondary) may be requested by USCIS.

[rajespriya]

Establishing clear proof of relationship to the parent for whom you are filing is critical. If your birth certificate mentions parents full names it will not cause any issues. You as the son/US citizen should also file Form I-864 Affidavit of Support on behalf of the parent along with the I-130/I-485.

with regards to parents birth certificate - having sworn affidavits from blood relatives that have known your mother for a while and/or certificate from the Home country based on passport or other documentary evidence should suffice. Possible multiple documentation (secondary) may be requested by USCIS.

Thank you so much ST2022, appreciate your help. Could you also kindly let me know if my father's Death Certificate is necessary and whether old affidavit's still hold good for submission now?

[ST2022]

Form I-130 :

Reviewing instructions for form I-130 the only information needed for Beneficary martial status is in Part 4(18). No documentary evidence asked.


Opinion : So in short Father’s Death certificate not needed.

Form I-485 :

Reviewing instructions for Form |-485 the primary applicant needs to provide birth certificate.

— pasted small section of the printed instructions. —

When your birth certificate is not available or does not exist, you must submit other acceptable evidence relating to the facts of your birth, such as church or school records, hospital or medical records, personal affidavits, or similar evidence.


— end of copied text —-

Opinion: So, safe to use the copies of affidavit’s you have with explanation on why official records don’t exist. ( it is a known fact in some countries birth were not officially registered before a period.)

[GeoMac]

Greetings everyone, could someone kindly please guide me with my queries? I'm trying to file I-130 & I-485 concurrently for my widowed mother who is currently in the US. USCIS states only Naturalization Certificate/US Passport and my Birth certificate as required documents for I-130. Do I need to submit my father's Death Certificate at any point (I-130/I-485) as USCIS doesn't mention this? Also I would like to know if 9 year old affidavits that I had initially got from my relatives during my GC processing can be still valid as proof of secondary evidence for non availability of my mother's birth and marriage certificate? Thank you for your help, appreciate it greatly.

I130, I485, I864 and there are a few more forms to be filled and submited together. This is ADJUSTMENT OF STATUS (AOS) procedure. Sometimes back there was a 30 days rule then they changed it to 60 days rule and now it is 90 days. You can not apply for AOS untill 90 days after her arrival in US. Better check it thoroughly on USCIS site. Also it should not appear that you inteded to apply right from the day she entered US.
There will be interview too. There can be Request For more Evidences too. This procedure is less time consuming compared to Consular Processing, however a little risk of denial is there. Once the application is submitted, the incumbant can remain in US legally untill the result. At the same time the incumbant can not leave the US normally as long as the application is pending. Taking help of an expert professional would be fine.

[rajespriya]

Form I-130 :

Reviewing instructions for form I-130 the only information needed for Beneficary martial status is in Part 4(18). No documentary evidence asked.


Opinion : So in short Father’s Death certificate not needed.

Form I-485 :

Reviewing instructions for Form |-485 the primary applicant needs to provide birth certificate.

— pasted small section of the printed instructions. —

When your birth certificate is not available or does not exist, you must submit other acceptable evidence relating to the facts of your birth, such as church or school records, hospital or medical records, personal affidavits, or similar evidence.


— end of copied text —-

Opinion: So, safe to use the copies of affidavit’s you have with explanation on why official records don’t exist. ( it is a known fact in some countries birth were not officially registered before a period.)

Thanks again ST2022

[rajespriya]

I130, I485, I864 and there are a few more forms to be filled and submited together. This is ADJUSTMENT OF STATUS (AOS) procedure. Sometimes back there was a 30 days rule then they changed it to 60 days rule and now it is 90 days. You can not apply for AOS untill 90 days after her arrival in US. Better check it thoroughly on USCIS site. Also it should not appear that you inteded to apply right from the day she entered US.
There will be interview too. There can be Request For more Evidences too. This procedure is less time consuming compared to Consular Processing, however a little risk of denial is there. Once the application is submitted, the incumbant can remain in US legally untill the result. At the same time the incumbant can not leave the US normally as long as the application is pending. Taking help of an expert professional would be fine.

Thanks for the added info GeoMac, appreciate your help. Its been more than 90 days since she arrived here and hopefully USCIS is okay with regard to the intent. Will double check on USCIS website.

[rajespriya]

Greetings everyone, my mom's I-485 was approved on Nov 30, 2022 with new card being produced on Dec 2, 2022! She adjusted her status while in the US on B2 Visa. Just to be safe, I had applied after 120 days of her entering the US. Her timeline is given below and I didn't use an attorney for her filing.

There was no interview for the I-485 application to adjust status.
Heartfelt thanks to ST2022, GeoMac and everyone. Wishing you all good luck

Timeline:
I-130/I-485 Concurrent Filing under IR-5 Category (EAD not applied, AP applied)
All documents were filed at the USCIS Phoenix Lockbox and sent via USPS Certified Mail.
Application Filed Date: April 6, 2022
Received Date: April 8, 2022
Biometrics Notice Date: July 2, 2022
Bio-Metrics Date: July 11, 2022
AR-11 & I-865 Change of Address Filed Date: Aug 22, 2022
I-130 Approval Date: Nov 29, 2022
I-485 Approval Date: Nov 30, 2022
New Card is being produced: Dec 2, 2022
Card picked up USPS: Dec 5, 2022
SSN Received Date: Dec 5, 2022
I-130/I-485 Receipt series: IOE09158*****
Filed medicals with AOS application.
I-131(AP): Case Closed (Benefit Received By Other Means)
I did check with USCIS over phone for misspelled last name on I-485 application that I had noticed only upon receiving the receipt of the application. I had sent in a written request for the correction of the same and it was corrected promptly within a couple of weeks.

