I-130 For Parents {Few Questions}

[DimaSta4321 17]

Hi all!

 

I would like to ask for some inputs here to help me understand I-130 process fully. So, I am planning to submit I-130 for both of my parents.
What documents do I need at each stage and how the process works ?

So far I gathered the following, please correct me if I am wrong or if I missed something:

 

Step 1: Submit I-130 online
Documents needed: my birth certificate + my passport or naturalization certificate, and parents proof of address.
What can be used as a proof of parents address ? Does it need to be translated and notarized ? Any other documents required at this stage ?

 

Step 2: After I130 approval - NVC stage where we submit DS260 for visa processing (we are doing consular outside USA)
Documents required: parents birth certificates, passports, police records, marriage certificate.
Did I miss anything ? Does it need to be translated and notarized ? Any other documents required at this stage ?

 

Step 3: Visa Received, Parents arrival to the US
Question: to my understanding these are IR-5 visas, yeah ? So, upon entry we will need to apply for adjustment of status for them, correct ? Or since IR-5 visa is an immigrant visa there is no AOS involved ? I am not clear on this step here.

 

At what stage do I need to submit I864 for each of them ?

Is there a post on this forum maybe breaking down a whole process step by step ?

 

Thank you in advance! 

[OldUser 9,451]

14 minutes ago, DimaSta4321 said:

Step 3: Visa Received, Parents arrival to the US
Question: to my understanding these are IR-5 visas, yeah ? So, upon entry we will need to apply for adjustment of status for them, correct ? Or since IR-5 visa is an immigrant visa there is no AOS involved ? I am not clear on this step here.

 

No adjustment of status is needed when your parents enter on immigrant visas. You only need to pay immigrant fee (aka Elis fee) to get them green cards. The moment they enter the US on immigrant visas, they are permanent residents. Their endorsed visas serve as proof of LPR status for 1 year while they wait for physical green cards.

[DimaSta4321 17]

7 minutes ago, OldUser said:

No adjustment of status is needed when your parents enter on immigrant visas. You only need to pay immigrant fee (aka Elis fee) to get them green cards. The moment they enter the US on immigrant visas, they are permanent residents. Their endorsed visas serve as proof of LPR status for 1 year while they wait for physical green cards.

Thank you! 
What about I864 - at what stage do I submit this form ?

[OldUser 9,451]

5 minutes ago, DimaSta4321 said:

Thank you! 
What about I864 - at what stage do I submit this form ?

At NVC stage AFAIK

NVC stage comes into play once I-130 petition is approved by USCIS, which takes about 17 months today.

 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/affidavit-of-support.html

 

Edited May 22 by OldUser

[DimaSta4321 17]

17 minutes ago, OldUser said:

At NVC stage AFAIK

NVC stage comes into play once I-130 petition is approved by USCIS, which takes about 17 months today.

 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/affidavit-of-support.html

 

Very useful link - thank you!

Two last questions if you don't mind:

- do all documents that are not in English have to be professionally translated and notarized ?

- did I miss any documents in the first 2 steps or this is everything ?

 

Step 1: Submit I-130 online
Documents needed: my birth certificate + my passport or naturalization certificate, and parents proof of address.
Does this proof of address even needed ?

 

Step 2: After I130 approval - NVC stage where we submit DS260 for visa processing (we are doing consular outside USA)
Documents required: parents birth certificates, passports, police records, marriage certificate.

[OldUser 9,451]

12 minutes ago, DimaSta4321 said:

 

- do all documents that are not in English have to be professionally translated and notarized ?

 

Translated - yes, professionally - no, notarized - no

Translator, however needs to be proficient in English and other language and certify translation by writing a statement.

 

I used an online agency for translation, there's many affordable ones. My reasons were:

- They do translations professionally and know how to do it

- They have all necessary templates

- They're a third neutral party between USCIS and petitioner. So nobody doubts translations are valid and not made up to get immigration benefit

Edited May 22 by OldUser

[appleblossom 4,138]

5 hours ago, DimaSta4321 said:

Very useful link - thank you!

Two last questions if you don't mind:

- do all documents that are not in English have to be professionally translated and notarized ?

- did I miss any documents in the first 2 steps or this is everything ?

 

Step 1: Submit I-130 online
Documents needed: my birth certificate + my passport or naturalization certificate, and parents proof of address.
Does this proof of address even needed ?

 

Step 2: After I130 approval - NVC stage where we submit DS260 for visa processing (we are doing consular outside USA)
Documents required: parents birth certificates, passports, police records, marriage certificate.

Follow the instructions on the I-130 carefully, and the link above which sets the whole process out step by step. 
 

And I’m sure you’re aware but just mentioning it in case - each parent needs their own application/case, so you’ll be filing two I-130’s. 
 

Good luck. 

Edited May 22 by appleblossom

[DimaSta4321 17]

5 hours ago, appleblossom said:

Follow the instructions on the I-130 carefully, and the link above which sets the whole process out step by step. 
 

