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

[JFearH]

I will recommend you prepare the I-944 and include it regardless. Best case, it gets ignored. Worst case, you get good preparation of supporting documents to take to the interview in case they end up requiring one.

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?

[verbose]

I just read the news that a new federal judge blocked the ordinance again. Does this mean that USCIS may update their policy again? until and if it gets appealed again? In that case it would be ideal to send my package as soon as USCIS updates it right?

I will recommend you prepare the I-944 and include it regardless. Best case, it gets ignored. Worst case, you get good preparation of supporting documents to take to the interview in case they end up requiring one.

[verbose]

I have several question for I-944.

Part 3
1. List your and your household member.
Does this mean include everyone that lives in the house hold including my parents, myself and my wife? Does this mean that the petitioner (myself) is also included in house hold member? If so, do i also include my total income from my W2?

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.

9. In the list of assets, i am including my parents US bank statement. Do I also include their asset (converted to US dollars) that are located back home? Additionally, do i need to also list asset of petition (myself) including the worth of my home? Which raises another question, i read somewhere that i have to get it professionally appraised?

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.

10. Similar question, do i need to list my liabilities or only my parents, if they have any? Its really confusing. Do i list my mortgage or what not?

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.

15. I usually have been getting their health insurance every 3 months since initially they planned on leaving? Is that ok if their insurance expires end of year or do be on safe side i must extend their coverage and show that as the proof?

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.

Part 4
My mom completed her college but she doesnt have a copy of her degree and prob has no way of getting a copy. What can we do in this case to provide as a proof?

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.

5. My mom doesnt have any certification for English neither does my dad but they both speak fluent english. What can we provide in this case?

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.

Sorry, may have more questions comming up once these are answered. This form is the most confusing one.

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!

[JFearH]

Look at the definition of who's in their household in the I-944 instructions. Basically, it's your parent, their spouse, and their dependents (likely none). The only way that you would be included in their household would be if you provide at least 50% of their support. You probably needs to be included in their household to reach 125% of poverty level.

The I-944 is likely to become unnecessary due to the latest injunction, but who knows whether that injunction will be stayed, so stay tuned.

I just read the news that a new federal judge blocked the ordinance again. Does this mean that USCIS may update their policy again? until and if it gets appealed again? In that case it would be ideal to send my package as soon as USCIS updates it right?

[newacct]

I have several question for I-944.

Part 3
1. List your and your household member.
Does this mean include everyone that lives in the house hold including my parents, myself and my wife? Does this mean that the petitioner (myself) is also included in house hold member? If so, do i also include my total income from my W2?

Look at the definition of who's in their household in the I-944 instructions. Basically, it's your parent, their spouse, and their dependents (likely none). The only way that you would be included in their household would be if you provide at least 50% of their support. You probably needs to be included in their household to reach 125% of poverty level.

The I-944 is likely to become unnecessary due to the latest injunction, but who knows whether that injunction will be stayed, so stay tuned.

[JFearH]

Correct.



I put the origin country information here.



Correct.



I put the origin country information here.



I left this blank.



Correct.



Correct.



Correct.



Correct.



Correct.



#5a: Correct.
#7a: Origin country information. Correct.
#8a: Put approximate date. Say Jul 15 or Jul 30 if the month is July, etc.



Correct.



Correct.



Correct.



Correct.



5 is correct for both applications - father's and mother's.



I used the 'Additional Information' section in the forms to supply such information.



I did not follow the N/A very diligently - but do your best as much as you can.
I had asked the same question while filing my paperwork and got a mixed set of answers. I'd say write N/A where that helps to clarify and make your answer unambiguous. For some questions, its obvious that leaving them blank is fine, so don't lose sleep over it.



You're welcome. Just pass on the knowledge to others as you go.
Go ahead with the I-944 now

I have several question for I-944.

