Doing wrong process and need help-Visa Only (Lima Peru)

[Carito 0]

Hello, totally new and confused here so I hope someone can guide me. My wife is from Lima Peru and we met here. She came under visa program through her University and stayed after we met which was a little over 6 years ago.

Her parents and brother (who is also going to school still) sill live there in Lima Peru. Twice her mom and dad filed for a visa there at the embassy and went in for an interview. The 1st time they weren't prepared and didn't know what to expect and was denied becuase they were told they didnt demonstrate that had strong enough ties there and were at risk of staying in the US if the came and not going back (This was about 2.5 years ago). They went the 2nd time (about 1.5 years ago) This time they brought their mortage papers, bank statements, her brothers school stuff, etc etc. Everythign they thought of that would demonstrate they had strong ties both family and financially to return (and I wrote a letter) They were once again denied for about the same thing. Now both of these times my wife was still a perm resident and they havent tried since becuase of what USCIS told me in the next paragraph. She did get her US citizenship around Sept-Oct 2008.

After them going the 2nd time I spoke to someone on the phone at USCIS and was told they would need to go through the greencard process (NVC, DS3032, DS230 etc etc--get the interview, get the visa, come here and get the greencard) Now I am under the impression that this is wrong and they could loose all of that because the greencard is meant for someone that is living here and not permanently somewhere else amoung other things. <sigh----I feel like this is never going to end and I just wasted almost a grand.>

We are trying to start a family. My wife and I are going to try to have a baby around June of next year before she starts nursing school. The plan has been for her mom to be able to come the two semesters she is in school each year to take care of things, and the baby. Then in the summer she would go back. Her dad was just going to come whenever, like maybe once a year for a couple weeksto visit then return, because they have a rental house there and aging parents and he doesnt want to leave it or them for an extended period of time.

Can somone please help me understand what I can do, options I have, new path I can take???? They do not intend to stay here only to come and visit and take care of the child etc. So "really" they don't need a greencard. Just a visa. Is there ANYWAY I can assist this? It seems odd to me from all the stuff I have read, that I can pay almost a grand, file all the paperwork, file a peition of support etc, the get greencards and can come, but there may not be a way for me to do something similar and just file something like an I-130 and I-864 for them to get only a Visa????

Thank you,

Carito

[Otto 83]

There isn't very much, unfortunately, either of you (as US Citizens) can do to facilitate a Tourist/Visitor Visa. You could provide a letter of invitation and/or even [financial] support but neither guarantee visa approval - they would still need to qualify on their own merits.

http://lima.usembassy.gov/non-immigrant_visas.html

[aaron2020 11,651]

Hello, totally new and confused here so I hope someone can guide me. My wife is from Lima Peru and we met here. She came under visa program through her University and stayed after we met which was a little over 6 years ago.

Her parents and brother (who is also going to school still) sill live there in Lima Peru. Twice her mom and dad filed for a visa there at the embassy and went in for an interview. The 1st time they weren't prepared and didn't know what to expect and was denied becuase they were told they didnt demonstrate that had strong enough ties there and were at risk of staying in the US if the came and not going back (This was about 2.5 years ago). They went the 2nd time (about 1.5 years ago) This time they brought their mortage papers, bank statements, her brothers school stuff, etc etc. Everythign they thought of that would demonstrate they had strong ties both family and financially to return (and I wrote a letter) They were once again denied for about the same thing. Now both of these times my wife was still a perm resident and they havent tried since becuase of what USCIS told me in the next paragraph. She did get her US citizenship around Sept-Oct 2008.

After them going the 2nd time I spoke to someone on the phone at USCIS and was told they would need to go through the greencard process (NVC, DS3032, DS230 etc etc--get the interview, get the visa, come here and get the greencard) Now I am under the impression that this is wrong and they could loose all of that because the greencard is meant for someone that is living here and not permanently somewhere else amoung other things. <sigh----I feel like this is never going to end and I just wasted almost a grand.>

We are trying to start a family. My wife and I are going to try to have a baby around June of next year before she starts nursing school. The plan has been for her mom to be able to come the two semesters she is in school each year to take care of things, and the baby. Then in the summer she would go back. Her dad was just going to come whenever, like maybe once a year for a couple weeksto visit then return, because they have a rental house there and aging parents and he doesnt want to leave it or them for an extended period of time.

Can somone please help me understand what I can do, options I have, new path I can take???? They do not intend to stay here only to come and visit and take care of the child etc. So "really" they don't need a greencard. Just a visa. Is there ANYWAY I can assist this? It seems odd to me from all the stuff I have read, that I can pay almost a grand, file all the paperwork, file a peition of support etc, the get greencards and can come, but there may not be a way for me to do something similar and just file something like an I-130 and I-864 for them to get only a Visa????

