next steps in I-130 petition

[alr]

Hello!

I am a US citizen filing for I-130 green card for both parents who are residing in India. I have a couple of questions I was hoping the group could help me with:

How long before I receive an I-797C? I submitted the I-130 to the Phoenix lockbox in January. I received an I-797 acknowledgement and my online status says "On January 19, 2018, we received your Form I-130, Petition for Alien Relative, Receipt Number ZZZ, and sent you the receipt notice that describes how we will process your case." All I received is an I-797 saying "your case has been received and is in process". Is the next step to wait until I receive an I-797C saying my case has been forwarded to the NVC (in Mumbai)? Any idea how long this takes on average?

My parent's marriage certificate has a misspelled name. Should my parents submit the affidavit to clairfy this, or should I (the petitioner) submit the affidavit? (i.e. will the RFE come to me, or my parents?)

At what stage of this process can they travel to the US? They would like to travel at the earliest (to see a newborn baby) and already have a valid B2 tourist visa, but I know I can't bring them in on a B2 tourist visa because the already filed I-130 indicates intent to immigrate. Do they have to wait till the end of this process, or is there an earlier point where they can travel?

Thanks!

[inthemoment]

For the marriage certificate, it only matters for the father's petition and not the mothers. If the name is misspelled in the marriage certificate, you are most likely going to get an RFE and you as the petitioner should either get the marriage certificate amended (to save time and be ready) or get an affidavit as given in the RFE. Ideally, you should have done this prior to sending the form, since if you get an RFE then it is going to extend the process by a couple of months or so.

Remember the I-130 is a petition to USCIS. You are the petitioner, so all correspondence related to it only comes to you (or a designated attorney if you have one).

What service center is your case at? It is generally taking around 7 months to get I-130 approved. Then about 3-4 weeks after that for NVC to receive the approved petition and create a case number - after that generally speaking it is taking about 3-4 months for completing the NVC process up to the the interview at the Mumbai consulate. So easily one 1 year since you submitted the I-130 if all goes well to get that immigrant visa.

There is nothing that bars them from coming to the US on a current B2 visa when the I-130 is pending. If asked at the port of entry, they should be truthful about their plans of returning with some good evidence (return ticket, business at home etc.)

Hello!

I am a US citizen filing for I-130 green card for both parents who are residing in India. I have a couple of questions I was hoping the group could help me with:

How long before I receive an I-797C? I submitted the I-130 to the Phoenix lockbox in January. I received an I-797 acknowledgement and my online status says "On January 19, 2018, we received your Form I-130, Petition for Alien Relative, Receipt Number ZZZ, and sent you the receipt notice that describes how we will process your case." All I received is an I-797 saying "your case has been received and is in process". Is the next step to wait until I receive an I-797C saying my case has been forwarded to the NVC (in Mumbai)? Any idea how long this takes on average?

My parent's marriage certificate has a misspelled name. Should my parents submit the affidavit to clairfy this, or should I (the petitioner) submit the affidavit? (i.e. will the RFE come to me, or my parents?)

At what stage of this process can they travel to the US? They would like to travel at the earliest (to see a newborn baby) and already have a valid B2 tourist visa, but I know I can't bring them in on a B2 tourist visa because the already filed I-130 indicates intent to immigrate. Do they have to wait till the end of this process, or is there an earlier point where they can travel?

Thanks!

[alr]

For the marriage certificate, it only matters for the father's petition and not the mothers. If the name is misspelled in the marriage certificate, you are most likely going to get an RFE and you as the petitioner should either get the marriage certificate amended (to save time and be ready) or get an affidavit as given in the RFE. Ideally, you should have done this prior to sending the form, since if you get an RFE then it is going to extend the process by a couple of months or so.

Remember the I-130 is a petition to USCIS. You are the petitioner, so all correspondence related to it only comes to you (or a designated attorney if you have one).