Part 3
1. List your and your household member.
Does this mean include everyone that lives in the house hold including my parents, myself and my wife? Does this mean that the petitioner (myself) is also included in house hold member? If so, do i also include my total income from my W2?
9. In the list of assets, i am including my parents US bank statement. Do I also include their asset (converted to US dollars) that are located back home? Additionally, do i need to also list asset of petition (myself) including the worth of my home? Which raises another question, i read somewhere that i have to get it professionally appraised?
10. Similar question, do i need to list my liabilities or only my parents, if they have any? Its really confusing. Do i list my mortgage or what not?
15. I usually have been getting their health insurance every 3 months since initially they planned on leaving? Is that ok if their insurance expires end of year or do be on safe side i must extend their coverage and show that as the proof?

Part 4
My mom completed her college but she doesnt have a copy of her degree and prob has no way of getting a copy. What can we do in this case to provide as a proof?

5. My mom doesnt have any certification for English neither does my dad but they both speak fluent english. What can we provide in this case?


Sorry, may have more questions comming up once these are answered. This form is the most confusing one.

[verbose]

Hi Verbose,

I have gathered all the questions I wanted to ask you. If you could please spare some time to address these since you recently went through the process and also filed for parents, I would really appreciate it. Some of them I may have asked and need some additional clarification, please bare with me.

I-130
Part 1
#2. Since I am filling for parents, I Selected "Child was born to parents who were married to each other at the time of child's birth"

Correct.

#28 #29 Does this really require us to put their foreign city/country even though they now live here? I am only asking because i have seen people put current US City/Country for City/Country of Residence taking in to consideration that their residence is now in US.

I put the origin country information here.

Part 4
#10 Has anyone else ever filed a petition for the beneficiary? Here I said no assuming that Extension of B2 Stay application is not relevant for this question

Correct.

#11,#12,#13. This is where I need clarification. For #13 i put SAME. This is based off of some research where some people on forum are claiming that for AOS, providing foreign address is not necessary since technically, they should not have an address outside of US (assuming they are adjusting status in US and living here)

I put the origin country information here.

#57 Their language do not use Roman letters but their name/address can be written in romman letters. Do I write it same way? For exmaple if the native language is Hindi, would you write the name and address as it would be written in hindi?

I left this blank.

Part 5
#1 Have you ever previously filed a petition for this beneficiary or any other alien? Here I also said no assuming that Extension of B2 Stay application is not relevant for this question

Correct.

#6 If you are submitting separate petitions for other relatives, provide the names of and your relationship to each relative. This is where I put my fathers info (on Mother's I-130) and vice versa on my Fathers I-130

Correct.

I-485
Part 2
#1 I am filing this form I-485 for Principal applicant

Correct.

#2a Immediate relative spouse of a US Citizen. Checked

Correct.

#11 Are you applying for adjustment based on INA, i selected No

Correct.

Part 3
#5a #7a #8a This is where i asked earlier as well. My parents have been visiting me a dozen times in the last few years. For #5 I put US address where they live with me. For #6, I put their foreign address where they have lived for several decades, regardless of how many times they visited here or what not since places they visited before including US address doesnt account for the places where they lived as they were just visiting. For their foreign address, what "FROM DATE" should I put? Asking because it goes back at least 7 or 8 years and we may know only month and year but no exact day of the month.

#5a: Correct.
#7a: Origin country information. Correct.
#8a: Put approximate date. Say Jul 15 or Jul 30 if the month is July, etc.

I-765
Part 2
#27 is C9 the correct category?

Correct.

I-864
Note: I am the only sponsor
Part 1
#1a I only checked "I am the petitioner. I filed or am filing for the immigration of my relative"

Correct.

Part 3
#1 I only checked "I am sponsoring the principal immigrant named in part 2" and I left the Family Member 1, Family Member 2, etc blank since I am filing out a seperate I-864 for my father

Correct.

#29 I put 1 since i have am filing a separate form for my father

Correct.

Part 5
Lets say in my house hold I have me, my wife, my 2 kids, my father and my mother therefore the total house hold count for my father application will be 5 and for my mother application will be 5, is it correct? Or should i not count my wife and my kids in one of the application? So my Mothers application, I can put 1 for self (i think it automatically adds to the total but you get what i am saying), 1 for Mother, 1 for Spouse, 2 for kids and in my fathers application, i will put 1 for self, 1 for father and i will not include mother and wife and kids so total house hold count (Mother: 5, Father: 2). Is this correct?

