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  • Immigration Law Question: Please Help to bring my parents from India to US

    Hello Friends,
    Thank you so much for reading my post. Well I am a naturalized USC and my wife is a born USC. I got my Permanent Residency through marriage. Me and my wife would like to start the process of bringing my parents from India to the US to live with us permanently. I do understand that the first process is to file the I-130 for my parents and get it approved. Once approved I have to file the Affidavit of Support. Now here is the problem. I have been unemployed for the past 2 years (with no fulltime job) and my wife has been working for the same company for the last 10 years (she makes 60K a year and we have no kids). My parents tried to come to the US and applied for a tourist visa in 2003 and 2006 but were denied both the times. ( no reason given I am guessing they could not establish strong ties to India and in fact in 2006 the consulate officer told my mom to apply for a green card once I become a USC)
    So here are my questions:
    1) Can my wife file Affidavit of Support on behalf of me even though they are my parents? 2)Also, which form for the affidavit is appropriate? is it the I-864? and does she need to complete the I-864a?Or is it the I-134?
    3) We plan to file in Jan 2012. How much time would it take for them for this whole process for them to come to the US? (they live in Mumbai, India)
    4) Besides the 60K can we also show credit card limits, car valuation, our house, and most importantly my parents assets in Mumbai as they do have 2 properties in Mumbai of great value?
    5) I am applying for jobs everyday so hopefully I will have luck soon but at the same time if I do not have a job when they go for their interview at the consulate in Mumbai would that be grounds from rejection even though we meet the poverty guidelines?
    6) Can anyone please put a link to a step by step guide for consular processing?
    7) Do I need a lawyer to file all this paperwork?
    8)How much time does an I-130 take to be approved? We live in PA. And how much time gap is there between that approval and the request for the affidavit of support from the NVC?

    Any response/opinions from you guys is greatly appreciated. Thanks a lot guys.

    Ajay

  • #2
    Hello Friends,
    Thank you so much for reading my post. Well I am a naturalized USC and my wife is a born USC. I got my Permanent Residency through marriage. Me and my wife would like to start the process of bringing my parents from India to the US to live with us permanently. I do understand that the first process is to file the I-130 for my parents and get it approved. Once approved I have to file the Affidavit of Support. Now here is the problem. I have been unemployed for the past 2 years (with no fulltime job) and my wife has been working for the same company for the last 10 years (she makes 60K a year and we have no kids). My parents tried to come to the US and applied for a tourist visa in 2003 and 2006 but were denied both the times. ( no reason given I am guessing they could not establish strong ties to India and in fact in 2006 the consulate officer told my mom to apply for a green card once I become a USC)
    So here are my questions:
    1) Can my wife file Affidavit of Support on behalf of me even though they are my parents? 2)Also, which form for the affidavit is appropriate? is it the I-864? and does she need to complete the I-864a?Or is it the I-134?
    3) We plan to file in Jan 2012. How much time would it take for them for this whole process for them to come to the US? (they live in Mumbai, India)
    4) Besides the 60K can we also show credit card limits, car valuation, our house, and most importantly my parents assets in Mumbai as they do have 2 properties in Mumbai of great value?
    5) I am applying for jobs everyday so hopefully I will have luck soon but at the same time if I do not have a job when they go for their interview at the consulate in Mumbai would that be grounds from rejection even though we meet the poverty guidelines?
    6) Can anyone please put a link to a step by step guide for consular processing?
    7) Do I need a lawyer to file all this paperwork?
    8)How much time does an I-130 take to be approved? We live in PA. And how much time gap is there between that approval and the request for the affidavit of support from the NVC?

    Any response/opinions from you guys is greatly appreciated. Thanks a lot guys.

    Ajay

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ajaygupta:
      Hello Friends, </div></BLOCKQUOTE>

      Hi

      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">So here are my questions:
      1) Can my wife file Affidavit of Support on behalf of me even though they are my parents? 2)Also, which form for the affidavit is appropriate? is it the I-864? and does she need to complete the I-864a?Or is it the I-134? </div></BLOCKQUOTE>

      Your wife can't file on behalf of you, however she can be a joint sponsor. You would use the standard I-864. She needs to be able to meet the 125% rule on her own.

      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">3) We plan to file in Jan 2012. How much time would it take for them for this whole process for them to come to the US? (they live in Mumbai, India) </div></BLOCKQUOTE>

      Generally, it's about 12 months, but there are a few caveats on that, such as how busy the consulate is and other extenuating circumstances.

      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">4) Besides the 60K can we also show credit card limits, car valuation, our house, and most importantly my parents assets in Mumbai as they do have 2 properties in Mumbai of great value? </div></BLOCKQUOTE>

      You can use assets to make up the I-864 levels, yes. Credit card limits would not count and car/property would only count if you own them outright.

      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">5) I am applying for jobs everyday so hopefully I will have luck soon but at the same time if I do not have a job when they go for their interview at the consulate in Mumbai would that be grounds from rejection even though we meet the poverty guidelines? </div></BLOCKQUOTE>

      Not with your wife as a co-sponsor. Good luck with the job hunting.

      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">6) Can anyone please put a link to a step by step guide for consular processing? </div></BLOCKQUOTE>

      There isn't one. Believe me, I looked for it. I can share my experience though, if you'd care to send me a private message.

      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">7) Do I need a lawyer to file all this paperwork? </div></BLOCKQUOTE>

      So long as you're capable of filling out all the paperwork on your own and there are no extenuating circumstances, then no, you don't.

      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">8)How much time does an I-130 take to be approved? We live in PA. And how much time gap is there between that approval and the request for the affidavit of support from the NVC? </div></BLOCKQUOTE>

      Usually around 3-4 months. Once approved and the case is sent to the NVC, the AoS fees take a couple of weeks to be generated, and another 2-6 weeks to receive instructions. Again, this assumes no extenuating circumstances or other complications and it also depends on how quickly you respond to each request.

      Hope this helps some
      **************************************
      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

      Comment


      • #4
        Ask an assistance to an expert. Ask an attorney about that so that the process will be faster. And also in this way, you will know what is the requirements needed and you will know what is the first thing to do about it.

        Britain

        Comment


        • #5
          If you do require assistance, please use a reputable immigration attorney, not a company like the one listed above. It is not a law firm and has multiple complaints listed against it.

          I really wish the moderator would do something about these spammers
          **************************************
          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

          Comment


          • #6
            Hello Aroha,
            First of all let me begin by saying thank you so much for responding to my posting. Well just have some follow up questions: 1) Do you know of any reasons why an immigrant visa would be denied to senior's( my dad is 70 and mom is 65).2)Also do you think we can show my parents assets in Mumbai in affidavit if support)or will they have to show all that in the US consulate in Mumbai? Once again thank you so much for the info. I really can't thank you guys enough. Thanks.

            Comment

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