Petitioning on Behalf of Parents

[carrascoshannon 0]

Hi! I am new here and I have been researching for quite some time and every time I Google a new question, it brings me to a previously asked question here on VisaJourney.com. I figure, this has to be the place to go.

Administrators, forgive me if I'm posting in the wrong section or if I ask something I'm not supposed to :/ I am a U.S. Citizen (born and raised), my husband just took his oath of Citizenship on July 5th, 2012. We initially went to a lady (non-attorney, just someone who knew what to do) to file the I-130, I-485, 864, etc. I have filed everything since then...removing conditions, Citizenship forms, etc. Now, I know the best thing is to always consult an attorney and we have, but has anyone been approved without one??? The reason I ask is because my mother and father-in-law want me to file their paperwork on their behalf. So I have been researching and compiling lists of what to send in and cover letters, and passport photos, and on and on. I just get thrown off here and there. Can anyone help me? I don't want anyone to give me step-by-step process because I have been researching and I don't want anyone to feel like they would get blamed for ill advice (and I'm not even sure it's allowed here).

However, I am going to file an I-130 for each of my husband's parents (him as petitioner). Then I will file an I-485 for each of them. I am also planning on filing I-765 (work authorization) for each of them. I need to file I-864 as well. Do I file a separate I-864 for each of them? Since my husband and I file taxes jointly, are we "co-sponsors" for each of his parents on the affidavit of support? I'm hung up here. I wish I lived next to our immigration office so I could just pop in there every day

Any advice is welcome. I do call immigration when I can and they are typically very helpful, but if I can get help here that would be awesome!!!

Thanks in advance!!

Shannon

[MrsNotBonJovi 18]

You will need to file separately for each of them, with your husband as petitioner.

If your husband meets the income requirements for filing for both of his parents, you do not have to be co-sponsor just because you file taxes jointly. If he does not meet the requirements, then you may have to chip in as co-sponsor. There is a guide for this somewhere on this forum, just not sure where. Maybe someone else can help.

Read the guides under the 'Guides' section of this forum before filing paperwork. That is all you will ever need, if your case is straight forward. All the best!

Edited July 24, 2012 by MrsNotBonJovi

[carrascoshannon 0]

Thank you!! He does meet the requirements for a household of 5...but will they look at that number and double it because he is filing on behalf of both parents? $33,762 is the 125%...will they say he needs $33,762 for both parents ($67,524)? If so, I will need to submit as well. I may just do it to be safe :/

Again, really appreciate the quick response from a member

[MrsNotBonJovi 18]

Thank you!! He does meet the requirements for a household of 5...but will they look at that number and double it because he is filing on behalf of both parents? $33,762 is the 125%...will they say he needs $33,762 for both parents ($67,524)? If so, I will need to submit as well. I may just do it to be safe :/

Again, really appreciate the quick response from a member

If he meets the poverty guidelines figure for a family of five, then you do not need anything more, as far as I know. I am not sure what you mean by the doubling part. Please wait for someone else to answer your question. Meanwhile, study this site extensively, it will save you a lot of time and dollars.

[carrascoshannon 0]

I'm on it!! Thanks again!!

[JimVaPhuong 4,863]

Are his parents currently in the United States, and did they enter with inspection? They can't file an I-485 unless they're currently in the US and entered legally.

Ok, your husband files the I-130's. If his parents are in the US and entered legally then they can each submit an I-485 at the same time and in the same package as your husband's I-130's. This is called "concurrent filing". It's the best way to do it because it prevents USCIS from sending the approved I-130's to the National Visa Center, and allows them to move forward with the adjustment of status cases. It doesn't matter if they've overstayed. That's not relevant for an immediate relative of a US citizen.

He has to submit an affidavit of support for each parent. The household size on each affidavit of support will include the parent he is sponsoring on that affidavit of support. The IO will figure out the total household size based on the number of immigrants he's sponsoring. The income isn't doubled for each immigrant. It just has to be enough to cover everyone in his household including all immigrants.

VJ has a step-by-step guide for concurrent filing:

http://www.visajourney.com/content/i130guide2

It's geared mainly for spouses of US citizens, so the evidence required will obviously be different. The forms will be the same.

