Adjustment of Status (I130 & I485) for Parents while B2 Extension of Stay is Pending

[JFearH]

Thank You. The below is what i have for the cover letter. Do i have to include the separate copy of W2/Tax Transcript under 864 as well as 944? Additionally, 765 also requires passport size photos so do i need separate for that form and 2 separate for 485 making a total of 4 for each beneficiary. Anything else i missed in the cover letter? I live in Georgia and i am filling to Chicago lockbox from what it seems like, that seem correct?

For my dad i am going to have a separate cover letter and also include my parents marriage certificate, just so you know i haven't forgotten.

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

November 11, 2020

Petitioner:
Beneficiary:

TO WHOM IT MAY CONCERN

Please kindly find enclosed concurrent filing of forms: I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization)

Contents include:

1. Check in the amount of US $535 for I-130

2. Check in the amount of US $1,225 for I-485

3. Form G1145 E-Notification of application acceptance

4. I-130, Petition for Alien Relative
• Copy of petitioner’s naturalization certificate
• Copy of petitioner’s unexpired US. passport biographical page
• Copy of petitioner’s birth certificate

5. I-485, Application to Register Permanent Residence or Adjust Status
• Two passport style photographs of beneficiary (placed in a photo holder, labeled with full name of beneficiary)
• Copy of beneficiary’s passport's biographical page
• Copy of beneficiary’s Birth Certificate
• Copy of beneficiary’s passport's visa pages
• Copy of I-94 record
• Supporting Affidavit for unauthorized employment
• I-693, Medical Examination of Alien Seeking Adjustment of Status and Vaccination Record (Completed by a USCIS approved examiner sealed in an envelope)

6. I-864, Affidavit of Support by Petitioner
• Copy of Petitioner’s IRS tax return transcript for the previous three years
• Copy of Petitioner’s W-2 for the previous year
• Copy of Petitioner’s earning statements for the previous six months
• Copy of petitioner’s naturalization certificate
• Copy of petitioner’s unexpired US. passport biographical page
• Copy of petitioner’s birth certificate


7. I-765, Application for Employment Document
• Two passport style photographs of beneficiary (placed in a photo holder, labeled with full name of beneficiary)

8. I-944, Declaration of Self-Sufficiency
• Copy of Petitioner’s IRS tax return transcript for the previous three years
• Copy of Petitioner’s W-2 for the previous year
• Copy of Beneficiary’s US Bank Statement
• Copy of Beneficiary’s overseas Bank Statement
• Copy of Petitioner’s retirement saving account statement
• Copy of Beneficiary’s health insurance record
• Copy of Beneficiary’s credit report and supporting affidavit
• Beneficiary’s affidavit for Education History & English Skills

Please reach out to me for any question. Thank you for your assistance in this matter.

Best,

Petitioners Signature:

Date: November 11, 2020

[newacct]

Got a question for you Sir!

I485 Part 8, 16 have you ever worked in US without authorization.
I am not sure what to put here. Before my parents were on B2, they were actually on a E1 visa and working in US due to some contract between their home country firm and US firm. My dad was always at work, kids at school so My mom started working (on her own SSN) just to kill time since she didn't had much to do. Later we found out that although spouse of someone on E1 visa are allowed to work on E1 visa but they require work authorization from USCIS. Therefore, she immediately quit the job. She worked for about 11 months.

Now, of course we want to be completely honest because we don't want to cheat our way to get a green card, not that we can anyways even if we want to. I want to know what her chances are of not getting denied? If I put "Yes" and provide a affidavit of support explaining this situation. Should i get a lawyer? Would it help. Please advise.

She can put Yes just to be safe. There is 0 chance of her being denied due to this. Adjustment of Status in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) is not affected by being out of status or illegal work.

[verbose]

Got a question for you Sir!

I485 Part 8, 16 have you ever worked in US without authorization.
I am not sure what to put here. Before my parents were on B2, they were actually on a E1 visa and working in US due to some contract between their home country firm and US firm. My dad was always at work, kids at school so My mom started working (on her own SSN) just to kill time since she didn't had much to do. Later we found out that although spouse of someone on E1 visa are allowed to work on E1 visa but they require work authorization from USCIS. Therefore, she immediately quit the job. She worked for about 11 months.