[myjunkac2011]

Greetings everyone, my mom's I-485 was approved on Nov 30, 2022 with new card being produced on Dec 2, 2022! She adjusted her status while in the US on B2 Visa. Just to be safe, I had applied after 120 days of her entering the US. Her timeline is given below and I didn't use an attorney for her filing.

There was no interview for the I-485 application to adjust status.
Heartfelt thanks to ST2022, GeoMac and everyone. Wishing you all good luck

Timeline:
I-130/I-485 Concurrent Filing under IR-5 Category (EAD not applied, AP applied)
All documents were filed at the USCIS Phoenix Lockbox and sent via USPS Certified Mail.
Application Filed Date: April 6, 2022
Received Date: April 8, 2022
Biometrics Notice Date: July 2, 2022
Bio-Metrics Date: July 11, 2022
AR-11 & I-865 Change of Address Filed Date: Aug 22, 2022
I-130 Approval Date: Nov 29, 2022
I-485 Approval Date: Nov 30, 2022
New Card is being produced: Dec 2, 2022
Card picked up USPS: Dec 5, 2022
SSN Received Date: Dec 5, 2022
I-130/I-485 Receipt series: IOE09158*****
Filed medicals with AOS application.
I-131(AP): Case Closed (Benefit Received By Other Means)
I did check with USCIS over phone for misspelled last name on I-485 application that I had noticed only upon receiving the receipt of the application. I had sent in a written request for the correction of the same and it was corrected promptly within a couple of weeks.

Hello,

Thanks for this detailed post! I am in a similar boat, I applied for my widow mother's GC in November 2022 (120 days after she landed in USA). We received receipt notices for I-485, I-131, I-765, and I-130. She completed her fingerprints on Dec 6th. Quick question, did you have to file for I-94 extension after applying for GC? My mother's I-94 expires on Jan 2nd (01/02/2023). My understanding is that we do not have to file for extension as she is in adjustment of status. Is that correct? Appreciate the help.

[newacct]

Hello,

Thanks for this detailed post! I am in a similar boat, I applied for my widow mother's GC in November 2022 (120 days after she landed in USA). We received receipt notices for I-485, I-131, I-765, and I-130. She completed her fingerprints on Dec 6th. Quick question, did you have to file for I-94 extension after applying for GC? My mother's I-94 expires on Jan 2nd (01/02/2023). My understanding is that we do not have to file for extension as she is in adjustment of status. Is that correct? Appreciate the help.

She does not have to, and should not, apply for extension of stay. It would be fraudulent.

[myjunkac2011]

She does not have to, and should not, apply for extension of stay. It would be fraudulent.

Thanks for the confirmation.

[InvestWise]

She does not have to, and should not, apply for extension of stay. It would be fraudulent.

I assume this is for not extending the B2 visa or the current visa the parents are on. Is there any USCIS documentation that tells we do not need to extend B2 beyond the I94 dates?

[InvestWise]

Myjunkac2011 - do you mind sharing the service center you mailed the packet to? You seemed to have received biometrics relatively quickly. I am about to start the process and would like to get an estimate for receiving the biometrics notice for some travel reasons. Am in CA and hence our concurrent filing will go to Chicago location.

Hello,

Thanks for this detailed post! I am in a similar boat, I applied for my widow mother's GC in November 2022 (120 days after she landed in USA). We received receipt notices for I-485, I-131, I-765, and I-130. She completed her fingerprints on Dec 6th. Quick question, did you have to file for I-94 extension after applying for GC? My mother's I-94 expires on Jan 2nd (01/02/2023). My understanding is that we do not have to file for extension as she is in adjustment of status. Is that correct? Appreciate the help.

[InvestWise]

Hi Rajespriya - did you file g325A at all, either for petitioner or the beneficiary?

thank you

Greetings everyone, my mom's I-485 was approved on Nov 30, 2022 with new card being produced on Dec 2, 2022! She adjusted her status while in the US on B2 Visa. Just to be safe, I had applied after 120 days of her entering the US. Her timeline is given below and I didn't use an attorney for her filing.

There was no interview for the I-485 application to adjust status.
Heartfelt thanks to ST2022, GeoMac and everyone. Wishing you all good luck

Timeline:
I-130/I-485 Concurrent Filing under IR-5 Category (EAD not applied, AP applied)
All documents were filed at the USCIS Phoenix Lockbox and sent via USPS Certified Mail.
Application Filed Date: April 6, 2022
Received Date: April 8, 2022
Biometrics Notice Date: July 2, 2022
Bio-Metrics Date: July 11, 2022
AR-11 & I-865 Change of Address Filed Date: Aug 22, 2022
I-130 Approval Date: Nov 29, 2022
I-485 Approval Date: Nov 30, 2022
New Card is being produced: Dec 2, 2022
Card picked up USPS: Dec 5, 2022
SSN Received Date: Dec 5, 2022
I-130/I-485 Receipt series: IOE09158*****
Filed medicals with AOS application.
I-131(AP): Case Closed (Benefit Received By Other Means)
I did check with USCIS over phone for misspelled last name on I-485 application that I had noticed only upon receiving the receipt of the application. I had sent in a written request for the correction of the same and it was corrected promptly within a couple of weeks.

[newacct]

I assume this is for not extending the B2 visa or the current visa the parents are on. Is there any USCIS documentation that tells we do not need to extend B2 beyond the I94 dates?

For people in the Immediate Relative category, they don't even need to be in status at the time of filing for Adjustment of Status. See 7 USCIS-PM B.8(B). For other categories, they generally need to be in status at the time of filing, but do not need to maintain status while I-485 is pending, as far as I-485 eligibility is concerned.