Filing for 55yr old daughter/ What forms are needed

[kingtmac 0]

Hello all,

My grandmother would like to file for her daughter. Grandma is 80 and daughter is 55.

What forms are needed to file. Daughter is living abroad with a B1 visa but has decided to

live with her mother to care for her rather than visiting for 4months. I need to reconfirm what is exactly needed for this process.

Grandmother= Naturalized Citizen

Daughter= Living abroad.

I have the following so far:

1)I-130 form

2)Copy of Grandma's US passport, naturalization papers

3)Copy of daughters birth certificate, foreign passport.

Do I have to submit I-864 and G-325a. I dont really see any clear cut process on this.

What other supporting documents would I need. Any help would be appreciated.

Thanks

Edited June 22, 2011 by kingtmac

[Jojo92122 1,924]

Your grandmother as the petitioner does not file the I-864 or G-325a with the I-130. Follow the instructions for Form I-130. The Guides on this website are very useful. You should review them.

This would either be an F1 case if your aunt is not married or an F3 case if she is married. Your aunt will have to wait at least 7 years to immigrate to the US if she is in the F1 category and 11 years if she is in the F3 category. There is no way for her to immigrate to the US quicker than in these categories based on her relationship to a US citizen mother.

----------------

From the Guides ( http://www.visajourney.com/content/childpet )on this website based on the instructions for Form I-130;

U.S. Citizens

If you are a U.S. citizen applying to bring a child or son or daughter to the United States to live and you are the mother of the child, you must file the following with the U.S. Citizenship and Immigration Services:

1. Form I-130, Petition for Alien Relative

2. A copy of your birth certificate or U.S. passport

3. If you were not born in the United States, a copy of either:

your Certificate of Naturalization or Citizenship or

your U.S. passport

4. A copy of the child's birth certificate showing your name and the child's name

5. If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

[kingtmac 0]

Thanks.

I needed that re-assurance and felt it was safer to ask.

And yes my aunt would qualify under the F1 category as she is unmarried didnt realize it was a 7yr wait.

[JimVaPhuong 4,863]

Thanks.

I needed that re-assurance and felt it was safer to ask.

And yes my aunt would qualify under the F1 category as she is unmarried didnt realize it was a 7yr wait.

It might not be 7 years. It depends on the visa bulletin. Once the I-130 is filed and she's gotten a priority date then you can follow the visa bulletin and see how fast (or slow) the cutoff dates are progressing.

http://travel.state.gov/visa/bulletin/bulletin_1360.html

I don't mean to sound morbid, but if grandma dies while they're waiting then the petition dies with her.

[kingtmac 0]

Thank you for your honestly and im hoping for the best outcome on the filing.

[JimVaPhuong 4,863]

Thank you for your honestly and im hoping for the best outcome on the filing.

I just wanted to add...

If grandma doesn't make it until the petition is approved then the petition is terminated. There's no way to revive it.

If grandma makes it until the petition is approved, but doesn't make it until the priority date is current, there's still a possibility to keep the petition alive with a request for humanitarian reinstatement. You can look into that, if needed, when the time comes.

[ngvuanh 0]

You're right on your revision, Phuong.

If petitioner dies after USCIS approved their petition, a substitute sponsor who will be responsible (financial) for immigrants may be used.

[JimVaPhuong 4,863]

You're right on your revision, Phuong.

If petitioner dies after USCIS approved their petition, a substitute sponsor who will be responsible (financial) for immigrants may be used.

Yes, but step 1 is humanitarian reinstatement. If NVC or the consulate has the petition then it gets sent back to USCIS so that they can adjudicate the humanitarian reinstatement request. If the humanitarian reinstatement is approved then it goes back to NVC for the substitute sponsor's I-864. After that, to the consulate for the interview.

BTW, I'm Jim. Phuong is my wife.

[kingtmac 0]

Updating status in I-130 petition filed for unmarried daughter 21 or older.

Petition was approved on June 21, 2013 and still waiting on further instructions/ letter for the next step.

I-797 approval Letter states the following:

The above petition has been approved. We have sent the original visa petition to the Department of State National Visa Center(NVC).

32 Rochester ave, Portsmouth, NH 03801. NVS processes all approved immigrant visa petitons that need consular action. Etc.

Approval was sent via I-797, Notice of action. I sent an email 7/24/14 to confirm what the next steps are.

Also found out that grandmother(Petitioner) is not doing so well so I will try to expedite right away if possible.

Edited July 26, 2014 by kingtmac

[NigeriaorBust 4,087]

There is no expedite for numerically limited visas. You just wait your turn in line until your priority date becomes current. If it becomes current then you can expedite the interview.

[kingtmac 0]

Okay. Just found out. They finally sent the notice from NVC.

Looking at another 4 yrs from now.

Not sure if petitioner will survive another 4 years as she is really sick.

Is there anyway to reinstate under citizen daughter sponsor if petitioning mother passes?

Believe its called Humanitarian Reinstatement.

Edited July 30, 2014 by kingtmac

[aleful 1,905]

hi

and if she overstays her visit and lives with her mom, since she will have her interview in her country, she will trigger a 10 year ban if she overstays over a year, from 6 months to a year, the ban is 3 years

and her mom would have to do a hardship letter

because children over 21 of a USC don't qualify to adjust status in the US. They are supposed to wait the process in their country. They can come to visit, but never overstay the time that was given to them

[kingtmac 0]

She has a visitors visa that allows her to stay for 6 months each year

No plans on overstaying with her current visitors visa.

[Boiler 45,524]

Why doesn't her Daughter file, no wait for visa number.

[aaron2020 11,651]

Okay. Just found out. They finally sent the notice from NVC.

Looking at another 4 yrs from now.

Not sure if petitioner will survive another 4 years as she is really sick.

Is there anyway to reinstate under citizen daughter sponsor if petitioning mother passes?

Believe its called Humanitarian Reinstatement.

How is the substitute petitioner related to the beneficiary?