5 is correct for both applications - father's and mother's.

Some generic question
1. Some fields do not allow some numbers or some characters such as I-94 record number. Did you leave those and hand wrote those after printing the form?

I used the 'Additional Information' section in the forms to supply such information.

2. Did you try N/A anywhere the question was not applicable to you or did you leave blank?

I did not follow the N/A very diligently - but do your best as much as you can.
I had asked the same question while filing my paperwork and got a mixed set of answers. I'd say write N/A where that helps to clarify and make your answer unambiguous. For some questions, its obvious that leaving them blank is fine, so don't lose sleep over it.

I have some questions on I-944 as well but I do not want to bombard you with a 100 question so I will let you answer these before moving to I-944.

If I have not already mentioned, I salute you, sir!

You're welcome. Just pass on the knowledge to others as you go.
Go ahead with the I-944 now

[JFearH]

The EOS is now unnecessary since they are applying for AOS.

They are eligible to file for AOS even if they fail to maintain lawful status since entry to United States. See this rule:
https://www.uscis.gov/policy-manual/...rt-b-chapter-8 (see under B. Immediate Relatives, third bullet point)

This means that even if the I-94 status date passes before they file for AOS, it will not be a problem.

If able, you can file AOS before the EOS biometric (why wait?), and that will be the same as an automatic extension of stay since now their AOS application will be in progress. Personally, I'll suggest filing concurrently with the I-130 (and all additional paperwork such as I-944, I-693 (medical), etc.).

As for the EOS application, I'd think you can withdraw the application by writing to the address indicated on the receipt notice.

Hi Verbose,

I have gathered all the questions I wanted to ask you. If you could please spare some time to address these since you recently went through the process and also filed for parents, I would really appreciate it. Some of them I may have asked and need some additional clarification, please bare with me.

I-130
Part 1
#2. Since I am filling for parents, I Selected "Child was born to parents who were married to each other at the time of child's birth"
#28 #29 Does this really require us to put their foreign city/country even though they now live here? I am only asking because i have seen people put current US City/Country for City/Country of Residence taking in to consideration that their residence is now in US.
Part 4
#10 Has anyone else ever filed a petition for the beneficiary? Here I said no assuming that Extension of B2 Stay application is not relevant for this question
#11,#12,#13. This is where I need clarification. For #13 i put SAME. This is based off of some research where some people on forum are claiming that for AOS, providing foreign address is not necessary since technically, they should not have an address outside of US (assuming they are adjusting status in US and living here)
#57 Their language do not use Roman letters but their name/address can be written in romman letters. Do I write it same way? For exmaple if the native language is Hindi, would you write the name and address as it would be written in hindi?
Part 5
#1 Have you ever previously filed a petition for this beneficiary or any other alien? Here I also said no assuming that Extension of B2 Stay application is not relevant for this question
#6 If you are submitting separate petitions for other relatives, provide the names of and your relationship to each relative. This is where I put my fathers info (on Mother's I-130) and vice versa on my Fathers I-130

I-485
Part 2
#1 I am filing this form I-485 for Principal applicant
#2a Immediate relative spouse of a US Citizen. Checked
#11 Are you applying for adjustment based on INA, i selected No

Part 3
#5a #7a #8a This is where i asked earlier as well. My parents have been visiting me a dozen times in the last few years. For #5 I put US address where they live with me. For #6, I put their foreign address where they have lived for several decades, regardless of how many times they visited here or what not since places they visited before including US address doesnt account for the places where they lived as they were just visiting. For their foreign address, what "FROM DATE" should I put? Asking because it goes back at least 7 or 8 years and we may know only month and year but no exact day of the month.

I-765
Part 2
#27 is C9 the correct category?