Now, of course we want to be completely honest because we don't want to cheat our way to get a green card, not that we can anyways even if we want to. I want to know what her chances are of not getting denied? If I put "Yes" and provide a affidavit of support explaining this situation. Should i get a lawyer? Would it help. Please advise.

Yes, you should provide accurate information and not withhold anything. Based on https://www.uscis.gov/policy-manual/...rt-b-chapter-8 immediate relatives are exempt so this should not cause a problem. If some back taxes are owed, I’d think they should be paid though.

[JFearH]

By the way the injunction was stayed by the 7th Circuit yesterday, so nevermind on that. You will still need to do I-944.

Got a question for you Sir!

I485 Part 8, 16 have you ever worked in US without authorization.
I am not sure what to put here. Before my parents were on B2, they were actually on a E1 visa and working in US due to some contract between their home country firm and US firm. My dad was always at work, kids at school so My mom started working (on her own SSN) just to kill time since she didn't had much to do. Later we found out that although spouse of someone on E1 visa are allowed to work on E1 visa but they require work authorization from USCIS. Therefore, she immediately quit the job. She worked for about 11 months.

Now, of course we want to be completely honest because we don't want to cheat our way to get a green card, not that we can anyways even if we want to. I want to know what her chances are of not getting denied? If I put "Yes" and provide a affidavit of support explaining this situation. Should i get a lawyer? Would it help. Please advise.

[verbose]

Does same thing apply for Part 3, 7. Is any additional income listed above come from illegal activity? Should i leave this blank since i didnt enter any additional income.

Just say No.

[JFearH]

You don't need to do that, in my opinion. You could probably submit it as-is. If you like, look for a sample "one and the same person" and list all the spellings of the name and submit this after getting it notarized.



Looks fine.



You should answer as 'No'



'None of the above statements apply to me' is the correct answer. Please note this section is talking about the beneficiary (your father or mother) and not about you.



Correct.



The list of benefits is listed in question 23. Your answer is correct since you dont have a pending or denied application, right? So answer is No.



I selected No here, but leaving it blank should be probably ok.



If you havent applied for a fee waiver, say No here.



If submitting a certificate, use date of the certificate. If not using a certificate, put the best approximate date and indicate in the additional section that you don't not have documentation.



Same for my mom. I answered 6A as No, and left 6B blank.



Those are all the forms I submitted.



It's quite straightforward.
Part 2 I chose 1.d. (Allow me to return to the US after temporary foreign travel)
Part 4. 1.a. Purpose: Visit family members



Yes, would recommend one cover letter listing all the forms and associated documents in order so its easy for them to find everything. This is like a 'Table of Contents'
Another cover letter for Advance Parole, something like the format below.

Address
City, State
Date

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517
(check correct address)

RE: Justification for Advance Parole viz. Concurrent Adjustment of Status Application (Immediate Relative)
Petitioner: Your information, DOB, A# etc.
Beneficiary: Parent Name, DOB

Dear Sir/Madam:

I am writing to request that my application for Advance Parole be approved as it is being filed by me alongwith my concurrent Adjustment of Status application.

If you have any questions or concerns, please call me at {phone number} or email me at {email} Thank you very much for your prompt consideration of my applications.

Sincerely,


Parent Name



Yes, separately for each parent - 1 for I-130 and 1 for I-485. Make sure the amounts are correct (include fingerprinting fee based on age etc.) as they will return your application if fees are not correct and ask you to re-send with correct fees.

Make completely separate sets of documents and applications for your father and your mother. Have both of them in separate envelopes and write their identifying information on top of the envelopes, and you could put these separate envelopes into a single flat rate UPS box if that saves on postage. Otherwise, just mail them independently.

Does same thing apply for Part 3, 7. Is any additional income listed above come from illegal activity? Should i leave this blank since i didnt enter any additional income.

[verbose]

I think I am almost close to wrapping up I-944. A few more things I wanted to clarify.

