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Sponsoring Mom

By Dan2023 in Bringing Family Members of US Citizens to America

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Dan2023 Enthusiast

Dan2023   26

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Filed: Citizen (pnd) Country: India
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Hi everyone,

 

need some guidance on sponsoring mom. am planning to file at California Center and wanted to know if its better that she is here to file I130 and I485 together ?

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Boiler
Boiler

Where is she now?

Redro
Redro

Entering the US on a non immigrant visa (tourist visa) with the intention of adjusting status (filing i485) is immigration fraud.  If your mother leaves this July and you file the I130 you will wait

Dashinka
Dashinka

if you are planning on doing the AOS while she is currently in the US, you can file them together, or add the I485 later while she is here. If she plans to go back, the I485 will not come into

Boiler Grand Master

Boiler   45,451

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Where is she now?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Crazy Cat Grand Master

Crazy Cat   41,814

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1 hour ago, Dan&Carol said:

Hi everyone,

 

need some guidance on sponsoring mom. am planning to file at California Center and wanted to know if its better that she is here to file I130 and I485 together ?

You don't submit petitions to the California Service Center.  If she isn't inside the US right now, the I-485 is not applicable to her case.

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Dan2023 Enthusiast

Dan2023   26

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Thank you all for quick reply. she is in the US going back in July

17 hours ago, Crazy Cat said:

You don't submit petitions to the California Service Center.  If she isn't inside the US right now, the I-485 is not applicable to her case.

sure understood. but she is in the US going back in July.

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Chancy Grand Master

Chancy   6,241

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On 6/22/2023 at 4:49 AM, Dan&Carol said:

wanted to know if its better that she is here to file I130 and I485 together ?

 

Whether it's better or not depends on your and your mom's circumstances.  Would your mom be fine with being stuck in the US while waiting for AP travel permit or green card?  It could take many months, maybe even a year or more, before she can travel freely.  If she intends to leave the US as planned in July, then I-485 would not apply to her.  After you file an I-130 for her, she should pursue consular processing outside the US for an IR5 visa.

 

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Dan2023 Enthusiast

Dan2023   26

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On 6/23/2023 at 9:24 AM, Chancy said:

 

Whether it's better or not depends on your and your mom's circumstances.  Would your mom be fine with being stuck in the US while waiting for AP travel permit or green card?  It could take many months, maybe even a year or more, before she can travel freely.  If she intends to leave the US as planned in July, then I-485 would not apply to her.  After you file an I-130 for her, she should pursue consular processing outside the US for an IR5 visa.

 

Thankyou Chancy!!

In the process of filing the I 130 for her should all the documents be notarized ?

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Redro Experienced

Redro   4,611

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On 6/23/2023 at 1:16 AM, Dan&Carol said:

Thank you all for quick reply. she is in the US going back in July

sure understood. but she is in the US going back in July.

She wants/needs to go back to India in July or is she undecided? 

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Dan2023 Enthusiast

Dan2023   26

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43 minutes ago, Redro said:

She wants/needs to go back to India in July or is she undecided? 

no she is decided and going back.

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Redro Experienced

Redro   4,611

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10 minutes ago, Dan&Carol said:

no she is decided and going back.

Then no need to file I485. File I-130 make sure to indicate she will interview in India. 
And add proof of relationship. Nothing needs to be notarized. Make sure you file online so you get your receipt immediately. 

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Dan2023 Enthusiast

Dan2023   26

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8 minutes ago, Redro said:

Then no need to file I485. File I-130 make sure to indicate she will interview in India. 
And add proof of relationship. Nothing needs to be notarized. Make sure you file online so you get your receipt immediately. 

for the proof of relationship i have my birth cert but it doesn't have her full name

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Redro Experienced

Redro   4,611

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55 minutes ago, Dan&Carol said:

for the proof of relationship i have my birth cert but it doesn't have her full name

What does that mean? Is it just first name? Or is it a previous name your mother used? 

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Dan2023 Enthusiast

Dan2023   26

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20 minutes ago, Redro said:

What does that mean? Is it just first name? Or is it a previous name your mother used? 

her initials from first and middle name and then surname and yes this is previous name mom used.

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Redro Experienced

Redro   4,611

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5 minutes ago, Dan&Carol said:

her initials from first and middle name and then surname and yes this is previous name mom used.

This is the same birth certificate you used for your own immigration journey and it was accepted by USCIS and the embassy? 

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Dan2023 Enthusiast

Dan2023   26

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3 minutes ago, Redro said:

This is the same birth certificate you used for your own immigration journey and it was accepted by USCIS and the embassy? 

yep same one

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Redro Experienced

Redro   4,611

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1 minute ago, Dan&Carol said:

yep same one

Maybe someone from India can give more information but is should be sufficient? 

Just make sure to write down all the previous names your mom used on the I-130! 

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