Green card for dad - aos vs consular processing

[kcaj32 0]

Hello Everyone,

 

I'm originally from India. I became a US citizen in 2017. I'm planning on applying for my dad's green card. He just got his renewal 10 year B1/B2 visa approved in Sept 2020. He's had a valid visa since 1989.

 

My dad doesn't want to be restricted in the US for tool long, he prefers short stays of around 2 months. If I apply for AOS, he'll have to wait for AP and that's taking too long too, way more than 2 months.

 

So are there any benefits to AOS vs Consular processing? And more importantly, if we apply via Consular Processing, will he be able to freely travel on his B1/B2 visa while that application is pending? He'll be making 2 or 3 trips per year going forward. 

 

For documents, I don't have a birth certificate, nor does my dad, my employment based 485 was filed with an affidavit and was not questioned. Will this be an issue, what else can be provided as documentation in lieu of the birth certificate?

Are there any other requirements like my ability to support him, his ability to support himself etc? For his Visas, I never sent any supporting documentation, he got all his visas and renewals on his own merit.

 

Thanks!

 

[SusieQQQ 11,587]

If he prefers stays of a couple of months at a time, why not just stay visiting regularly on a tourist visa rather than getting a green card? Will he be able to maintain the residence requirements of a green card? 

 

And yes, your ability to support him is crucial to being approved. There is a huge difference between what is required for a tourist visa and what is needed for immigration. Start by looking at the guides tab at the top of the page for guidance on what documents etc you need. 
https://www.visajourney.com/guides/us-immigration-for-parents/

https://www.visajourney.com/guides/us-immigration-guide-for-parents/

 

 

 

 

Edited December 30, 2020 by SusieQQQ

[kcaj32 0]

Thanks for the links. I was just reading about the 864, if it's just the 125% of FPL, then it's not an issue at all. I read up on the other required documents also, seems like I'll have to go with the DNA testing to establish relationship.

 

As to answer your question of why not continue on visa, my dad's almost 75 now, and travel insurance coverage will be close to none once he reaches 80. He says he wants to set up a few projects (education for underprivileged children) in India over the next 5 to 10 years before he finally retires from all work. So we're just trying to make it easier for him for his retirement years, it'll be easier for all family (my sister also lives in the US) if he is a citizen by then. And yes, he said he's ok with the 6 month requirement for permanent residents, like I said, he'll travel 2 or 3 times per year to maintain that requirement.

 

I wanted to check if there is any difference or preference based on approval rates between AOS and consular processing.

And if he'll be able to travel freely on his B1/B2 visa after the 130 application via consular processing? He's here now, but he'll be leaving soon, so he wants to make sure he can travel back to the US on his visa after we start the process.

 

 

[Marieke H 2,523]

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Edited December 30, 2020 by Marieke H
self-deleted

[Dashinka 24,747]

1 hour ago, kcaj32 said:

Hello Everyone,

 

I'm originally from India. I became a US citizen in 2017. I'm planning on applying for my dad's green card. He just got his renewal 10 year B1/B2 visa approved in Sept 2020. He's had a valid visa since 1989.

 

My dad doesn't want to be restricted in the US for tool long, he prefers short stays of around 2 months. If I apply for AOS, he'll have to wait for AP and that's taking too long too, way more than 2 months.

 

So are there any benefits to AOS vs Consular processing? And more importantly, if we apply via Consular Processing, will he be able to freely travel on his B1/B2 visa while that application is pending? He'll be making 2 or 3 trips per year going forward. 

 

For documents, I don't have a birth certificate, nor does my dad, my employment based 485 was filed with an affidavit and was not questioned. Will this be an issue, what else can be provided as documentation in lieu of the birth certificate?

Are there any other requirements like my ability to support him, his ability to support himself etc? For his Visas, I never sent any supporting documentation, he got all his visas and renewals on his own merit.

 

Thanks!

 

You cannot do AOS unless he is currently in the US.  If he is not in the US at the moment, consular processing is your only option.

 

If an official document is not available, there are alternative options for proof.  Check out page eight on the link.

 

https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

 

 

Good Luck!

Edited December 30, 2020 by Dashinka

[SusieQQQ 11,587]

37 minutes ago, kcaj32 said:

Thanks for the links. I was just reading about the 864, if it's just the 125% of FPL, then it's not an issue at all. I read up on the other required documents also, seems like I'll have to go with the DNA testing to establish relationship.

 

As to answer your question of why not continue on visa, my dad's almost 75 now, and travel insurance coverage will be close to none once he reaches 80. He says he wants to set up a few projects (education for underprivileged children) in India over the next 5 to 10 years before he finally retires from all work. So we're just trying to make it easier for him for his retirement years, it'll be easier for all family (my sister also lives in the US) if he is a citizen by then. And yes, he said he's ok with the 6 month requirement for permanent residents, like I said, he'll travel 2 or 3 times per year to maintain that requirement.

 

I wanted to check if there is any difference or preference based on approval rates between AOS and consular processing.

And if he'll be able to travel freely on his B1/B2 visa after the 130 application via consular processing? He's here now, but he'll be leaving soon, so he wants to make sure he can travel back to the US on his visa after we start the process.

 

 

Some possible misconceptions. 125% is a minimum, not a guarantee. You mention travel insurance, of course you will need to make sure he has adequate health insurance in the US. He won’t be able to access Medicare for 5 years after he gets his green card, and then will only be able to access part at a cost thereafter as he won’t have worked 40 quarters here. So you will have to ensure he is properly covered.