Regarding Credit History. There are 3 names reported in my moms credit history and one of the name as a typo. I called the credit agency and they said they can send me a mail where i have to sign a document to get it corrected. I was thinking of writing an explanation to USCIS that I am taking these steps to get it corrected and will have it corrected by the time of the interview. Does that sound reasonable to you?

You don't need to do that, in my opinion. You could probably submit it as-is. If you like, look for a sample "one and the same person" and list all the spellings of the name and submit this after getting it notarized.

Part 3
16. No, I have not received any public benefit

Looks fine.

17. I left it blank since there wasn't a need to withdraw since i never applied

You should answer as 'No'

19. I left "None apply" blank thinking that it i select this, the officer may think there are some other benefits I applied for?

'None of the above statements apply to me' is the correct answer. Please note this section is talking about the beneficiary (your father or mother) and not about you.

20. Not sure what to select for this one, none apply?

Correct.

22. It is vague since there's is nothing to select in the form? I said No

The list of benefits is listed in question 23. Your answer is correct since you dont have a pending or denied application, right? So answer is No.

25. I left it blank, again thinking that if i didn't apply then no need to withdraw, right?

I selected No here, but leaving it blank should be probably ok.

26. Should i select No or leave it blank like others?

If you havent applied for a fee waiver, say No here.

Part 4
5. For my dad I said English and for Certification/Courses Attended, I mentioned "Worked 4 years at this company" and in additional section, i will provide info that when my dad was on a work visa prior to being on B2. He worked for major company. Not sure if this is enough? Also what should I put for Date Certified? Last day of my dad at work?

If submitting a certificate, use date of the certificate. If not using a certificate, put the best approximate date and indicate in the additional section that you don't not have documentation.

6B. For my mom, she never worked so i am not sure what date to put.

Same for my mom. I answered 6A as No, and left 6B blank.

Since i am wrapping up this form. I am going to review all forms again. I am OCD so i may have some additional question, i am sure i have bugged you to death by now.

In the time being, I am going to get 2 pass size photo for my mom/dad and i have 130,485,765,864,944 and 1145. 693 is pending eval. Any other forms i am missing?

Those are all the forms I submitted.

I noticed you also applied for 131, how hard was it to fill that form and what kind of reason do i need for that form? The only thing I can think of is that if due to covid, this process takes several years, my parents would def want to go back and visit my younger brother who is back home.

It's quite straightforward.
Part 2 I chose 1.d. (Allow me to return to the US after temporary foreign travel)
Part 4. 1.a. Purpose: Visit family members

Did you also provide a cover letter?

Yes, would recommend one cover letter listing all the forms and associated documents in order so its easy for them to find everything. This is like a 'Table of Contents'
Another cover letter for Advance Parole, something like the format below.

Address
City, State
Date

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517
(check correct address)

RE: Justification for Advance Parole viz. Concurrent Adjustment of Status Application (Immediate Relative)
Petitioner: Your information, DOB, A# etc.
Beneficiary: Parent Name, DOB

Dear Sir/Madam:

I am writing to request that my application for Advance Parole be approved as it is being filed by me alongwith my concurrent Adjustment of Status application.

If you have any questions or concerns, please call me at {phone number} or email me at {email} Thank you very much for your prompt consideration of my applications.

Sincerely,


Parent Name

Did you write separate check? 2 for i130 and 2 for i485. Please advise.

Yes, separately for each parent - 1 for I-130 and 1 for I-485. Make sure the amounts are correct (include fingerprinting fee based on age etc.) as they will return your application if fees are not correct and ask you to re-send with correct fees.

Make completely separate sets of documents and applications for your father and your mother. Have both of them in separate envelopes and write their identifying information on top of the envelopes, and you could put these separate envelopes into a single flat rate UPS box if that saves on postage. Otherwise, just mail them independently.

[JFearH]

Also, pls note that for the plan I bought (and most others far as I know), you can cancel the plan once the green card is approved, and the prorated amount will be refunded back to you.

I think I am almost close to wrapping up I-944. A few more things I wanted to clarify.