[carrascoshannon 0]

Awesome!! Thank you!!!

Yes, they are currently in the US and did enter legally and have overstayed. So I can file the I-130's and the I-485's concurrently...but they go to separate addresses, right? That's what I'm seeing in the instructions for the I-485. I already typed a cover letter for the I-130's and was in the process of doing so for the I-485, but I'm seeing a different address. So, if I have to send them to a separate address, how or where do I indicate that I have already filed an I-130 for each parent? I know I don't have to wait for the I-130 approval letter, so I'm just wondering where on the I-485 I "check" that I have submitted an I-130 for his mom and his dad. On the I-485 Part 2 (a) looks like it would be the spot, but I'm not entirely sure.

I can't thank you all enough for the help you're giving me!!! I have tried other immigration sites and they are never as quick to respond and never with such knowledge

[carrascoshannon 0]

Never mind! I just saw that I will send them both to the Chicago, IL lockbox

[MrsNotBonJovi 18]

Awesome!! Thank you!!!

Yes, they are currently in the US and did enter legally and have overstayed. So I can file the I-130's and the I-485's concurrently...but they go to separate addresses, right? That's what I'm seeing in the instructions for the I-485. I already typed a cover letter for the I-130's and was in the process of doing so for the I-485, but I'm seeing a different address. So, if I have to send them to a separate address, how or where do I indicate that I have already filed an I-130 for each parent? I know I don't have to wait for the I-130 approval letter, so I'm just wondering where on the I-485 I "check" that I have submitted an I-130 for his mom and his dad. On the I-485 Part 2 (a) looks like it would be the spot, but I'm not entirely sure.

I can't thank you all enough for the help you're giving me!!! I have tried other immigration sites and they are never as quick to respond and never with such knowledge

Can someone clarify if overstay is overlooked in the case of parents of US citizens? From what little I know, only spouse overstay is overlooked in AOS. Or does this extend to all immediate relatives?

[aaron2020 11,651]

Can someone clarify if overstay is overlooked in the case of parents of US citizens? From what little I know, only spouse overstay is overlooked in AOS. Or does this extend to all immediate relatives?

Overstay for parents of US citizens are not forgiven. Only children and spouses of US citizens can have their overstay forgiven.

[ceadsearc 515]

Overstay for parents of US citizens are not forgiven. Only children and spouses of US citizens can have their overstay forgiven.

Yes, it is - overstay is overlooked for all immediate relatives, which parents of USCs are. It's in the I-485 instructions. http://www.uscis.gov/files/form/i-485instr.pdf

Section 10, part F, line 1.

It is part of the reason why people get so mad about so-called anchor babies - children born here to illegal parents can petition for said illegal parents to stay once they turn 21 and all those years overstayed are forgiven. But that is neither here nor there.

Edited July 25, 2012 by ceadsearc

[aaron2020 11,651]

Sorry for the wrong information. Ceadsearc is correct.

[Sagelady 0]

Forgive me for hijacking this thread but I am a UK based parent of a soon to be US Citizen and having just looked at the I-485 instructions -section 10 part K -have noticed if I read it correctly that it would be possible for me to come over on a 90 day visit and possibly not return but we could apply for me to stay.

Please can someone confirm that I am reading this correctly?

[NigeriaorBust 4,087]

Forgive me for hijacking this thread but I am a UK based parent of a soon to be US Citizen and having just looked at the I-485 instructions -section 10 part K -have noticed if I read it correctly that it would be possible for me to come over on a 90 day visit and possibly not return but we could apply for me to stay.

Please can someone confirm that I am reading this correctly?

Entering the US with the intent to immigrate is fraud and the possible punishment is a lifetime ban. It is not the correct way to immigrate. Do so at your own risk.

[Sagelady 0]

Don't jump down my throat but all I did was give an example and asked if I was reading the information correctly as I always understood this was NOT allowed...

I assume the original poster is in the position of applying for someone who arrived just for a visit and then deliberately or not overstayed with the intention of applying for AOS but they have just been given advice on how to proceed (not saying they shouldn't do it I wish them good luck)- not dire warnings of punishment...

And now I wait for more dire warnings instead of an answer to my original question.