A green card means the US is your home, not somewhere you travel for a few months a year. Not sure he will be eligible for citizenship by the time you think he will with that kind of plan, either. There are both physical presence and continuous residence requirements.  Touching down a few times a year to keep absences below 6 months is probably not going to make it. 
 

 He should be able to travel on his B visa while awaiting CP but entry is never guaranteed for non-citizens. AP is taking up to 8 months right now. AOS doesn’t  seem like a good option in light of that.
 

Tbh nothing you’ve said makes me think applying for a green card now makes sense, vs in 5 years or so when you think he will actually be willing to settle properly in the US. 
 

 

Edited December 30, 2020 by SusieQQQ

[kcaj32 0]

3 hours ago, SusieQQQ said:

Some possible misconceptions. 125% is a minimum, not a guarantee. You mention travel insurance, of course you will need to make sure he has adequate health insurance in the US. He won’t be able to access Medicare for 5 years after he gets his green card, and then will only be able to access part at a cost thereafter as he won’t have worked 40 quarters here. So you will have to ensure he is properly covered.

A green card means the US is your home, not somewhere you travel for a few months a year. Not sure he will be eligible for citizenship by the time you think he will with that kind of plan, either. There are both physical presence and continuous residence requirements.  Touching down a few times a year to keep absences below 6 months is probably not going to make it. 
 

 He should be able to travel on his B visa while awaiting CP but entry is never guaranteed for non-citizens. AP is taking up to 8 months right now. AOS doesn’t  seem like a good option in light of that.
 

Tbh nothing you’ve said makes me think applying for a green card now makes sense, vs in 5 years or so when you think he will actually be willing to settle properly in the US. 
 

 

This was very helpful. Thanks!

I understand 125% is minimum. I assume 110K gross annual for a household of 4 with 401K and retirement and own house with a 50% equity as assets should be enough? 

Regarding Medicare, all the more reason we should apply now, so by the time he hits 80, he would have health benefits? He does plan to work part time here too, he'll be renting an office space, with his own money, so that should take care of the residency requirements?

He wants to be independent here, he wants his own car etc etc. And if he stays on the visa, it becomes difficult for him to get all that, like a DMV license, office rental space for his work and all. 

 

And yes, I saw that AP wait time and that's what had me to look into consular processing. When I applied for my APs a few years ago it took less then 90 days, one time was around 30 day turnaround too.

 

Any idea how much longer consular processing (in New Delhi) is compared to AOS right now?

 

[SusieQQQ 11,587]

16 minutes ago, kcaj32 said:

Regarding Medicare, all the more reason we should apply now, so by the time he hits 80, he would have health benefits

He’s going to work in the US for the required ten years contributing Medicare tax? Or are you going on the 5 year for minimum to buy in?  You will definitely need other health insurance, gap coverage at least, on top of that.

 

 

Edited December 31, 2020 by SusieQQQ

[SusieQQQ 11,587]

There is no consular processing of parent visas right now due to the Trump ban. There will probably be something like a year’s backlog to get through once they start up again, assuming they do in fact manage to restart IR5 interviews within the next few months. Nothing about this process is going to be fast. 

[kcaj32 0]

1 hour ago, SusieQQQ said:

He’s going to work in the US for the required ten years contributing Medicare tax? Or are you going on the 5 year for minimum to buy in?  You will definitely need other health insurance, gap coverage at least, on top of that.

 

 

I meant the 5 year wait you mentioned.

 

1 hour ago, SusieQQQ said:

There is no consular processing of parent visas right now due to the Trump ban. There will probably be something like a year’s backlog to get through once they start up again, assuming they do in fact manage to restart IR5 interviews within the next few months. Nothing about this process is going to be fast. 

Thanks!

[SusieQQQ 11,587]

18 minutes ago, kcaj32 said:

I meant the 5 year wait you mentioned.

 

Thanks!

So at current rates all that does is allow him to buy Medicare parts A and part B for around $620 a month (possibly higher). Part A also has a significant deductible, part B a smaller one, plus copays.  You may want to buy part D too, as well as gap coverage. And don’t forget dental and vision.  And of course you will need private health coverage in the meantime anyway. 
 

 

Edited December 31, 2020 by SusieQQQ

[Bzegurl 41]

21 hours ago, kcaj32 said:

My dad doesn't want to be restricted in the US for tool long, he prefers short stays of around 2 months. If I apply for AOS, he'll have to wait for AP and that's taking too long too, way more than 2 months.

 

If this is true best thing is for you to have him just visit. If you file for him he will not be able to travel back and fort as he wishes. Best to have a serious conversation with your dad making him aware of his green card obligations and have him chose which is best for him and you. Good Luck!

Edited December 31, 2020 by Bzegurl

[databit 328]

He won't qualify for Medicare until after 5 years on a green card, and it will not be free. Figure being able to spend about $1,000 per month for Parts A & B Medicare, a medigap supplement for medications and treatments, and co-pays. 

 

And make sure he understands that India does NOT allow dual citizenship, and he would need to renounce that if he wants to be a US citizen.

Edited December 31, 2020 by databit

[SusieQQQ 11,587]

1 hour ago, databit said:

He won't qualify for Medicare until after 5 years on a green card, and it will not be free. Figure being able to spend about $1,000 per month for Parts A & B Medicare, a medigap supplement for medications and treatments, and co-pays. 

 

And make sure he understands that India does NOT allow dual citizenship, and he would need to renounce that if he wants to be a US citizen.

Oh... I didn’t even think about the having to renounce Indian citizenship issue - does that he mean he won’t be able to do what many other retired immigrants do, which is utilize public healthcare “back home” for particularly expensive procedures?