Regarding Credit History. There are 3 names reported in my moms credit history and one of the name as a typo. I called the credit agency and they said they can send me a mail where i have to sign a document to get it corrected. I was thinking of writing an explanation to USCIS that I am taking these steps to get it corrected and will have it corrected by the time of the interview. Does that sound reasonable to you?

Part 3
16. No, I have not received any public benefit
17. I left it blank since there wasn't a need to withdraw since i never applied
19. I left "None apply" blank thinking that it i select this, the officer may think there are some other benefits I applied for?
20. Not sure what to select for this one, none apply?
22. It is vague since there's is nothing to select in the form? I said No
25. I left it blank, again thinking that if i didn't apply then no need to withdraw, right?
26. Should i select No or leave it blank like others?

Part 4
5. For my dad I said English and for Certification/Courses Attended, I mentioned "Worked 4 years at this company" and in additional section, i will provide info that when my dad was on a work visa prior to being on B2. He worked for major company. Not sure if this is enough? Also what should I put for Date Certified? Last day of my dad at work?
6B. For my mom, she never worked so i am not sure what date to put.

Since i am wrapping up this form. I am going to review all forms again. I am OCD so i may have some additional question, i am sure i have bugged you to death by now.

In the time being, I am going to get 2 pass size photo for my mom/dad and i have 130,485,765,864,944 and 1145. 693 is pending eval. Any other forms i am missing? I noticed you also applied for 131, how hard was it to fill that form and what kind of reason do i need for that form? The only thing I can think of is that if due to covid, this process takes several years, my parents would def want to go back and visit my younger brother who is back home. Did you also provide a cover letter? Did you write separate check? 2 for i130 and 2 for i485. Please advise.

[JFearH]

By the way the injunction was stayed by the 7th Circuit yesterday, so nevermind on that. You will still need to do I-944.

Thank You. Yes I noticed. I am mostly done with I-944, what a nightmare!

[newacct]

If USCIS updates their policy again and if i do file it without I-944 then all USCIS can do is ask me to file it right even if the ruling gets stayed later? So in either case its a win win? I dont want to rush this form and include it now and it being counted negative against me while I can take my time if needed later on. If so I will just wait for USCIS to update their policy so i can file it. That be ok?

By the way the injunction was stayed by the 7th Circuit yesterday, so nevermind on that. You will still need to do I-944.

[verbose]

#15. Is it ok to only include 6 months of health insurance or do i have to get 1 year for more chances of approval?

Also, pls note that for the plan I bought (and most others far as I know), you can cancel the plan once the green card is approved, and the prorated amount will be refunded back to you.

[verbose]

I am back to the drawing board. I honestly feel like I owe you something for all of your help and support. I have decided to fill out the I-944 form.

In the additional section, I included information about my two kids that I could not add in Part 2, #1. In #1E I put 6 (4 people on #1 plus 2 kids I added in Additional Info).

• Actually, you only need to include yourself here in addition to your parents if you are the only one providing 50% or more of their support.
• No need to include your wife and kids.
• So, the #1E should work out to 3, not 6.

Part 2, #1, I left "Does this individual live with you" blank since it is for beneficiary and I also left "Is this individual applying with you" blank

Correct.

Part 3, #1 for my mom and dad I put "Not required to file" since they are visitor and for myself, i put the W2 earnings. I didn't have any room left for my wife so i added that in additional section and i mentioned that she files joint with me since she doesn't work

• Yes, saying something like " Visitor to the USA. Not required to file a tax return." is fine for parents.
• Yes, W2 earnings are fine for you.
• No, there is no need to include your wife here.

Part 3 #9, I included my mom and dads US dollars worth in US Bank Statement (Chase and Bank of America) and planning on also adding what will be after their bank statement in back home is converted to US dollars and providing copy of those. For US bank statements, i will provide 12 months. So again, sorry for repeating myself but here I need to only add more assets (their properties back home) if I fail to provide 125% of the support? Do you feel like I need to provide anything else? I make close to 6 figure so i think it should be enough. Sorry if i am being too personal but i want to best help my case. So what i am asking is that here i can skip getting my US home appraised and getting their back home assets appraised? Please read my other question before answering this one.