Thank you,

Carito

The immigration system can be really stupid - parents of USC cannot qualify for visitor visa but can immigrate permanently to the US. There is nothing you can file for them so they can receive visitor visas. They must qualify on their own. All you can really do is send a letter of invite to them and perhaps offer them a place to stay, reasons why you want them to visit and if you will bear the cost of their visit. Also, do not tell the immigration folks that you plan to have visitors care for your baby. It's a stupid technicality that a visitor cannot work which includes babysitting their own grandchild because that potentially you would have hired an American resident for that task. Just have them say that they are visiting.

Permanent residency (I-130 --> I-864 & DS230) requires that the immigrant to live in the US for most of the year. If an LPR leaves the US for more than 6 months, the LPR is presumed to have abandoned his/her LPR status which results in the revocation of the green card. It would be highly unlikely for that person to get another green card. The LPR is also subject to all US laws (including filing US income tax returns on worldwide income) without the benefits of citizenship.

[Carito 0]

There isn't very much, unfortunately, either of you (as US Citizens) can do to facilitate a Tourist/Visitor Visa. You could provide a letter of invitation and/or even [financial] support but neither guarantee visa approval - they would still need to qualify on their own merits.

http://lima.usembassy.gov/non-immigrant_visas.html

Thanks for the reply. Since I have already almost completed the greencard process for them and paid all the fees, why would continuing persuing this be an issue? As long as they come at least once a year to visit, wouldn't that satisfy the clause that they not remain out of the country for more than one year?? I'm sure her mom would also like to work a little also though so she doesnt feel totally dependant on both of us for everything. So I'm not sure how that would work either.

Would they be any more inclined to give them a visa since my wife is now a US citizen or would that not even make a difference?

Any suggestions on what they could do or bring- documentation wise, to show they have every reason to return and not stay here?

If they go back and try to get a visa and her mom wanted to also work part time somewhere shile here, what visa's are they looking at? Still only tourist or another one also?

Thanks!

Carito

[Otto 83]

Thanks for the reply. Since I have already almost completed the greencard process for them and paid all the fees, why would continuing persuing this be an issue? As long as they come at least once a year to visit, wouldn't that satisfy the clause that they not remain out of the country for more than one year?? I'm sure her mom would also like to work a little also though so she doesnt feel totally dependant on both of us for everything. So I'm not sure how that would work either.

Would they be any more inclined to give them a visa since my wife is now a US citizen or would that not even make a difference?

Any suggestions on what they could do or bring- documentation wise, to show they have every reason to return and not stay here?

If they go back and try to get a visa and her mom wanted to also work part time somewhere shile here, what visa's are they looking at? Still only tourist or another one also?

Thanks!

Carito

OK, so what exact stage of this process are they currently in? Because in one paragraph you are saying you're nearly completed the Green Card process (which, by the way would mean they are currently in the US), and in another you're asking about a visa.

[Carito 0]

Thanks for the reply. Since I have already almost completed the greencard process for them and paid all the fees, why would continuing persuing this be an issue? As long as they come at least once a year to visit, wouldn't that satisfy the clause that they not remain out of the country for more than one year?? I'm sure her mom would also like to work a little also though so she doesnt feel totally dependant on both of us for everything. So I'm not sure how that would work either.

Would they be any more inclined to give them a visa since my wife is now a US citizen or would that not even make a difference?

Any suggestions on what they could do or bring- documentation wise, to show they have every reason to return and not stay here?

If they go back and try to get a visa and her mom wanted to also work part time somewhere shile here, what visa's are they looking at? Still only tourist or another one also?

Thanks!

Carito

OK, so what exact stage of this process are they currently in? Because in one paragraph you are saying you're nearly completed the Green Card process (which, by the way would mean they are currently in the US), and in another you're asking about a visa.

Sorry for the confusion. Prob getting ahead of myself. I have already paid all the fees and submitted all the forms to the NVC. Just mailed the DS230. Waiting on their letter for an interview now where hopefully they would get a visa etc etc.

[aaron2020 11,651]

There isn't very much, unfortunately, either of you (as US Citizens) can do to facilitate a Tourist/Visitor Visa. You could provide a letter of invitation and/or even [financial] support but neither guarantee visa approval - they would still need to qualify on their own merits.

http://lima.usembassy.gov/non-immigrant_visas.html

Thanks for the reply. Since I have already almost completed the greencard process for them and paid all the fees, why would continuing persuing this be an issue? As long as they come at least once a year to visit, wouldn't that satisfy the clause that they not remain out of the country for more than one year?? I'm sure her mom would also like to work a little also though so she doesnt feel totally dependant on both of us for everything. So I'm not sure how that would work either.

Would they be any more inclined to give them a visa since my wife is now a US citizen or would that not even make a difference?

Any suggestions on what they could do or bring- documentation wise, to show they have every reason to return and not stay here?

If they go back and try to get a visa and her mom wanted to also work part time somewhere shile here, what visa's are they looking at? Still only tourist or another one also?

Thanks!

Carito

Being in the greencard process may actually hurt a person's chances of getting a visitor visa because it will look like an attempt to immigrate early without the benefit of an immigration visa. There is nothing you can really do to help your in-laws with visitor visas. A person with a visitor visa cannot work legally in the US.

