Sponsoring parents that overstayed. Need i-130 and i-485?

[pentool]

Hello all! I think I was here when Obama's Dream act first was introduced, but cant find that old account login darn it lol. So I just became a naturalized citizen not too long ago and now would like to sponsor my parents for the green card. My parents have overstayed their student visa for over a 20 yrs, so they're in the states currently. So we need i-130 for both parents and also the i-485? Can I do the 130 online today and send the 485 later? Or must be mailed in together? What else do we need to file? Also is there a financial guarantee/sponsor document we need to file? Thanks so much in advance!

[newacct]

Yes, I-130 and I-485 for each parent. You can file I-130 and I-485 together by mail, or file I-130 online and print out the receipt and file I-485 with the I-130 receipt. Each form has many required documents; read each form's instructions for details. I-485 will need I-864 Affidavit of Support and I-693 for the medical, and many other documents. They can also file I-765 for EAD and I-131 for Advance Parole, both for free, with their I-485.

[pentool]

So they need all these docs 2 times as well? 864, 693, 765 and 131? Is the 131 necessary for them if they're here and not planning to travel? Also do you recommend sending all these docs in 1 envelope or each document separately?
Thank you so much!

[newacct]

So they need all these docs 2 times as well? 864, 693, 765 and 131? Is the 131 necessary for them if they're here and not planning to travel? Also do you recommend sending all these docs in 1 envelope or each document separately?
Thank you so much!

Yes, everything is twice, once for each parent. I-765 for EAD and I-131 for AP are not necessary, but they are free so why not get them just in case? EAD would allow them to get SSN (they would get SSN with green card also, but EAD can come faster) and qualify for driver's license/ID in some states. All the forms for each parent should be filed in one big envelope, though it can be organized by form inside.

[pentool]

Thanks so much!!

[pentool]

Hi! I was trying to print out the i-765 but it seems online file only. I just didnt understand what they mean by decouple forms.. Could you pleas explain what they mean below? Thank you!


"To improve efficiency and reduce Form I-765 processing times for Form I-485 applicants, USCIS may decouple Forms I-765 from Forms I-131 filed at the same time.

To improve efficiency and reduce Form I-765 processing times for Form I-485 applicants, USCIS may decouple Forms I-765 from Forms I-131 filed at the same time. Effective Feb. 1, 2022, when possible, we will adjudicate an applicant's Form I-765 first. If we approve it, we will issue an Employment Authorization Document without any notation about advanced parole. We will adjudicate the Form I-131 separately and if we approve it, we will issue an advance parole document."

[newacct]

Hi! I was trying to print out the i-765 but it seems online file only.

I-765 for I-485 applicants (category (c)(9)) must still be filed by paper. On the I-765 page, open the "Forms and Document Downloads" section to see the paper form.

I just didnt understand what they mean by decouple forms.. Could you pleas explain what they mean below? Thank you!


"To improve efficiency and reduce Form I-765 processing times for Form I-485 applicants, USCIS may decouple Forms I-765 from Forms I-131 filed at the same time.

To improve efficiency and reduce Form I-765 processing times for Form I-485 applicants, USCIS may decouple Forms I-765 from Forms I-131 filed at the same time. Effective Feb. 1, 2022, when possible, we will adjudicate an applicant's Form I-765 first. If we approve it, we will issue an Employment Authorization Document without any notation about advanced parole. We will adjudicate the Form I-131 separately and if we approve it, we will issue an advance parole document."

EAD and Advance Parole can be issued on a single card (commonly called a "combo card"), which is an EAD with a notation that it also serves as Advance Parole. Or they can be issued separately, with the EAD card without Advance Parole notation, and the Advance Parole coming on two pieces of paper. Decoupling means issuing them separately.

[pentool]

Ok Thank you!

[pentool]

Hi again. What would be the eligibility category code for parent of US citizen? I-765 27. Thank you!

[pentool]

F1 visa overstay, so (c)(9)?

[newacct]

Yes, (c)(9), EAD for I-485 applicant

[pentool]

Got it thank you!
I have questions on the i-864. Me and my wife will be sponsoring my parents. Do my parents each need 864 completed or just 1 form is required? Also my wife as the joint sponsor, does she need a separate 864 completed? Thanks so much!

[newacct]

Got it thank you!
I have questions on the i-864. Me and my wife will be sponsoring my parents. Do my parents each need 864 completed or just 1 form is required? Also my wife as the joint sponsor, does she need a separate 864 completed? Thanks so much!

Each parent needs a separate I-864, since they were each petitioned on a separate I-130.

It doesn't make sense for your wife to be a "joint sponsor". She should instead be your "household member" if your own individual income is insufficient and you need to count her income. (If she were a joint sponsor, you would be counted in her household anyway, so her household would basically be the same as your household, so there's no point to do it that way, and it can just be done as your household.) So you would file I-864, and she would file I-864A as your household member. (Again, one for each parent, so two I-864s and two I-864As total.)

[pentool]

Perfect thank you!