• Yes, statements of US bank accounts and bank accounts abroad is good.
• Yes, six-figure salary covers the legal requirement here, you don't need to add assets or get yours/their home appraised. Don't worry about it.
• You can also include your own checking/savings/401K/IRA accounts here - grab the statements online and include them as more won't hurt here.

Part 3 #10. Again here i do not have to mention my mortgage right? and only if my mom has any liabilities?

Yes, assuming your parents don't have any liabilities worth mentioning. this is all 0s, totaling to 0.

#11. I got report for my mom and dad. My mom and dad has a shared account back in 2014 which went to collection due which wasn't their own fault but unluckily it never got resolved and now its on credit report.

If possible, include documentation for steps taken by your dad to resolve the matter. A letter from him explaining the circumstances and steps taken to resolve the matter in good faith would suffice at this stage.

lso my mom doesn't have a score since her credit isn't that much but my dad does have a score. I took a screenshot from Experian website showing only my mom's first name indicating that she doesn't have a credit score. Is that ok?

Yes, that's fine. You can also include a signed letter from her something like the below:
(pls modify to indicate specifics in your situation)

Address
Date

USCIS
Address (where you will send package)

RE: Sworn Statement of No US Credit History
Petitioner: Your name and DOB
Beneficiary: Your Mother's Name and DOB


TO WHOM IT MAY CONCERN

As an applicant for permanent residence who is subject to the public charge ground of inadmissibility, I understand that I must provide my U.S. credit report and credit score as a part of Form I-944, Declaration of Self-Sufficiency. I do not have a Social Security Number. As such, each of the three credit agencies is unable to generate a credit report or credit score for me.

Further, to demonstrate that I have been paying bills on time and have never had any missed or delayed payments, I am including copies of several bill payment receipts for your perusal.

I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.

Sincerely,

[Signature]

Your Mother's Name
Mailing Address
Telephone

#15. Is it ok to only include 6 months of health insurance or do i have to get 1 year for more chances of approval?

It might be fine - I used 12 months. You could try increasing the deductible amount to lower the annual premium.

Part 4
Education, my mom neither has degree neither she has the syllabus from her college but she did graduate and speaks good english. Although she graduated but back home and back then woman didn't care for their education once married so she never pursued getting a copy of her degree. In this case, will an notarized affidavit be enough of her saying that she did graduate but she doesn't have any record? Can the same apply for her English speaking skills along with what you said earlier (if needed, can prove during interview her English speaking skills). In this case should she write two letter or combine everything in one?

Sure, enter whatever details she has in Part 4. A single letter is fine. Copy of syllabus from a similar college (you can find it online?) would also be ok.
It's not a very big deal for old parents as I mentioned earlier, so don't worry if unable to add this.

My dad does have a degree, does that need to be validated by some org or can we just provide that as a proof?

Just a photocopy is fine. Enter the details in Part 4.

With what i have told you regarding our situation /assets, is this enough for our chances of getting approved or would you recommend getting their assets and appraisal, it will add extra time for me to file.

So far, all that you have shared looks pretty solid to me. Approval for parents is easier, in my experience. All the best!

[JFearH]

In addition the parents (2), include those who will provide atleast 50% of their support. Assuming that's you, then three people will be listed. By the way, this is the same as the ones you filled in Part 2. Yes, if you are providing the support, you should include your income.



You need to show aggregate income of ATLEAST 125% of the poverty guideline for the household size. Check here: https://aspe.hhs.gov/poverty-guidelines
For a three person household in a state other than Alaska or Hawaii this is $27,150*1.25 = $33,937.50 for 2020.
If the income suffices to meet this, showing assets is not necessary. If there is a shortfall, then assets can be used, but value of assets needs to be 5 times the shortfall. So, lets say income wise you are able to show $25,000 of the $33,937.50. Then the shortfall is $8,937.50, and you should show assets atleast equal to $44,687.50 (which is 5 times $8,937.50)

Remember, more is better here, so show as much as is practically possible for you to obtain documents for.

In my case, I sent in an appraisal of assets (home) abroad owned by my Dad along with certificates of deposits. In addition, I sent proof of my income. This was sufficient to overcome the limit.



