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Help Please. Concurrrent filing for father who is in US on B-2 visa 'CHECKLIST'

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I am US citizen about to file concurrently i-130 and i-485 for my father who is currently in the US on a B2 visa with a 6 month validity.

He has now been here for 90 days.

The requirements are confusing particularly as there many extra requirements that only apply to marrriage based applications and these are not necessary but get lumped in with family based queries and answers.

I believe I have covered everything but sure would appreciate some feedback as I would like to get it right the first time

PARTICULAR QUERIES.

1:I have read in various posts that the petitioner needs to send in photos but that that seems to apply ONLY in the case of

marriage based application. I believe we only need send in the 4 photos of the beneficiary as in the list below.

2: my father held a green card from 1987 til 2010 when he returned to live in New Zealand to take care of his parents and voluntarily surrendered it.(we are supplying a copy of the i-407) He has a completely clean record with US immigration and has never been out of status in any way. Nevertheless the USCIS being the USCIS is anyone aware of any special requirements we should know about for his situation.

Thanks so much for your time and help.

Cover Letter to USCIS

Dear Sir/ Madam:

I am a US citizen concurrently filing ( I-130 , I-485) for my father who is presently in the USA on a B2 visitor visa.

Petitioner (U.S. Citizen): ---------------------

Beneficiary (Father)): ---------------------------

Enclosed are the following forms and documents.

G-1145 E-notification of application/petition acceptance,

I-130 (Petition for Alien Relative),

Check payable to U.S. Department of Homeland Security for $420 filing fee

Copy of form FS-240 Consular Report of Birth Abroad. ( verifying my US citizenship)

Copy of petitioner’s birth certificate showing the names of both parents

Copy of Petitioner parents’ marriage certificate establishing that petitioner’s father was married to petitioner’s mother before petitioner was born.

Copy of my mothers divorce decree from an earlier marriage

I-485 (Application to Register Permanent Residence or Adjust Status),

Check payable to U.S. Department of Homeland Security for $1070 ($985 I-485 filing fee + $85 biometric fee)

Copy of beneficiary I-94 form

Copy of beneficiary current passport (biographical page ,visa as well as entry stamps)

Copy of beneficiary birth certificate

Two passport-style color photos of beneficiary

I-864 (Affidavit of Support)

Copy of tax returns for 2014 and 2015 (I was not required to file in 2013)

Copy of most recent paystub

letter explaining non filing 2103 ( At college, income under the filing threshold)

G-325A (Biographic Information for beneficiary),

I-693 (Report of Medical Examination and Vaccination Record),

Sealed envelope containing form I-693, Report of Medical Examination and Vaccination Record

I-131 Application for Travel Document.

Copy of passport page with visa and current entry stamps

Copy of current i-94

letter explaining why he needs advance parole

2 passport photos of beneficiary (attached with a paper clip to Form I-131 and signed)

Thank you for your assistance in this matter

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hi

since he had a GC and social security number perhaps, you need to put the same numbers wherever requested, he will get the same number for this new GC

he probably will be asked why now, or if he is ready to stay, since he once had a GC and surrendered it

your missing the i765 work permit

I hope he didn't have the intent to stay and adjust status when he got here, and that he didn't lie at customs for reasons of staying here

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Hi Aleful

thanks for your post

I have been told not to use original green card number. Apparently it is no longer relevant in any way as far as USCIS is concerned.

Dont need i-765 as he doesnt intend to work

Wondering if we should put in a cover letter explaining why he surrendered green card in 2010 and why he wishes to come back to live in the US again.

Dont think that it could hurt.

Been over 3 months since he entered so dont think intention is an issue here.

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***** Moving from Bringing Family to AOS from Tourist Visa forum for more answers *****

Yes I think a cover letter explaining the previous situation would be good.

Intention could be an issue, depending on what he was asked when he entered. It sounds like he is retired? Probably less of an issue then, but do ask him what, if anything, he talked to the immigration officer at the border about when he came to visit. If it was jsut the usual "how long do you plan on staying, where?" he should be fine.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Intention is irrelevant. USCIS would have known when requesting the visa, or CBP at the point of entry, that he had a green card in the past.

He's immediate family of a USC and no prior issues. Straight forward, I would say.

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Hi Aleful

thanks for your post

I have been told not to use original green card number. Apparently it is no longer relevant in any way as far as USCIS is concerned.

Dont need i-765 as he doesnt intend to work

Wondering if we should put in a cover letter explaining why he surrendered green card in 2010 and why he wishes to come back to live in the US again.

Dont think that it could hurt.

Been over 3 months since he entered so dont think intention is an issue here.

hi

not true, a number is given for life, I was petitioned by my mom a few years ago and had a GC when I was a child and I got my old GC number and SS number back when petitioned this time

you must fill out the form truthfully, and where it requires an A# or social security number, if you have or had one, you must put it down on the form

if he doesn't have a social security number he can get one with the work permit, plus EAD work permit allows him to live in the country legally why he waits for the interview, if given one

since it's free, there is no harm in sending it

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hi

not true, a number is given for life, I was petitioned by my mom a few years ago and had a GC when I was a child and I got my old GC number and SS numbe

Thanks for your excellent advice on this. You are correct.

I had been told by an attorney NOT to use my old number because it had been abandoned and was therefore no longer relevant. Turns out that was not the best advice.

I posted the question on Avvo and 3 attorneys replied all agreeing with you. Apparently you can leave the A number blank and you will then get a new A number. However you will then end up with problems the first time you enter and AO will want to know why there are 2 A numbers associated with your file. Can take hours to sort this out. One of the attorneys also said entering the A number will make it easier for them to locate my file and info. Makes sense.

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Alien numbers are permanent and unchanging in the same way that social security numbers are. As you say, if one person has multiple alien numbers then this can cause significant issues down the line, because different pieces of their file will be under different numbers. You should certainly include his old alien number in the appropriate spaces on the forms.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

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