What service center is your case at? It is generally taking around 7 months to get I-130 approved. Then about 3-4 weeks after that for NVC to receive the approved petition and create a case number - after that generally speaking it is taking about 3-4 months for completing the NVC process up to the the interview at the Mumbai consulate. So easily one 1 year since you submitted the I-130 if all goes well to get that immigrant visa.

There is nothing that bars them from coming to the US on a current B2 visa when the I-130 is pending. If asked at the port of entry, they should be truthful about their plans of returning with some good evidence (return ticket, business at home etc.)

Thanks for this helpful response.

I was trying to save time by submitting the I-130 first, and waiting for the RFE later, because obtaining the affidavit would have taken a week or so (to have it mailed here to the U.S.), and I wanted to submit the I-130 as soon as possible. It now looks like that was the wrong move, as the RFE process creates a longer delay!

I live in California and mailed it to the Phoenix lockbox, so I'll assume the service center is the California one.

1. 3-4 months is a long time for the RFE to resolve. Is it possible to send the documents needed for an RFE (i.e. the affidavit to correct the spelling mistake) before the RFE request is received? I am trying to save time, so if there's a way to mail it in as supporting documentation, that would help.

2. On the travel to U.S., this seems to be a popular question here on this board, with responses varying all over the place. It looks like this is going to be risky no matter what, even with strong ties to the home country, but is it somewhat safer once the I-130 has been approved? Or does it not make a difference at all? I don't want to risk the I-130 application when it is in progress.

[inthemoment]

The service center would not depend on the state you live in - if your receipt number starts with LIN-Nebraska SC, SRC-Texas SC, YSC-Potomac/DC. Actually the address of the service center your case is assigned to is written right at the bottom of the I-130 receipt notice that you received.

I am in the same boat as you - from California and consulate is going to be Mumbai. I had my mother send an affidavit she made for a tiny spelling variation in her name in my birth certificate and I shipped it all together. People have sent supporting documentation later and I think considering the 7 months or so time you have in hand it might be good. The address you send it to should be the service center your case is at for expedience. Get the right address by calling USCIS and ask them to transfer to level 2 for this. But one caveat, it all depends on how big of a spelling mistake and whose name it is mother or dad, so take a few opinions on what can cover the difference. Generally I have seen an affidavit from a person who witnessed the marriage and a secondary evidence that mentions both of their correct names (any government document, financial document or perhaps your educational documents etc.) suffices.

Nevertheless, you have many months in your hand - get the work started and send it off. Make sure to make two affidavits etc. in case USCIS loses the additional documentation you send.

My parents might also visit on B2 while their I-130 is pending/approved - I have seen several doing this - and I am not going to worry about it.

[alr]

The service center would not depend on the state you live in - if your receipt number starts with LIN-Nebraska SC, SRC-Texas SC, YSC-Potomac/DC. Actually the address of the service center your case is assigned to is written right at the bottom of the I-130 receipt notice that you received.

I am in the same boat as you - from California and consulate is going to be Mumbai. I had my mother send an affidavit she made for a tiny spelling variation in her name in my birth certificate and I shipped it all together. People have sent supporting documentation later and I think considering the 7 months or so time you have in hand it might be good. The address you send it to should be the service center your case is at for expedience. Get the right address by calling USCIS and ask them to transfer to level 2 for this. But one caveat, it all depends on how big of a spelling mistake and whose name it is mother or dad, so take a few opinions on what can cover the difference. Generally I have seen an affidavit from a person who witnessed the marriage and a secondary evidence that mentions both of their correct names (any government document, financial document or perhaps your educational documents etc.) suffices.

Nevertheless, you have many months in your hand - get the work started and send it off. Make sure to make two affidavits etc. in case USCIS loses the additional documentation you send.

My parents might also visit on B2 while their I-130 is pending/approved - I have seen several doing this - and I am not going to worry about it.

