Filing for Father

[daleh 0]

A little background. My Vietnamese father in-law was granted a visitor visa in May of 2009 with an expiration of May 2010. He visited for several months in the summer of 2009 and returned home. In November of 2009 my wife and I learned that we were with child and so my father in-law returned in March of 2010 on the same entry visa, to be with us for his grandsons birth, and was given an I-94 with a 6 month stay period. Shortly before his I-94 period expired, in mid September, my wife passed her test for naturalization and became a US Citizen. We would like to change my father in-laws status to that of a permanent resident based on the fact that my wife is now a US citizen and her father is an immediate relative. We have decided that since my father in-law is already here we are going file an I-130 petition for alien relative, an I-485 to adjust his status, an I-864 Affidavit of support and an I-693 report of medical examination and vaccination Record. Now I have several questions:

1)The I-94 has expired. What if anything does that mean?

2)Can this process be completed while the father in-law is in the country?

3)One of the pieces of data required for the proof of Family relationship on the I-130 is a Marriage certificate predating my wife's birth certificate that would show her parents were married when their daughter was born. Well, I have the Vietnamese document saying that they are married but it does not record the actual date that they were married. What does this mean?

4)Would it be advisable to spend the money on the medical examination, I-130, I-485 and try to do a concurrent filing of the I-130 and I-485?

Sorry about the length of this post but as you can see I have a lot to do and would welcome any help or descriptions of similar experiences.

Thanks,

Daleh

[aleful 1,905]

A little background. My Vietnamese father in-law was granted a visitor visa in May of 2009 with an expiration of May 2010. He visited for several months in the summer of 2009 and returned home. In November of 2009 my wife and I learned that we were with child and so my father in-law returned in March of 2010 on the same entry visa, to be with us for his grandsons birth, and was given an I-94 with a 6 month stay period. Shortly before his I-94 period expired, in mid September, my wife passed her test for naturalization and became a US Citizen. We would like to change my father in-laws status to that of a permanent resident based on the fact that my wife is now a US citizen and her father is an immediate relative. We have decided that since my father in-law is already here we are going file an I-130 petition for alien relative, an I-485 to adjust his status, an I-864 Affidavit of support and an I-693 report of medical examination and vaccination Record. Now I have several questions:

1)The I-94 has expired. What if anything does that mean?

2)Can this process be completed while the father in-law is in the country?

3)One of the pieces of data required for the proof of Family relationship on the I-130 is a Marriage certificate predating my wife's birth certificate that would show her parents were married when their daughter was born. Well, I have the Vietnamese document saying that they are married but it does not record the actual date that they were married. What does this mean?

4)Would it be advisable to spend the money on the medical examination, I-130, I-485 and try to do a concurrent filing of the I-130 and I-485?

Sorry about the length of this post but as you can see I have a lot to do and would welcome any help or descriptions of similar experiences.

Thanks,

Daleh

overstay is forgive, so he will be able to adjust status. the proof of the relationship is her birth certificate where her father's name appears. he has to proove that he is her father.

[NigeriaorBust 4,087]

Overstays are only forgiven for spouses. You father in law in accruing illegal presence in the US. He should leave before he get a 3 year ban to deal with. The process should take about 8-12 months but he will have to explain violating the terms of his visa.

[aleful 1,905]

Overstays are only forgiven for spouses. You father in law in accruing illegal presence in the US. He should leave before he get a 3 year ban to deal with. The process should take about 8-12 months but he will have to explain violating the terms of his visa.

overstay is also forgiven for parents. I know many parents that have been given GC. they are considered immediate family, as are spouse's and unmarried children of USC under 21 who entered with inspection.