And I’m sure you’re aware but just mentioning it in case - each parent needs their own application/case, so you’ll be filing two I-130’s. 
 

Good luck. 

 

11 hours ago, OldUser said:

Translated - yes, professionally - no, notarized - no

Translator, however needs to be proficient in English and other language and certify translation by writing a statement.

 

I used an online agency for translation, there's many affordable ones. My reasons were:

- They do translations professionally and know how to do it

- They have all necessary templates

- They're a third neutral party between USCIS and petitioner. So nobody doubts translations are valid and not made up to get immigration benefit

Hi guys, question to both of you - if I want to put in a request to expedite I-130 based on urgent humanitarian reasons (war in Ukraine), what would be the best way to do this ?

My parents both live in Sumy, Ukraine which is 30 km from russian border and attacks are a daily occurrence. It is not safe to be there. Would it be enough if I just write a letter from myself explain this or there are specific things I need to attach as a proof of urgent humanitarian need ? 

[smilingstone 491]

15 minutes ago, DimaSta4321 said:

if I want to put in a request to expedite I-130 based on urgent humanitarian reasons (war in Ukraine)

 

U4U is no longer active as of January 2025.

[OldUser 9,451]

14 minutes ago, smilingstone said:

 

U4U is no longer active as of January 2025.

It's nothing to do with U4U.

30 minutes ago, DimaSta4321 said:

 

Hi guys, question to both of you - if I want to put in a request to expedite I-130 based on urgent humanitarian reasons (war in Ukraine), what would be the best way to do this ?

My parents both live in Sumy, Ukraine which is 30 km from russian border and attacks are a daily occurrence. It is not safe to be there. Would it be enough if I just write a letter from myself explain this or there are specific things I need to attach as a proof of urgent humanitarian need ? 

Typically expedite requests are related to health issues / mental issues of a US citizen or hardship caused to US citizen, not beneficiaries. You can certainly try, but don't get your hopes up. In some cases people were suffering from cancer and still their expedite requests were denied.

Edited May 22 by OldUser

[appleblossom 4,138]

39 minutes ago, DimaSta4321 said:

 

Hi guys, question to both of you - if I want to put in a request to expedite I-130 based on urgent humanitarian reasons (war in Ukraine), what would be the best way to do this ?

My parents both live in Sumy, Ukraine which is 30 km from russian border and attacks are a daily occurrence. It is not safe to be there. Would it be enough if I just write a letter from myself explain this or there are specific things I need to attach as a proof of urgent humanitarian need ? 

 

Follow the instructions here once the I-130 has been filed - https://www.uscis.gov/forms/filing-guidance/expedite-requests

 

As @OldUser said it's a long shot as it's usually only applicable to the USC's circumstances, I doubt an expedite will be granted but you can certainly try. If it is granted, don't forget you need to ask to expedite at each stage, asking USCIS only expedites the I-130 - so you'd need to ask NVC to expedite the visa stage etc too. 

 

Good luck. 

 

[DimaSta4321 17]

18 minutes ago, appleblossom said:

 

Follow the instructions here once the I-130 has been filed - https://www.uscis.gov/forms/filing-guidance/expedite-requests

 

As @OldUser said it's a long shot as it's usually only applicable to the USC's circumstances, I doubt an expedite will be granted but you can certainly try. If it is granted, don't forget you need to ask to expedite at each stage, asking USCIS only expedites the I-130 - so you'd need to ask NVC to expedite the visa stage etc too. 

 

Good luck. 

 

Thank you!

It does explicitly says there that extreme living conditions, such as those caused by natural catastrophes or armed conflict is a reason.

[OldUser 9,451]

10 minutes ago, DimaSta4321 said:

Thank you!

It does explicitly says there that extreme living conditions, such as those caused by natural catastrophes or armed conflict is a reason.

You can certainly request it, and hopefully somebody will look into it. This is not much different to K-3 / K-4 visas which in theory anybody can apply for, but only 3 or 5 visas a year are issued. It's on paper, but not available realistically (I imagine thousands apply)

Edited May 22 by OldUser

[Boiler 47,228]

I thought the EU was still open?

 

No need for them to stay where they are.

[OldUser 9,451]

57 minutes ago, Boiler said:

I thought the EU was still open?

 

No need for them to stay where they are.

EU is open, West of Ukraine is open, even Russia is open (I know, I know).

 

If they can leave the region, this means they can go to any of the places above. If the situation is super bad and they're surrounded and nobody is allowed out of their city / town / village, then expedite won't help solve that. It's not like US would send a chopper to rescue visa applicants...

 

Hense, I'm a bit skeptical of expedite working. I hope I'm wrong. And for sure, I can understand why OP would want to reunite with parents sooner, it's a nerve racking situation. At the same time, if parents need to wait in Poland or other EU neighboring country, OP can safely visit them with US passport.

Edited May 22 by OldUser