IR5 application for Indian born naturalized Canadians

[jamburger 5]

I am a US citizen applying family based US GC for my parents. My parents are born in India, naturalized Canadian citizens living in Canada since 2015. I applied for I-130 for both my parents in April 2022, I received I-130 approvals in May 2023. I am preparing for the next step (NVC) and looking for guidance.

 

1) My parents do not have birth certificate. They are both born in India prior to 1969.

a) Do I need to obtain non-availability of birth certificate for them, so are birth affidavits enough?

b) Who should provide the birth affidavits? Can my parents provide the affidavits or should it be from someone who has knowledge of their birth (i.e. someone older than the parent and has knowledge of the birth)?

c) My parents are 75+ and they barely have one relative older than them and has knowledge of their birth. What are our options regarding who can provide the affidavit?

 

2) Since they lived in India (before 2015) and Canada (after 2015) in the last 10 years, I am assuming I should get police clearance letter from both the countries.

a) Is that assumption correct?

b) Can I get the police clearance certificate from the Indian consulate in Canada, or should it have to be from a govt office in India?

 

3) Do I have to be in US while my parents application is in processing? I would like to move to Canada temporarily on work permit (I have a job offer to move there) to stay with my parents until they get US GC and move to US

 

4) What is the approximate processing time in Montreal, Canada for IR5 visas? Once I submit the documents to NVC, what is the overall timeline I should expect. This will help me decide whether I should stay back in US and wait, or move to Canada temporarily while we wait for parents' GC.

 

5) Can my parents purchase private health insurance in US via obamacare marketplace once they submit apply for NVC? or do they have to wait till they enter the US on GC?

 

Thank you!

[Mike E 11,723]

1. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html Does not say affidavits or certificates are needed

 

2

 https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html “

Comments: Police certificates are only available for Indian nationals and non-Indian nationals currently living in India. Indian police certificates are not available for foreign (non-Indian) nationals applying outside India.

”.

Since they are Canadian citizens I assume they are not Indian nationals. So no police certificates.

 

3. Canada is strict about domicile. My understanding is you have to live in the U.S. before their visas will be approved.

 

5. Latter.