GC process (I-130) for parents already here on tourist visa

[myaP 0]

Hi,

My parents are currently here on a tourist visa. I was planning on applying for their GC once they went back but their tourist visa is expiring in Jan and I would like they to stay longer to help me with my newborn. I was told that I can apply for it while they are here in the US as well. All I need to do for that is submit an I-130 application for each of my parent. Then when they get an interview call - I apply for adjustment of status. By this they get the GC while they are here in the US.

Has anyone applied for GC by this process?

Can you please list down the steps and the forms i need to fill and documents I need to submit?

How long does it take to get the GC?

Do they have to get their medical done here in that case?

Also if they don't have their birth certificates can i apply using affidavits?

Thanks in advance

- Mya P

Edited August 12, 2011 by myaP

[Harpa Timsah 13,263]

You would use this guide, but change it slightly for parents, not spouse. http://www.visajourney.com/content/i130guide2

The list of forms there is correct. You can read the parent specific instructions on the form instructions. You send all of those forms in at the same time. You will need their birth certificates, and they will do a medical here.

[Done--Really 331]

Are you a USC--that is the first step. If you aren't, then you can not sponsor them. If you are, then best wishes--it's not too hard--just follow all the procedures exactly.

[Navyk 78]

Hi,

My parents are currently here on a tourist visa. I was planning on applying for their GC once they went back but their tourist visa is expiring in Jan and I would like they to stay longer to help me with my newborn. I was told that I can apply for it while they are here in the US as well. All I need to do for that is submit an I-130 application for each of my parent. Then when they get an interview call - I apply for adjustment of status. By this they get the GC while they are here in the US.

Has anyone applied for GC by this process?

Can you please list down the steps and the forms i need to fill and documents I need to submit?

How long does it take to get the GC?

Do they have to get their medical done here in that case?

Also if they don't have their birth certificates can i apply using affidavits?

Thanks in advance

- Mya P

I applied for my wife - applying for parents is also similar. If you are a permanent resident (GC), it will take long time but if you are citizen it is quite good (6 - 12 months). If you apply as a GC, you can get the status changed later when you become a Citizen, apply soon. Once this process is done, they will enter as GCs.

Medical will be much later in India just before interview. And if they don't have birth certificate, get 2 notarized affidavits each from close relatives that know their birth.

Check this link for I-130 petition. http://www.visajourney.com/content/i130guide1

[Done--Really 331]

Navy--

Can only apply for parents if a USC--there is no option for GC holders to sponsor parents. Also, everythng can be done with the parents already here so long as they entered with inspection, assuming OP is a USC.

[myaP 0]

Thank you all for the info

btw I am an US citizen - so I guess I can sponsor my parents

Couple of questions. my parents dont have a birth certificate - but have affidavits - is that fine?

I just want to make sure i understand the process correctly -

Can they go back to india once i file for their GC? We were told once we file the I-130 their status is frozen which means if they are in the US they cannot go back till they get their GC - is that true? What we were thinking of doing was file the I-130 (only) - and get the process started .. when they go back to India in 4 months - they wait to get their interview call .. so the rest of the process they get done once they are in India .. that way I dont need to file for their AOS and they can get the medical done in India .. does this make sense?

If going back to India is not an option then that means i have to file for their AOS as well along wih I-130 - correct?

That means I need to send the I-130, G-325a, I-864 and I-485 all together .. correct?

Should al these be in the same package to chicago?

If I need to send all the forms together does that mean we need to get the medical done first and send that along with the forms? One of the form I think the 485 requires the medical to be a part.

Thanks,

Mya