Green Card for Parent

[vikkam]

My cousin Indian citizen wants to get green card through his daughter (citizen. Has tourist visa valid till Dec 2020. Visited US few times in past 5-7 years.



Questions

a. Should he apply from India or come to USA and apply for change of status?

b. Is there any difference in processing times between applying in India or USA?

c. If he applies from India, can he visit USA during pendency of his petition?

d. His spouse passed away few weeks ago. Does he need to submit marriage certificate still?

e. If he does not have marriage certificate what supporting documents will be needed.

[singhhundal]

My cousin Indian citizen wants to get green card through his daughter (citizen. Has tourist visa valid till Dec 2020. Visited US few times in past 5-7 years.



Questions

a. Should he apply from India or come to USA and apply for change of status? - Your cousin's daughter will have to apply his I130 and not your cousin and that applicaiton should be applied in USA.

b. Is there any difference in processing times between applying in India or USA? - Not sure

c. If he applies from India, can he visit USA during pendency of his petition? - Not sure

d. His spouse passed away few weeks ago. Does he need to submit marriage certificate still? - Yes, same thing happened in my case, my Mom passed away and my parents had not registered their marriage so we got an RFE. If the certificate is not there or cannot be procured, scramble to get some affidavits proving the relations ship of his daughter and him. See my similar question posted in this forum.

https://www.immihelp.com/forum/showthread.php/242902-I130-for-my-Dad-RFE-Need-marriage-certificate-of-my-parents

e. If he does not have marriage certificate what supporting documents will be needed. - See my question i am also seeking answers in this regard, i have shared the details which i got in RFE. https://www.immihelp.com/forum/showt...-of-my-parents

I can asnwer some of you questions (see in quotes) as i did the same for my Dad. I am no expert so please consult an expert before making any decesion.