If your in-laws cannot get visitor visas, the green card option is really your only option if you want them to be in the US. However, ignorance (not knowing) can be a big problem when it comes to abandoning LPR status. Inadvertent abandonment is quite common. Google "abandonment of permanent residence."

http://www.cundyandmartin.com/immigration/...abandonment.php

http://www.lawfirms.com/resources/immigrat...dent-status.htm

[Carito 0]

Being in the greencard process may actually hurt a person's chances of getting a visitor visa because it will look like an attempt to immigrate early without the benefit of an immigration visa. There is nothing you can really do to help your in-laws with visitor visas. A person with a visitor visa cannot work legally in the US.

If your in-laws cannot get visitor visas, the green card option is really your only option if you want them to be in the US. However, ignorance (not knowing) can be a big problem when it comes to abandoning LPR status. Inadvertent abandonment is quite common. Google "abandonment of permanent residence."

http://www.cundyandmartin.com/immigration/...abandonment.php

http://www.lawfirms.com/resources/immigrat...dent-status.htm

Thanks. What a mess this is. What the heck do we do?? They could fill out the DS156 and try that "again" but might be screwed since we arleady started the greencard process, or we could continue this way and still might be in a bad situation. I might add, the last time they went for a visa, it lasted about 30 seconds and they were told no. What if they file a reentry permit before they go home? Would that be a good safeguard? Citizenship really isnt an option because only one could stay long enough to meet the 5 year rule and then we dont know how that would effect them there and his retirement etc from the Peruvian Govt. Her dad isnt really interested in working here while here, so I think that not having the US tax returns filed would be an issue also.

What in the world do we do now???

[Picaraz 0]

Carito, I came up with some ideas!

When your in-laws are at the embassy interviewing for their IR5 visa, and once the officer tells them that they're approved, couldn't they ask if they can exchange their IR5 visas for visitor's visas???

Or...

After they get their IR5 visas, your in laws can go to the embassy and apply for their visitor's visas.

They could just say something like: "Look lady, we have our immigrant visas already, but we do not want to immigrate to the U.S. We would love to visit though." Then, the interviewing officer can see that there is no immigration intent!!!

Or...

They could come to the U.S and then go back to Peru... and come and go back and so on and do it within the immigration guidelines so they don't lose their green cards. Go to the spanish immigration websites like univision, there's quite a few people that do that.

Or...

This one is from personal experience: My uncle applied for a visitor's visa in Peru and was denied. A year later he got his green card. He came to the U.S, stayed less than a year and went back to Peru where he lives now. He didn't have any immigrant intent so he voluntarily abandoned his U.S residency. But, the big But, he regrets doing this only because he misses his grandchildren.

Or...

Couldn't you three just go and visit your in laws in Peru once in a while? There are baby sitters here too for when your wife has the baby...

Well whatever you guys decide to do, I hope it all turns out fine. Good luck!!!!

[Carito 0]

Carito, I came up with some ideas!

They could come to the U.S and then go back to Peru... and come and go back and so on and do it within the immigration guidelines so they don't lose their green cards. Go to the spanish immigration websites like univision, there's quite a few people that do that.

Couldn't you three just go and visit your in laws in Peru once in a while? There are baby sitters here too for when your wife has the baby...

Well whatever you guys decide to do, I hope it all turns out fine. Good luck!!!!

Thanks for the suggestions Picaraz. Do you have a direct link to somewhere on Univision where I can read about some of this. I went to the site but its the main portal page and I dont know where to go from there.

As for the baby. Yeah we could do that. But one of the main reasons for her mom coming was because she will be in Nursing school so she was going to come and stay to help out.

[Picaraz 0]

Hi Carito,

I'm sorry I don't have a direct link but if you type on Google "Futuros Ciudadanos Univision," you should get a link to that forum.

Last year, when I was applying for my citizenship, I participated in that forum and that's where I saw a lot of posts about people traveling back and forth with their permanent resident cards (specially to Mexico). They all wanted to know if they were eligible for citizenship even though they had traveled quite frequently outside the U.S. They even gave dates, how long they were outside, how many times they traveled, etc.

So my assumption is that if those people traveled that often using their green cards and are now wanting to apply for citizenship, that means they still have their green cards, right?

I guess the best thing is to post the question in that forum and ask people to respond based on their personal experience.

Good luck

Carito, I came up with some ideas!

They could come to the U.S and then go back to Peru... and come and go back and so on and do it within the immigration guidelines so they don't lose their green cards. Go to the spanish immigration websites like univision, there's quite a few people that do that.

Couldn't you three just go and visit your in laws in Peru once in a while? There are baby sitters here too for when your wife has the baby...

Well whatever you guys decide to do, I hope it all turns out fine. Good luck!!!!

Thanks for the suggestions Picaraz. Do you have a direct link to somewhere on Univision where I can read about some of this. I went to the site but its the main portal page and I dont know where to go from there.

As for the baby. Yeah we could do that. But one of the main reasons for her mom coming was because she will be in Nursing school so she was going to come and stay to help out.