Only the applicant's liabilities. So, your mother's liabilities on her I-944 and your father's on his I-944. I filled 0 for both.



I recommend buy a policy for one year starting a few days before your application mail-in date, and keep it current till the green cards are approved. Then you can switch to other/domestic insurance. I went with Safe Travels USA Comprehensive though insubuy.com. Yes, it is expensive. Yes, I recommend you do it.



Include a notarized self-affidavit from her and include a copy of the course syllabus of some key subjects (say English/Science/Math) from the college's website.
In my opinion, this is less of a factor for parents who are seniors/retired as they probably won't be looking for employment as the primary source of income/sustenance.
I feel it's more relevant for employment-based cases. Anyhow, above self-affidavit and copy of course syllabus should be easy to obtain and won't hurt.



Think outside the box. Include notarized self-affidavit and course syllabus copies. If your parents worked at some point, and have a retirement or any other certificate, include it as it will not hurt. If you dont have any, the affidavit stating the familiarity with the language and education obtained should help. They can also include a line in the affidavit certifying that they are willing to attend and provide proof of written and oral competence in English if required during the in-person interview.



Yes, it is quite a demanding form and probably uses the most volume of supporting documents. You are getting close to the end - keep at it!

I am back to the drawing board. I honestly feel like I owe you something for all of your help and support. I have decided to fill out the I-944 form.

In the additional section, I included information about my two kids that I could not add in Part 2, #1. In #1E I put 6 (4 people on #1 plus 2 kids I added in Additional Info).

Part 2, #1, I left "Does this individual live with you" blank since it is for beneficiary and I also left "Is this individual applying with you" blank

Part 3, #1 for my mom and dad I put "Not required to file" since they are visitor and for myself, i put the W2 earnings. I didn't have any room left for my wife so i added that in additional section and i mentioned that she files joint with me since she doesn't work

Part 3 #9, I included my mom and dads US dollars worth in US Bank Statement (Chase and Bank of America) and planning on also adding what will be after their bank statement in back home is converted to US dollars and providing copy of those. For US bank statements, i will provide 12 months. So again, sorry for repeating myself but here I need to only add more assets (their properties back home) if I fail to provide 125% of the support? Do you feel like I need to provide anything else? I make close to 6 figure so i think it should be enough. Sorry if i am being too personal but i want to best help my case. So what i am asking is that here i can skip getting my US home appraised and getting their back home assets appraised? Please read my other question before answering this one.

Part 3 #10. Again here i do not have to mention my mortgage right? and only if my mom has any liabilities?
#11. I got report for my mom and dad. My mom and dad has a shared account back in 2014 which went to collection due which wasn't their own fault but unluckily it never got resolved and now its on credit report. Also my mom doesn't have a score since her credit isn't that much but my dad does have a score. I took a screenshot from Experian website showing only my moms first name indicating that she doesn't have a credit score. Is that ok?

#15. Is it ok to only include 6 months of health insurance or do i have to get 1 year for more chances of approval?

Part 4
Education, my mom neither has degree neither she has the syllabus from her college but she did graduate and speaks good english. Although she graduated but back home and back then woman didn't care for their education once married so she never pursued getting a copy of her degree. In this case, will an notarized affidavit be enough of her saying that she did graduate but she doesn't have any record? Can the same apply for her English speaking skills along with what you said earlier (if needed, can prove during interview her English speaking skills). In this case should she write two letter or combine everything in one?

My dad does have a degree, does that need to be validated by some org or can we just provide that as a proof?

With what i have told you regarding our situation /assets, is this enough for our chances of getting approved or would you recommend getting their assets and appraisal, it will add extra time for me to file.

[verbose]

But that will cause further delay in the processing of the case.
I think this change in policy and then reversal has happened once already in the last few months. All the best with whatever you decide.

[verbose]

If USCIS updates their policy again and if i do file it without I-944 then all USCIS can do is ask me to file it right even if the ruling gets stayed later? So in either case its a win win? I dont want to rush this form and include it now and it being counted negative against me while I can take my time if needed later on. If so I will just wait for USCIS to update their policy so i can file it. That be ok?

Yes.