Immigration Site

My parents shall be visiting me in the US (Los Angeles). We are thinking of filing for their GC while there are here. My wife and I are USC’s.

-- Can someone provide an entire comprehensive checklist of documents submitted which will guarantee no RFE’s?

-- Can my parents file when in the US?

-- If they file in the US, so they can do all their biometrics in the US, correct?

-- What if there is an RFE issued and we cant provide the evidence in time?

-- Based on processing times, can their stay be extended beyond six months?

-- My parents were born in Indian homes in the 1940’s. What kind of documents can be provided in lieu of birth certificate?

-- There was no official marriage certificate in the 1970’s when my parents got married. What documents can be provided in lieu of a marriage certificate?

-- What documents need to be submitted by me about me?

-- Is it beneficial to file in India or in the US?

-- Do I need to have my US passport in order to file for my parents GC?

-- How much does the entire forms cost?

-- Can I file for them on the day they arrive in the US? or can I submit even before they land?

-- Any other things I should prepare for? or have them prepare for?

The plan you have described involves fraud and is not recomended.. If they enter on B-2 tourist visas they must prove that they do not have an immigrant intent. This would require them to LIE and that is FRAUD. As parents of a USC they are immediate relatives and as such, an immigrant visa is legally "immediately available". If you would like to spend time with them in the U.S. prior to their immigarting, have them come over BEFORE filing an I-130 for EACH of them. Once they arrive, file the I-130s and indicate Consular Processing. They will likely be admitted for a standard 6 months as visitors. The Consular Processing will likely begin by or before the time that their I-94s would be expiring. They can proceed home and obtain immigrant visas in a perfectly legal manner and wind up personal affairs for the permanent move and be back soon.

To encourage them to come here as "tourists" with a preconceived immigrant intent is dangerous business. They may be allowed to file for adjustment and end up being denied as having been "intending immigrants without immigrant visas" INA 212(a)(7)(A)(i). AND possibly for fraud and misrepresentation in connection with the B-2 admission. Then they would be required to go abroad for Consular Processing anyway. It is a a waste of time and money. This is not a risk I would want to take OR a position I would place my parents in.

The least expensive option is to simply file I-130-s now and let them Consular Process from the very beginning.

FROM U.S. State Department regarding Indian documents.

Marriage Certificates
Available. The Hindu and Muslim communities do not usually register marriages, however, marriages by Hindus, Buddhists, Jains or Sikhs may be voluntarily registered under the Hindu Marriage Act of l955. This Act does not apply to Muslims, Parsis, Jews or Christians, who may register their marriages under the Special Marriage Act of l954, or the Christian Marriage Act. Marriage certificates for marriages registered under these Acts may be obtained from the offices of Government Registrar of Marriages, which are located in the headquarters of each district. The certificate will be issued by the Registrar only if the bride and groom personally appear before the official and pay the required fee.

A certificate of marriage between Muslims is usually issued by the priest who performed the ceremony. The document is in the Urdu language, and a certified translation is required. Marriages between Christians are usually obtainable from Church records. If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.

Note: A document termed as "Marriage Agreement" or "Deed of Marriage" to live as man and wife (under the Registration Act of l908) is not confirmation of a marriage solemnized legally under the Indian Marriage Acts now in force. Such a document does not confer upon the contracting parties’ legal marital status under the law.

Birth Certificates
Available. Prior to l970, the reporting of births was voluntary. Birth certificates of Europeans, Anglo-Indians, Armenian Christians, Jews and Parsis born prior to l970 may be obtained from the State Registrar General of Births, Deaths, and Marriages. No standard or uniform certificate is issued by the authorities. In addition, acceptable certificates may often be obtained from the municipal and rural registration records, which are maintained under the state laws. Europeans, Anglo-Indians, and Indian Christians are usually able to obtain church baptismal certificates.

Under the Registration of Births and Deaths Act of l969, births are required to be registered in almost all of the States and Union Territories of India. Birth certificates are available to any applicant born on or after April l, l970, upon payment of a nominal fee to the appropriate authority.

In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicants birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.

My parents shall be visiting me in the US (Los Angeles). We are thinking of filing for their GC while there are here. My wife and I are USC’s.

-- Can someone provide an entire comprehensive checklist of documents submitted which will guarantee no RFE’s?Look at this link : http://forums.immigration.com/showth...rmation-Source

-- Can my parents file when in the US?Yes

-- If they file in the US, so they can do all their biometrics in the US, correct?Yes

-- What if there is an RFE issued and we cant provide the evidence in time?Application will be denied

-- Based on processing times, can their stay be extended beyond six months?Once I-485 is filed and acknowledged, their status remains valid for as long as I-485 is in process.

-- My parents were born in Indian homes in the 1940’s. What kind of documents can be provided in lieu of birth certificate?A letter of Non availability from the local village authority (panchayat) that their birth was not registered is required. Also required are affidavits of birth from close relatives who were aware of their birth.

-- There was no official marriage certificate in the 1970’s when my parents got married. What documents can be provided in lieu of a marriage certificate?See previous item.

-- What documents need to be submitted by me about me?YOur birth certificate with both parents names on it or a letter of non availability + 2 affidavits from elders (not from your parents).

-- Is it beneficial to file in India or in the US?Either way is OK and legal

-- Do I need to have my US passport in order to file for my parents GC?No, your certificate of naturalization is suffficient.

-- How much does the entire forms cost?For each applicant USCIS fees of $420 +$985 + $85 + cost of medical examination in the US (around $150-$300 per person)

-- Can I file for them on the day they arrive in the US? or can I submit even before they land?To avoid the appearance of immigrant intent, file 3 months after they arrive.

-- Any other things I should prepare for? or have them prepare for?
Question is too general to answer

Since they already have immigrant intent, please follow the consular processing route.

-- Can I file for them on the day they arrive in the US? or can I submit even before they land?