Sponsor my mother for a GC from inside the US [merged threads]

[nastra30 2,287]

43 minutes ago, GWagon said:

@Demise 

What is the chronology of document filing after my naturalization if I take this route? 
 

I know, I can start with I-130 same day I become a citizen. What about I-485 and EAD/AP? Thanks. 

Yes; you can send I-130(Petition), I-485(AOS), I-765(EAD), I-131(AP) all at the same time in one packet, right after you naturalize and you have naturalization certificate in hand.

[Demise 1,283]

2 hours ago, GWagon said:

@Demise 

What is the chronology of document filing after my naturalization if I take this route? 
 

I know, I can start with I-130 same day I become a citizen. What about I-485 and EAD/AP? Thanks. 

Basically what @nastra30 said. You will file I-130, I-485, I-765, I-131, and I-864 and all supporting documents all at the same time in the same envelope. I-693 (vaccination record) you can file either together with the whole packet or she can send it in later when she gets an RFE or bring to the interview if USCIS decides to interview her. You can file as soon as you get your naturalization certificate.

Edited August 18, 2021 by Demise

[Ontarkie 14,224]

Also check the time it takes Between now and your N400 interview to Oath add that to the time it will take to AOS. 

 

Most importantly have you asked your mother if she wants to stay stuck in the US (AP is not taking 3 to 5 months to get it's more like 8+ months). Will she have medical insurance incase of emergency, how about family back home? Will she want to fly back if an emergency happens there? Make sure before she stays long enough to get a 10 ban that she is 100% sure this is what she wants to do. 

[canadian_wife 1,822]

Be prepared for all possible outcomes.  Look at my timeline, 2+ years from initial naturalization petition to oath ceremony.  

 

Good luck 

[GWagon 2]

51 minutes ago, Ontarkie said:

Also check the time it takes Between now and your N400 interview to Oath add that to the time it will take to AOS. 

 

Most importantly have you asked your mother if she wants to stay stuck in the US (AP is not taking 3 to 5 months to get it's more like 8+ months). Will she have medical insurance incase of emergency, how about family back home? Will she want to fly back if an emergency happens there? Make sure before she stays long enough to get a 10 ban that she is 100% sure this is what she wants to do. 

I will have to ask her and make that decision. Here in NJ, they offer same day interview/oath.

[Ontarkie 14,224]

1 minute ago, GWagon said:

I will have to ask her and make that decision. Here in NJ, they offer same day interview/oath.

Yay for same day oath. That is one less thing to worry about.

[GWagon 2]

10 minutes ago, canadian_wife said:

Be prepared for all possible outcomes.  Look at my timeline, 2+ years from initial naturalization petition to oath ceremony.  

 

Good luck 

Yes, will take that into account. I saw that…! Like I said, fortunately, NJ has same day oath.

[canadian_wife 1,822]

Sorry if I wasn't clear.  Atlanta does too.  But you just never know. 

[GWagon 2]

On 8/18/2021 at 11:49 AM, Demise said:

Basically what @nastra30 said. You will file I-130, I-485, I-765, I-131, and I-864 and all supporting documents all at the same time in the same envelope. I-693 (vaccination record) you can file either together with the whole packet or she can send it in later when she gets an RFE or bring to the interview if USCIS decides to interview her. You can file as soon as you get your naturalization certificate.

Thanks for the details Demise. Can I fill those form online to save time like I did for my N400. I know I can do I-130 at least from my account. 

[Demise 1,283]

5 minutes ago, GWagon said:

Thanks for the details Demise. Can I fill those form online to save time like I did for my N400. I know I can do I-130 at least from my account. 

No, I-485 cannot be filed online which throws a wrench into the whole plan.

Edited August 19, 2021 by Demise

[GWagon 2]

1 hour ago, Demise said:

No, I-485 cannot be filed online which throws a wrench into the whole plan.

So pretty much I need to print every document, fill it out manually and send in one envelope right? Do I send to Newark NJ filed office?

[Demise 1,283]

14 minutes ago, GWagon said:

So pretty much I need to print every document, fill it out manually and send in one envelope right? Do I send to Newark NJ filed office?

Yes, you will print all the forms, sign on the I-130 and I-864, your mother will sign on I-485, I-765, and I-131. If you are submitting I-693, a certified civil surgeon has to sign off on it and seal it in an envelope (do NOT open it).

 

No, this will go to the Chicago Lockbox, yes all in one envelope:

 

Via USPS:

USCIS
P.O. Box 805887
Chicago, IL 60680-4120

 

Via FedEx, UPS, Etc:

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

Edited August 19, 2021 by Demise

[GWagon 2]

Thank you very much! I see now. 

[chancecody 125]

On 8/16/2021 at 11:58 AM, GWagon said:

Hi everyone,

 

My Mother’s have been in the US since end of 2019. She came here through visitor visa which expired June 2021. Before her six months stamp expires I applied for a visa extension, that was processed a year after due to bio appointments problems and was Issued already expired. 
 

Pretty much she is out of status and couldn’t go back due to difficult COVID situation back home.

 

My naturalization interview is coming up shortly and I would like to know if I can sponsor her from inside the US and if they will forgive her visa overstay. 
 

Also, If possible, how long it takes to get her green card if apply from inside US.

 

Thank you!

Hello,

 

I am responding since no one else responded. I am only very knowledgeable in Immediate Relative category as I read the USCIS Policy Manual applicable to our case. I invite you to read the USCIS Policy to understand the implications in your case. At first glance, your mother is not an immediate relative and not exempt from bars to adjustment. Please review the policy below.

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

[edsperfect 25]

unfortunately i think she is now out of status. i believe you should have filed an adjustment of stus before her visa expired