I-864
Note: I am the only sponsor
Part 1
#1a I only checked "I am the petitioner. I filed or am filing for the immigration of my relative"

Part 3
#1 I only checked "I am sponsoring the principal immigrant named in part 2" and I left the Family Member 1, Family Member 2, etc blank since I am filing out a seperate I-864 for my father
#29 I put 1 since i have am filing a separate form for my father

Part 5
Lets say in my house hold I have me, my wife, my 2 kids, my father and my mother therefore the total house hold count for my father application will be 5 and for my mother application will be 5, is it correct? Or should i not count my wife and my kids in one of the application? So my Mothers application, I can put 1 for self (i think it automatically adds to the total but you get what i am saying), 1 for Mother, 1 for Spouse, 2 for kids and in my fathers application, i will put 1 for self, 1 for father and i will not include mother and wife and kids so total house hold count (Mother: 5, Father: 2). Is this correct?

Some generic question
1. Some fields do not allow some numbers or some characters such as I-94 record number. Did you leave those and hand wrote those after printing the form?
2. Did you try N/A anywhere the question was not applicable to you or did you leave blank?

I have some questions on I-944 as well but I do not want to bombard you with a 100 question so I will let you answer these before moving to I-944.

If I have not already mentioned, I salute you, sir!

[verbose]

The EOS is now unnecessary since they are applying for AOS.

They are eligible to file for AOS even if they fail to maintain lawful status since entry to United States. See this rule:
https://www.uscis.gov/policy-manual/...rt-b-chapter-8 (see under B. Immediate Relatives, third bullet point)

This means that even if the I-94 status date passes before they file for AOS, it will not be a problem.

If able, you can file AOS before the EOS biometric (why wait?), and that will be the same as an automatic extension of stay since now their AOS application will be in progress. Personally, I'll suggest filing concurrently with the I-130 (and all additional paperwork such as I-944, I-693 (medical), etc.).

As for the EOS application, I'd think you can withdraw the application by writing to the address indicated on the receipt notice.

[JFearH]

They are exempt from requiring this extension if they are applying for AOS. Even if they attend the interview and get an extension, you are free to start the I-130 and (I’d recommend file for a concurrent) I-485 adjustment.

So are you saying that we can file before our EOS biometric? and if they ask we can just speak the truth? I hope they dont say why you guys are getting biometric done for EOS if you filed for AOS.

[verbose]

Guys,

I have a question and i really need your advise! Before my parents had intention to immigrate, they filed for their extension of B2 (Visitor) stay. Although I havent filed for their i130 yet, they received the extension of stay biometric notice. My question is that (1) Should they go to their appointment? and (2) Is it a wise idea to wait until their appointment to file for their i130? Please advise.

They are exempt from requiring this extension if they are applying for AOS. Even if they attend the interview and get an extension, you are free to start the I-130 and (I’d recommend file for a concurrent) I-485 adjustment.

[JFearH]

Guys,

I have a question and i really need your advise! Before my parents had intention to immigrate, they filed for their extension of B2 (Visitor) stay. Although I havent filed for their i130 yet, they received the extension of stay biometric notice. My question is that (1) Should they go to their appointment? and (2) Is it a wise idea to wait until their appointment to file for their i130? Please advise.

[verbose]

It is my mistake, I should have clarified the part number. So let me reiterate with correct part number
1. Part 4 (Beneficiary Physical Address) (11a I put my current US address and I put "SAME" for 12A and 13A. Is this what you did as well?
2. Part 2 (Information about your parents) #28, City of Residence, did you put US City or back home?

Ok, got it!
1. So for 11a, I put my current US address since that is the beneficiary (parent)'s physical address, SAME in 12A (since thats where beneficiary intends to live) and for 13A I entered the address outside US since thats what the question asks for
2. I put my parent's abroad (outside US) City/Country.

[JFearH]

Above snapshot is from https://www.uscis.gov/sites/default/...orms/i-130.pdf (current edition: 02/13/19)

It is my mistake, I should have clarified the part number. So let me reiterate with correct part number
1. Part 4 (Beneficiary Physical Address) (11a I put my current US address and I put "SAME" for 12A and 13A. Is this what you did as well?
2. Part 2 (Information about your parents) #28, City of Residence, did you put US City or back home?

[verbose]

Above snapshot is from https://www.uscis.gov/sites/default/...orms/i-130.pdf (current edition: 02/13/19)