Thanks for that - my service center is in Mesquite TX, and it is printed on the I-797 acknowledgement.

I'm getting my parents started on the affidavit back in Mumbai, this is basically a notarized document on Rs.200 stamp paper saying

"I, the undersigned, parent's name, residing at address, do solemnly affirm and declare under oath that:
The following names refer to one and the same person:
'Name 1, Name 2'
The above are variations of the same name and should not be considered as name changes.
I do hereby solemnly affirm that the foregoing are true and correct statements. ".

I got the format from one of the older threads on this forum. I believe this should be enough; the marriage certificate has no other issues as such.

I'll give USCIS a call tomorrow to confirm how the additional docs should be sent (e.g., with a cover letter, copies of original I-130 etc.).

[Vayu30]

Petitioner's Birth Certificate

Thanks for that - my service center is in Mesquite TX, and it is printed on the I-797 acknowledgement.

I'm getting my parents started on the affidavit back in Mumbai, this is basically a notarized document on Rs.200 stamp paper saying

"I, the undersigned, parent's name, residing at address, do solemnly affirm and declare under oath that:
The following names refer to one and the same person:
'Name 1, Name 2'
The above are variations of the same name and should not be considered as name changes.
I do hereby solemnly affirm that the foregoing are true and correct statements. ".

I got the format from one of the older threads on this forum. I believe this should be enough; the marriage certificate has no other issues as such.

I'll give USCIS a call tomorrow to confirm how the additional docs should be sent (e.g., with a cover letter, copies of original I-130 etc.).

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Hello, i came across this thread and i found this is somewhat applicable to my situation as well. I would really appreciate if you can help in any way. I am a USC and applying for my parents GC. my first q is
- my birth certificate has misspelled last name for both my parents ( eg - instead of being AGARWAL its spelled as AGRAWAL)

- the bc issued is from the hospital ( with the seal of CMO) where the birth took place.

will either of these issues create a problem with the approval of i130.

thank you.

[Vayu30]

Petitioner's Birth Certificate

The service center would not depend on the state you live in - if your receipt number starts with LIN-Nebraska SC, SRC-Texas SC, YSC-Potomac/DC. Actually the address of the service center your case is assigned to is written right at the bottom of the I-130 receipt notice that you received.

I am in the same boat as you - from California and consulate is going to be Mumbai. I had my mother send an affidavit she made for a tiny spelling variation in her name in my birth certificate and I shipped it all together. People have sent supporting documentation later and I think considering the 7 months or so time you have in hand it might be good. The address you send it to should be the service center your case is at for expedience. Get the right address by calling USCIS and ask them to transfer to level 2 for this. But one caveat, it all depends on how big of a spelling mistake and whose name it is mother or dad, so take a few opinions on what can cover the difference. Generally I have seen an affidavit from a person who witnessed the marriage and a secondary evidence that mentions both of their correct names (any government document, financial document or perhaps your educational documents etc.) suffices.

Nevertheless, you have many months in your hand - get the work started and send it off. Make sure to make two affidavits etc. in case USCIS loses the additional documentation you send.

My parents might also visit on B2 while their I-130 is pending/approved - I have seen several doing this - and I am not going to worry about it.

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hello, i came across this thread and i found this is somewhat applicable to my situation as well. I would really appreciate if you can help in any way. I am a USC and applying for my parents GC. my first q is
- my birth certificate has misspelled last name for both my parents ( eg - instead of being AGARWAL its spelled as AGRAWAL) also my bc has my fathers first and middle name initials with full last name, not the full first and middle name (eg S N Agarwal and not Surendra Narain Agarwal)

- the bc issued is from the hospital ( with the seal of CMO) where the birth took place.

will either of these issues create a problem with the approval of i130. can i send in secondary evidence along with the i130 forms like a copy of my OCI that has both my parents name with the correct spelling.

thank you.

