Bringing parent to US without GC or I-130

[brazilhelp 3]

My wife is almost naturalized. We are trying to get my wife's mom to come to the US for a short visit, 1 month max. She has no intention on living here and plans on returning to Brazil.

She tried to get a visa when we got married but the embassy treated her really, really bad accusing her of wanting to live in the US etc... She never tried again being disgusted by the process. Her mom owns property in brazil and is retired.

Question is, Is there nothing between a parent applying for a tourist visa on their own, and for us petitioning the parent to live in the US?

What would happen if we petitioned the parent to live in the US, were approved, and then the parent would only come and visit the US instead of staying here?

Thanks in advance for your response. Thanks to all who participate on this site. It has been soooooo useful in getting the greencard for my wife, even though we never participated.

Edited June 27, 2012 by brazilhelp

[kzielu 1,149]

1. Nothing between B-2 and petition

2. You'd spend money on petition, your mother in law would get a green card and once back to Brazil for longer period of time - loose it. It's a way to do it, not quite cheap, fast and efficient though... But no other choice other than you going to Brazil...

[Ryan H 3,821]

Question is, Is there nothing between a parent applying for a tourist visa on their own, and for us petitioning the parent to live in the US?

No there is not. A parent either obtains a tourist visa or their US citizen child files a petition on their behalf.

What would happen if we petitioned the parent to live in the US, were approved, and then the parent would only come and visit the US instead of staying here?

That is possible, however, a green card is not meant to be a permanent visa, a green card holder must maintain residency in the US or the green card will be revoked.

Hypothetically, if your wife's mother wanted to surrender her green card and return home she could do so and that action in of itself would not adversely affect any future visa application.

Edited June 27, 2012 by Ryan H

[brazilhelp 3]

Thanks for your quick response. This is so absurd. They make things so difficult for no reason.

I am trying to find out if her mom has a copy of the application she filed for tourist visa. In the even that she did not keep or lost copy, can we request a copy from embassy so we can check for errors that might have prevented the visa in first place? Can we request written explanation for denial?

[Mike and Lily 13]

My in-laws applied for tourist visas twice and were turned down twice. Now that my wife's a USC, we're petitioning them. We got tired of applying to have them visit also.

[brazilhelp 3]

My in-laws applied for tourist visas twice and were turned down twice. Now that my wife's a USC, we're petitioning them. We got tired of applying to have them visit also.

So are they going to live here? or just visit. Is anyone else in this boat? (using greencard for simple travel to US?)

If you have a green card and were to simply travel to US, when you are at immigration, having just gotten off the plane, can the agent refuse you entry? (in the scenario that you may have traveled a few times already in the past on the greencard, but never lived in US.)

[randye80 24]

If you have a green card and were to simply travel to US, when you are at immigration, having just gotten off the plane, can the agent refuse you entry? (in the scenario that you may have traveled a few times already in the past on the greencard, but never lived in US.)

Yes, the agent can refuse entry to someone he believes to be abusing the system.

The only purpose of the green card is documentation of legal presence, travel and work authorization for US Permanent Residents. It is not a VISA EZ for non-residents.

[LIFE'SJOURNEY 970]

Facts,

1. Your mother would be required to spent aleast 6 to 7 months every year in the US.

2. Your mother would be required to file income tax on all income incuured regardless of where the income was earned.

3. your mother would be required to show evidence of residing in the US, i.e lease, banking, property.

4. Your mother would be required and subject to all US laws.

Are you willing to put your MIl thru this just to get a GC to visit for a month, every year or so. What a waste, when it is much easier your you and your wife just to visit.

[brazilhelp 3]

Yes, the agent can refuse entry to someone he believes to be abusing the system.

The only purpose of the green card is documentation of legal presence, travel and work authorization for US Permanent Residents. It is not a VISA EZ for non-residents.

so once a person applies for a tourist visa, and travels back and forth a few times, is it easier to get tourist visa renewed? or do you have to go through the same headache...

[LIFE'SJOURNEY 970]

so once a person applies for a tourist visa, and travels back and forth a few times, is it easier to get tourist visa renewed? or do you have to go through the same headache...

You will have to go thru the same process, a tourist visa renewal can be denied at any time, a tourist visa can be revoked at anytime durning the duration of a visa.

A GC can be revoked at anytime if it is believed that the GC is not being used for the purposed it was issued. I.e as a tourist visitor visa.

Edited June 27, 2012 by LIFE'SJOURNEY

[benuk 18]

so once a person applies for a tourist visa, and travels back and forth a few times, is it easier to get tourist visa renewed? or do you have to go through the same headache...

A tourist visa B1/B2 is valid for 10 years most of the times and once you are approved once you still will have to go thru the process but if you haven't abused of the visa it won't be so difficult to renew!

Edited June 27, 2012 by benuk

[LIFE'SJOURNEY 970]

A tourist visa B1/B2 are valid for 10 years most of the times and once you are approved once you still will have to go through the process but if you haven't abused of the visa it won't be so difficult to renew!

Please note a 10 year tourist visa can be cancelled at any point within the 10 year allocation, if it is suspected that the tourist visa has been abused.

[benuk 18]

Please note a 10 year tourist visa can be cancelled at any point within the 10 year allocation, if it is suspected that the tourist visa has been abused.

I'm very aware of that and I just mentioned on my post regarding abusing of the visa!Even a citizenship can be withdrawal if you come to abuse!

[Erica e Kevin 0]

If she lives close to the embassy, I think she should try to get the tourist visa again. You need to write a letter saying that you will pay for her expenses while she is visiting you and your wife and also you can try to contact the senator. Maybe he can write a letter, send it to the embassy in Brazil, requesting them to allow her to enter the US.

Good luck!

Edited June 27, 2012 by Erica e Kevin

[Harsh_77 718]

So are they going to live here? or just visit. Is anyone else in this boat? (using greencard for simple travel to US?)

If you have a green card and were to simply travel to US, when you are at immigration, having just gotten off the plane, can the agent refuse you entry? (in the scenario that you may have traveled a few times already in the past on the greencard, but never lived in US.)

My Aunt had live in US for over 7 yr but had lot of entry and exit, she was given hard time during one of her entry.

They eventually allowed her the entry, after that she surrendered her GC and applied for B ½ which was easy to get as CO was well convinced she is not going to live in US, if she wanted to live in US she had the GC which she gave up.

After that she had no issues travelling in and out of the country.

You can do same for your MIL but it would be an expensive route.

Simplest and easiest way would be apply again for tourist visa, lot of ppl get refused on first couple tries and then are able to get tourist visa.