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JurisDoctor

USC Bringing parents: from I-130 to Green Card

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Filed: Other Country: Russia
Timeline

I am US Citizen, over 21, parents married before I was 18. I live in US, parents are abroad. I want to bring them to the USA and obtain Green Cards for them. My main concern is that I can not grasp the whole process from initial I-130 application to GC receipt.

Yes, I read the Guide:

 

 

BUT I still have questions:

1. I fill out separate I-130 for each parent?

2. After I-130 went to NVC, what do I fill out if anything and WHEN?

3. On what stage there is an "approval" of petition?

4. Does NVC then forward my petition to local embassy for interview scheduling?

5. When do I file I-485 (at the NVC stage, when NVC approved, after they got visa, after they arrive to USA)?

6. With I-485 I file I-864, I-944, I-765, I-131 along with supporting documents?

7. Do I need to fill out the I-944 in this case and in case if my income is above 125% poverty guidelines.

8. After and if embassy issues a visa to a parent, how long do they have to arrive to USA?

9. In case if I file separate I-130 petitions for parents do I count them in I-864 Part 5 as dependents (or in any other form)? If yes, when they become a dependent, after I-130 approved, after I-485 approved or else)?

10. Separate from parent questions: My sibling is also abroad, over 21. I want to file a petition for him also. Same process as for parents (just a different priority date)?

 

It is a handful of questions, but I was not able to find a comprehensive guide for this process and it was not so easy to connect the dots.

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  1. Yes. They are separate petitions and separate visas, and will be adjudicated as such.
  2. Once you get a welcome letter, you go through NVC processing. The DOS website has the steps. Also check the wiki: https://www.visajourney.com/wiki/index.php/NVC_Process
  3. The petition is adjudicated by USCIS. This is the first step. Then it goes to NVC. Then once DQ at NVC, an interview is scheduled with the consulate. Then then interview (along with medical being completed). Then Administrative Processing. Then the visa can be issued. Then POE.
  4. See above
  5. No I-485 for an immigrant visa. That's only for people already in the US who are seeking a green card, not those abroad.
  6. See above
  7. No, I-944 is part of the I-485 process, which doesn't apply here.
  8. Until the visa expires. This is 6 months max, but is constrained by the validity of the medical exam (usually 6 months, but can be less with certain conditions).
  9. No, complete each I-864 separately. The CO will see what's up and account for it accordingly.
    1. Financial sponsorship is a major hurdle for parents. Be sure to have plans for medical insurance + OOP expenses. This is something they look closely at, not just minimums. Their age, working history, etc. are factors as well.
    2. Note that IR-5 (parents of a USC) are currently bannend under the recent Executive Order (EO). This does not impact you or them now...everything moves as normal. But if that is still the case when they are going to interview, they will be refused until the ban expires or they become exempt.
  10. Yes. Just a ~15+ year wait before having to worry about anything other than the I-130. It's a file-and-forget process for them.
    1. If unmarried, one of your parents can file for them starting day 1 from entry on their IR-5 visa. This is faster. Also, you can have multiple I-130s at the same time...whichever PD becomes current first, go with that.

 

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Other Country: Russia
Timeline
24 minutes ago, geowrian said:

5. No I-485 for an immigrant visa. That's only for people already in the US who are seeking a green card, not those abroad.

So I file I-485 along with other forms ( I-864, I-944, I-765, I-131) and docs when parent arrives to US? 

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2 minutes ago, JurisDoctor said:

So I file I-485 along with other forms ( I-864, I-944, I-765, I-131) and docs when parent arrives to US? 

No I-485, I-944, I-765, or I-131 will exist in their process at any point. they will get a physical green card via their immigrant visa (after arrival and payment of the fee).

 

The I-864s will be submitted at the NVC stage.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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