Can my parent come to US with their tourist visa meanwhile their I-130 pending ?

[mvuong 0]

Hi everyone !

I need your help with couple questions regarding petition for my parents who currently live in Vietnam to become PR:

1. My parents both recently passed their B1 tourist visas in June 2011 and Sept 2011. my wedding will be in May 2012,, but I would like to start filling their I-130 from now( October 2011). so can they still come to US for my wedding in May 2012 mean while their i-130 petition will be pending at the time ? they will not be stay in here long though, only one month for my wedding then come back to Vietnam and waiting for their interview in Vietnam.
   
2. Do I have to file two seperate petitions for each of them or can I file them in one petition?
   
3. And usually, How long does it take for their petition approved estimatedly?
   

I am very appreciated for any comment and help from our forum ! God blessed everyone !

[Jojo92122 1,924]

Hi everyone !

I need your help with couple questions regarding petition for my parents who currently live in Vietnam to become PR:

1. My parents both recently passed their B1 tourist visas in June 2011 and Sept 2011. my wedding will be in May 2012,, but I would like to start filling their I-130 from now( October 2011). so can they still come to US for my wedding in May 2012 mean while their i-130 petition will be pending at the time ? they will not be stay in here long though, only one month for my wedding then come back to Vietnam and waiting for their interview in Vietnam. Maybe. Maybe not. There is no way to predict if your parents will be admitted. The IO at the POE could deny them entry if he/she feels they have the intent to immigrate. Others can tell you about their personal experience on this.
   
2. Do I have to file two seperate petitions for each of them or can I file them in one petition? Separate cases. Separate petitions. Everything is separate. You can send the two separate petitions in the same envelope. Include separate checks. At some point, one case could proceed faster than the other. At the US Consulate in HCM, they can request interviews for the same day.
   
3. And usually, How long does it take for their petition approved estimatedly? Approval of the I-130 in 5-6 months on average. Getting an immigration visa is approximately 6-12 months.
   

I am very appreciated for any comment and help from our forum ! God blessed everyone !

Edited September 30, 2011 by Jojo92122

[JimVaPhuong 4,863]

Tourist visa is B2. Business visitors get a B1.

When they enter the US the main thing the CBP officer will be concerned about is that they do not intend to stay and attempt to adjust status. They don't have to convince him that they're never going to immigrate to the US. They just have to convince him that they aren't going to become immigrants on this visit. If the CBP officer is suspicious then he'll ask questions and may ask for evidence of their ties to Vietnam - the same evidence they used to get the visa. If he's not convinced then he'll deny them entry. The risk of this happening to someone from Vietnam is higher than for someone from Canada or Europe. However, the fact that they got tourist visas at the consulate in Saigon speaks volumes.

If you really want them to attend your wedding, and you're concerned about them being denied entry, then you might consider holding off on filing the I-130's until after they return to Vietnam.

Parents of a US citizen are immediate relatives under immigration law. The immediate relative category doesn't allow for derivative visas. Each visa applicant needs a separate petition.

The petition should be approved within 6 months or so. After that, you complete the NVC processing (affidavit of support, IV fees, etc.), and then they'll be scheduled for an interview at the consulate. The whole thing should take less than a year.