Detailed Guide/Steps for what to Expect from Filing I130 for Parent and Parent receiving GC

[falmaind 13]

Hello All,

 

  I understand as a citizen I need to file I-130 for each of my parents. I have a few questions

 

Case 1: Parent is Outside US

  I understand filing and getting I-130 approved is just the first step. What happens after that? What forms (such as I693 for medical) are necessary and who fills them to get the final GC.

 

Case 2: Parents in US

  I understand in this case I would file I-130 concurrently with AOS 485. Plus maybe AP or EAD and any other supporting forms required by 485

 

Q1).Can someone with some knowledge help me understand details of Case 1. What happens after filing I-130

Q2) From your experience or understanding of the system would Case2 be more beneficial if quicker turnaround and less hassle is my goal. I'm the only Child and my parents are in their 80s. They have visitor visa's which allows them to visit me. But due to their age they'd rather only travel once. So they've been waiting for me to get my citizenship

 

 

Thankyou

[falmaind 13]

5 minutes ago, Dee elle said:

Case 1.. the I130 takes around 8 months to be approved, then the NVC proocess requires submitting the beneficairies documents, affidavit of support etc...and background checks are completed. After the NVC stage.. which can take 3 to 4 months, the paperwork transfers to the home country consulate for interview and decision,. Total 12 to 15 months...

 

The state.gov website has an excellent guide.. search for IR5   The process is almost exaclty the same as the CR IR1 process. Each parent is a seperate application, seperate fees etc. 

 

Case 2

Entering into the US using a visitors visa with intent to adjust status is fraud and should not be considered. 

 

There is the possibility  that the IR5 visa for parents will no longer be available in the future, if the RAISE  Act passes.

 

Be aware also of the extremely high cost of healthcare coverage for older people.. not eligible for Medicare for five years, and then only available to purchase part B,  not  free. 

I see a lot of concurrent i130/485 parent cases on case tracker websites. Am I right to think thats fishy? Are those people running risk of denial? or is there a life situation I cannot imagine where that is happening a lot for other families

 

I'm aware of the RAISE act. I read the language. If passed Oct 1 2018 is the cutoff date. I'm hoping if we can get I130 approved, by then we'd make the cutoff. But at the same time I'm holding onto hope it is modified favorably before passing.

Edited January 25, 2018 by falmaind

[falmaind 13]

6 minutes ago, Dee elle said:

Cant comment on the background to the cases where parents are using AOS.. simply giving the legal situation which states that entering with the intent to adjust is fraud. Everyone faces scrutiny and hence everybody  risks being denied.

 

NOA1 to NOA2  for I 130 has been running from 6 months to 9 months, depending on which center has the petition. It may or may not be approved by Oct 2018.. RAISE may or may not be passed, amended, left on the sidelines.. who knows!!

Thanks. 

 

Correction to my statement. Oct 1 deadline is for the Goodlatte Bill (SAFA). The Raise Act deadline is Dec 31 of the year it passes

[Sunnyland 639]

Did you apply for your parents already? I do wonder if they will allow 2018 pending cases make the cut.

[falmaind 13]

1 hour ago, Sunnyland said:

Did you apply for your parents already? I do wonder if they will allow 2018 pending cases make the cut.

For SAFA. If pending. Uscis has to stop processing Oct 1st and consider application invalid. For approved case and waiting for visa allocation then it's OK. For RAISE.... Its not very specific other than Dec 31 cutoff.

 

 

No have not applied... I am waiting for oath. 

 

 

 

Today's message from Trump is that there will be another bill which comes out of Senate. So none of the two bills above seem important at this moment... But under Trump nothing is for sure. He has zero credibility as far as what he says. Going back and forth multiple times. Only when in motion will we know for sure what flavor of bill we will see and what the details are.   But unfortunately for me he has not gone back and forth on eliminating all family sponsorships except spouse and children.

 

 

If anyone reading this has a Republican senator or rep and you feel some empathy for my situation. Please reach out to them. They need to leave room for parent immigration. I would have no problem if sponsored parents lose rights to sponsor further family members. This will be a clean stop to chain immigration rather than abrupt and painful.

[geowrian 22,337]

19 hours ago, falmaind said:

I see a lot of concurrent i130/485 parent cases on case tracker websites. Am I right to think thats fishy? Are those people running risk of denial? or is there a life situation I cannot imagine where that is happening a lot for other families

There are ways to adjust status for a parent already residing within the US. Entering the US on a visitor visa with the intent to adjust status is not a legal option, though. That would be clear fraud.

 

As stated above, please start looking into the healthcare costs / medical insurance / LTC costs for your parents. This is a very significant cost that you will need to show that you can support them if needed (i.e. don't look at the 125% federal poverty level minimum for the I-864 as a practical expectation).

[Illiria 980]

Also note that the most recent announcement (see this thread 

) also has any existing petitions being cancelled. If that happens whilst they have overstayed or applied whilst on a non immigrant visa any overstay won’t be forgiven and they will receive a ban. 

 

Also want to raise issue of medical insurance for your 80 year old plus parents won’t be cheep for you - do you have a plan that doesn’t involve public assistance programs? 

Edited January 26, 2018 by Illiria

[falmaind 13]

1 hour ago, Illiria said:

Also note that the most recent announcement (see this thread 

) also has any existing petitions being cancelled. If that happens whilst they have overstayed or applied whilst on a non immigrant visa any overstay won’t be forgiven and they will receive a ban. 

 

Also want to raise issue of medical insurance for your 80 year old plus parents won’t be cheep for you - do you have a plan that doesn’t involve public assistance programs? 

Yes we would have them here keeping the healthcare cost in mind. I've been saving for this very reason for the past 5 years.

[Illiria 980]

1 hour ago, falmaind said:

Yes we would have them here keeping the healthcare cost in mind. I've been saving for this very reason for the past 5 years.

That is good, a lot of people on here lately seem to be bringing parents over here without any thought to this or how the parents would get on here. 

Edited January 26, 2018 by Illiria

[bimik 4]

Cutoff for new applications ?

[falmaind 13]

18 minutes ago, bimik said:

Cutoff for new applications ?

no one knows until its signed. Because there are a lot of flavors of bills which are trying to stop family sponsorship. Until one makes thru the two houses its futile to have a date in mind.

[JobyB 1]

Re health care costs, could you give some examples? I'm about the start the process for my parents, we looked at Covered California, and found plans for $300 a month, that is not horrendous, or did I miss something? 

[falmaind 13]

20 hours ago, JobyB said:

Re health care costs, could you give some examples? I'm about the start the process for my parents, we looked at Covered California, and found plans for $300 a month, that is not horrendous, or did I miss something? 

It really depends on the age. But we are planning with rates for 80 yo we find online.