Apply AOS for parents after they arrive US by travel visa

[susu 0]

I just became a US citizen through marriage after holding green card for 3 years. Now I am planning to apply for green card to my parents. My question is if my parents come to the US through a travel visa (B2), and after they arrive US, then I apply for AOS for them. In this way, they don't need to wait overseas - they can stay with me in US while waiting for their green cards. Is this possible or will they have problems?

[mr and mrs 187]

I just became a US citizen through marriage after holding green card for 3 years. Now I am planning to apply for green card to my parents. My question is if my parents come to the US through a travel visa (B2), and after they arrive US, then I apply for AOS for them. In this way, they don't need to wait overseas - they can stay with me in US while waiting for their green cards. Is this possible or will they have problems?

entering the US on a tourist visa with the intention of immigrating is considered fraud. fraud can be a HUGE problem.

[mr and mrs 187]

i dont know a lot about the process for bringing parents over. is it even possible to AOS from a B2 in this case?

[susu 0]

Thanks for your reply. I browsed the USCIS website. I didn't find anything said that I can't do this for them through a B2 visa. I definitely don't wanna do anything wrong but I also want to stay with my parents as soon as possible so I'm considering this way to shorten the wait period.

[pushbrk 13,112]

Thanks for your reply. I browsed the USCIS website. I didn't find anything said that I can't do this for them through a B2 visa. I definitely don't wanna do anything wrong but I also want to stay with my parents as soon as possible so I'm considering this way to shorten the wait period.

USCIS doesn't issue visas but they do prosecute visa fraud. File the I-130 and follow the correct immigrant visa path for your parents. It will allow them to immigrant without you and them both committing a crime.

[mamita27 0]

Hi susu you becom citizen after 3 years of holding Green card i know that after 5 years you CAN becom citizen So CAN u explain the process plz,? for your parent i préfère to file a normal pétition u gana have a pb with visa tourist and good luck

[pushbrk 13,112]

Hi susu you becom citizen after 3 years of holding Green card i know that after 5 years you CAN becom citizen So CAN u explain the process plz,?

When one gains LPR status through marriage to a US Citizen, it only takes three years, not five.

[Moomin 292]

Thanks for your reply. I browsed the USCIS website. I didn't find anything said that I can't do this for them through a B2 visa. I definitely don't wanna do anything wrong but I also want to stay with my parents as soon as possible so I'm considering this way to shorten the wait period.

On a non-immigrant visa? I'll be the bookworm here, and quote from USCIS under scenarios/cases that might need extra attention; "An alien who originally came to the U.S. with a nonimmigrant visa which would normally not be issued to an alien who did not have (or at least claim) significant ties in his or her home country, but who now shows no indication of such ties."

There are of course exceptions but when it's planned it becomes what was already stated in one of the very first replies.

Edited January 15, 2012 by moomin

[bigdog 376]

When one gains LPR status through marriage to a US Citizen, it only takes three years, not five.

That is mucho correct. We are waiting on three, easy after K1 and AOS.

[susu 0]

Thank everyone, I am much convinced to apply an immigrant visa for my parents at this point. My question is after I file the paperwork for them, during the time they are waiting overseas, can they still use their current valid tourist visa to come to visit us and leave the US before I-94 expires?

From other people's IR-5 application timeline, there are a lot of steps, is there anywhere I can find detailed info about how IR5 happen step by step?

Mamita27, I got my green card through marriage, so I only need to wait 3 years to file naturalization instead of 5 years.

[pushbrk 13,112]

Thank everyone, I am much convinced to apply an immigrant visa for my parents at this point. My question is after I file the paperwork for them, during the time they are waiting overseas, can they still use their current valid tourist visa to come to visit us and leave the US before I-94 expires?

From other people's IR-5 application timeline, there are a lot of steps, is there anywhere I can find detailed info about how IR5 happen step by step?

Mamita27, I got my green card through marriage, so I only need to wait 3 years to file naturalization instead of 5 years.

They should be able to continue to use their B2 visas during the process but there is never a guarantee of entry.

The steps are the same as for the IR1 visa. Just follow the IR1 guide but do paperwork required for a parent instead of for a spouse. The I-130 instructions will tell you which supporting documentation to include for a parent.

[I AM NOT THAT GUY 5,715]

i dont know a lot about the process for bringing parents over. is it even possible to AOS from a B2 in this case?

Only if they divorce and each marry somebody else.

[mr and mrs 187]

Only if they divorce and each marry somebody else.

aye carumba. thats no good!

[aleful 1,905]

Only if they divorce and each marry somebody else.

huh! what!

not true. parents don't have to divorce and marry other people. what does this have to do with USC child filing for parents?

petitions for parents are filed separatly. the process is the same as spouses of USC that entered under visitor visa. overstay is forgiven. the only problem is that the visa possibly could be denied due to intent to immigrate using a visitor visa.

[pushbrk 13,112]

huh! what!

not true. parents don't have to divorce and marry other people. what does this have to do with USC child filing for parents?

petitions for parents are filed separatly. the process is the same as spouses of USC that entered under visitor visa. overstay is forgiven. the only problem is that the visa possibly could be denied due to intent to immigrate using a visitor visa.

See bold above. If they divorce and marry US Citizens they get the privileges of ignoring intent, that spouses of US Citizens get. As parents of US Citizens, their intent upon entry matters more. I think the divorce and remarry comment was tongue in cheek but nevertheless accurate.