[alr]

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Hello, i came across this thread and i found this is somewhat applicable to my situation as well. I would really appreciate if you can help in any way. I am a USC and applying for my parents GC. my first q is
- my birth certificate has misspelled last name for both my parents ( eg - instead of being AGARWAL its spelled as AGRAWAL) also my bc has my fathers first and middle name initials with full last name, not the full first and middle name (eg S N Agarwal and not Surendra Narain Agarwal)

- the bc issued is from the hospital ( with the seal of CMO) where the birth took place.

will either of these issues create a problem with the approval of i130. can i send in secondary evidence along with the i130 forms like a copy of my OCI that has both my parents name with the correct spelling.

thank you.

For the name spelling, I would suggest getting an affidavit (the format is available on these forums in the FAQs section) - that's what I got. This worked for me, I don't know if the OCI card will work. The birth certificate I submitted was issued by the Ministry of Health, so a government office.

[Vayu30]

Petitioner's Birth Certificate

For the name spelling, I would suggest getting an affidavit (the format is available on these forums in the FAQs section) - that's what I got. This worked for me, I don't know if the OCI card will work. The birth certificate I submitted was issued by the Ministry of Health, so a government office.

hello, thanks a lot for the response. really really appreciate it. did u submit the affidavit when u received the RFE or along with the i130 ? if yes when did u receive the RFE -i.e. approximately how long after filing the i130 did you get the RFE?

thanks so much.

[alr]

hello, thanks a lot for the response. really really appreciate it. did u submit the affidavit when u received the RFE or along with the i130 ? if yes when did u receive the RFE -i.e. approximately how long after filing the i130 did you get the RFE?

thanks so much.

I submitted the affidavit pro-actively 4 months after I submitted the original I-130. I did not get an RFE, so I just sent in the affidavit as a separate document with a cover letter to the service center handling my case. My I-130 was approved last month, after being submitted in Feb 2018.

[Vayu30]

Petitioner's Birth Certificate

I submitted the affidavit pro-actively 4 months after I submitted the original I-130. I did not get an RFE, so I just sent in the affidavit as a separate document with a cover letter to the service center handling my case. My I-130 was approved last month, after being submitted in Feb 2018.

Hello, thanks again so much for the quick response and good news that ur petition got approved.

i tried searching for the affidavit sample and found this link - https://www.immihelp.com/sample-one-...s-immigration/
can you please let me know if this is the right sample. if not then would you please be able to post the link here. would really appreciate it. thanks so much. this forum is a life saver. helps everyone to navigate through the tough process.

[alr]

Hello, thanks again so much for the quick response and good news that ur petition got approved.

i tried searching for the affidavit sample and found this link - https://www.immihelp.com/sample-one-...s-immigration/
can you please let me know if this is the right sample. if not then would you please be able to post the link here. would really appreciate it. thanks so much. this forum is a life saver. helps everyone to navigate through the tough process.

Happy to help out. Yes, that is the sample format that I used. I changed it a little to match my needs (deleted 4,5,6,7), but the format is the same.

[Vayu30]

Petitioner's Birth Certificate

Happy to help out. Yes, that is the sample format that I used. I changed it a little to match my needs (deleted 4,5,6,7), but the format is the same.

thanks again for the quick response. shud this affidavit be on a stamp paper ? and do we need to send the original or a copy of the affidavit is good. thank you.

[alr]

thanks again for the quick response. shud this affidavit be on a stamp paper ? and do we need to send the original or a copy of the affidavit is good. thank you.

Has to be stamp paper (I got Rs.100 worth), and notarized. Original version to be sent in.

[Vayu30]

Petitioner's Birth Certificate(maiden vs married name)

Has to be stamp paper (I got Rs.100 worth), and notarized. Original version to be sent in.

thanks a lot. another silly q popped into my head. if i were to get a new bc issued, should my bc have my maiden name along with my first name or my married name with my first name. i do have a marriage certificate from here in the US.