Need some clarification please

[Collie 122]

I have been reading the guidelines on VJ and on the uscis website but I am still a wee bit confused.

I plan to file for my parents once I achieve citizenship (hopefully within a few mths) and am getting confused with the forms. Its been a few years since I did the original conditional GC paperwork!

Can someone explain the difference between the I-130 and I-485? Do we have to do both these forms to petition my mum and dad? What exactly is the process and at what stage are they legal to enter the U.S?

Thanks! Kat

[TayRivers 4]

I have been reading the guidelines on VJ and on the uscis website but I am still a wee bit confused.

I plan to file for my parents once I achieve citizenship (hopefully within a few mths) and am getting confused with the forms. Its been a few years since I did the original conditional GC paperwork!

Can someone explain the difference between the I-130 and I-485? Do we have to do both these forms to petition my mum and dad? What exactly is the process and at what stage are they legal to enter the U.S?

Thanks! Kat

Hi Kat

My parents were just approved at their London Interview today and they will be entering the US next Friday. The process you are going to follow is the same process as the CR1/IR1 visa for a spouse. You will start the application by filing form I-130 for each of your parents, they are both mailed to USCIS in the same envelope. The I-130's are then processed by USCIS and once they are approved they are then forwarded to NVC you will find a good flow chart for NVC here http://www.visajourney.com/examples/NVC_Pr...wchart_v1-2.pdf You can start by reading the guide for NVC and the guide for applying for reletives.

http://www.visajourney.com/wiki/index.php/...nal_Visa_Center

http://www.visajourney.com/forums/index.ph...gration-parents

You would only be using the I-130 and the I-485 if your parents were already in the USA. If they are at home then you need to follow the I-130 route with this once they enter the US on their IR-5 visa they will be greencard holders and would have nothing else to apply for until the need to renew their greencard in 10 years time or become citizens in 5 years time.

If you have any question just ask.

Edited July 29, 2009 by TayRivers

[Collie 122]

Tay, first of all many congratulations to your parents! what wonderful news:)

Thank you so much for taking the time to explain this to me. It now makes more sense. I wasn't even aware that the greencard is a 10 year one and not just a 2 year conditional card. Awesome! Do the parents get their GC when they are in the US or in the UK?

They are still in the UK right now so it will be the I-130 route that they will be taking. Once they are approved at their interview do they have to enter the US in a certain time period or can they take some time to tie up loose ends and sell their existing home?

Thank you so much again for your help!

[TayRivers 4]

Tay, first of all many congratulations to your parents! what wonderful news:)

Thank you so much for taking the time to explain this to me. It now makes more sense. I wasn't even aware that the greencard is a 10 year one and not just a 2 year conditional card. Awesome! Do the parents get their GC when they are in the US or in the UK?

They are still in the UK right now so it will be the I-130 route that they will be taking. Once they are approved at their interview do they have to enter the US in a certain time period or can they take some time to tie up loose ends and sell their existing home?

Thank you so much again for your help!

What happens is they have a Visa printed in their UK passport that is what gets them into the US. Once they arrive in the US they have to hand the immigration officer the large sealed envelope that they are given by the embassy (it contains all there papers) the officer checks it all and then stamps their visa. the visa then becomes a temp greencard valid for 1 year and it is good for international travel and work in the US. The officer will check with them the address that they will be living at in the US and that is where their actual greencards will be mailed to.

Once the Visa has been issued by the London Embassy it is valid for 6 months. so they would have to use it before the expiry date. We had planed that if they were not ready to move after they got the visa that they would fly over and activate the Greencard production and then fly back to the UK until they were ready to come over for good. As it has turned out they sold their house quicker than they thought and will be here on Aug 7.