Citizen Sponsoring Mother who has already a tourist visa

[J-Cue 0]

Hello VJ Friends,

My parents has already a tourist visa, coming in and out in the country for more than 10 years now. I have been scheduled for my oath taking for citizenship on Jan 29, 2013. My parents are coming here (USA) on Feb 24.2013. Assuming I will be officailly an american citizen by then I want to sponsor only my mom, since my Dad don't wanna retire yet from his job , he decided to stay as tourist for now.

I need some guidance on how to file petition for my mom. I am married (both working) and I have enough income to sponsor my own family and her.

I know there are three forms i need I-130, I-485 and I-864. Do I need to fill all of them out, even my mom is alrady here? If so, Do I have to send them all at the same time?

I have ready the instruction from USCIS website. but I wanna hear your toughts and advise.

Thank you!

[Gosia & Tito 199]

Hello VJ Friends,

My parents has already a tourist visa, coming in and out in the country for more than 10 years now. I have been scheduled for my oath taking for citizenship on Jan 29, 2013. My parents are coming here (USA) on Feb 24.2013. Assuming I will be officailly an american citizen by then I want to sponsor only my mom, since my Dad don't wanna retire yet from his job , he decided to stay as tourist for now.

I need some guidance on how to file petition for my mom. I am married (both working) and I have enough income to sponsor my own family and her.

I know there are three forms i need I-130, I-485 and I-864. Do I need to fill all of them out, even my mom is alrady here? If so, Do I have to send them all at the same time?

I have ready the instruction from USCIS website. but I wanna hear your toughts and advise.

Thank you!

You might want to consider that a resident (LPR) has some residency requirements, meaning, establish residency and actually live in the US. Being out of the US for an extended period or multiple medium periods could trigger loosing the GC.

SO unless mom has made up her mind to be on her own here for a while, while dad stays in the home country for a while, I'd say to wait until they both are ready.

Just my 2 cents.

[J-Cue 0]

You might want to consider that a resident (LPR) has some residency requirements, meaning, establish residency and actually live in the US. Being out of the US for an extended period or multiple medium periods could trigger loosing the GC.

SO unless mom has made up her mind to be on her own here for a while, while dad stays in the home country for a while, I'd say to wait until they both are ready.

Just my 2 cents.

Thank you. Yes, Mom decided to stay and work here in US for good. My Dad will decide to retire maybe a year later and move here with her for good as well.

[Gosia & Tito 199]

Thank you. Yes, Mom decided to stay and work here in US for good. My Dad will decide to retire maybe a year later and move here with her for good as well.

Sounds like a plan.

IN that case, you might want to have your dad renew his visa before your petition for your mother. Of course, this depends on when his current visa expires.

This is the scenario you want to avoid: mom is petitioned and eventually granted LPR, in the meantime, dad remains in home country. At some point, he might want to travel to visit for a short one and needs new visa, but then consulate presumes he's going to stay, so denies visa. Yes, you can easily petition but that is not how the consulate operates. At that point, all the family is here and thre is "no reason" for him to go back.

Secondary, there is always the possibility that a 'bad hair day' officer at a POE decides that having all the family here, there is a high risk to let him enter the country, even with a visa that is due to expire after a while.

Just worst case scenarios, might not happen at all. You always need to remember that consulates and officers at POE have the power to make decisions (and not saying rational or fair) that can make your lives difficult for some time.

[J-Cue 0]

Sounds like a plan.

IN that case, you might want to have your dad renew his visa before your petition for your mother. Of course, this depends on when his current visa expires.

This is the scenario you want to avoid: mom is petitioned and eventually granted LPR, in the meantime, dad remains in home country. At some point, he might want to travel to visit for a short one and needs new visa, but then consulate presumes he's going to stay, so denies visa. Yes, you can easily petition but that is not how the consulate operates. At that point, all the family is here and thre is "no reason" for him to go back.

Secondary, there is always the possibility that a 'bad hair day' officer at a POE decides that having all the family here, there is a high risk to let him enter the country, even with a visa that is due to expire after a while.

Just worst case scenarios, might not happen at all. You always need to remember that consulates and officers at POE have the power to make decisions (and not saying rational or fair) that can make your lives difficult for some time.

Good point. Thank you. Sorry that I fail to mention. Parents visa just recently renewed not expiring until 2022 with multiple entries.

[milimelo 4,479]

Hello VJ Friends,

My parents has already a tourist visa, coming in and out in the country for more than 10 years now. I have been scheduled for my oath taking for citizenship on Jan 29, 2013. My parents are coming here (USA) on Feb 24.2013. Assuming I will be officailly an american citizen by then I want to sponsor only my mom, since my Dad don't wanna retire yet from his job , he decided to stay as tourist for now.

I need some guidance on how to file petition for my mom. I am married (both working) and I have enough income to sponsor my own family and her.

I know there are three forms i need I-130, I-485 and I-864. Do I need to fill all of them out, even my mom is alrady here? If so, Do I have to send them all at the same time?

I have ready the instruction from USCIS website. but I wanna hear your toughts and advise.

Thank you!

What you are trying to do is immigration fraud - using visitor visa for AOS. With premeditation as mother is not even in the country and you're not even a citizen yet.

Advice as you asked for it - get your citizenship first, then do the normal I-130 filing for the parent.

Edited January 4, 2013 by milimelo

[J-Cue 0]

What you are trying to do is immigration fraud - using visitor visa for AOS. With premeditation as mother is not even in the country and you're not even a citizen yet.

Advice as you asked for it - get your citizenship first, then do the normal I-130 filing for the parent.

Ouch and Thanks. advice well taken. What I am doing right now is called. "Planning" I am doing what you are saying. "get your citizenship first, then do the normal I-130 filing for the parent."

So what you are saying I cannot sponsor my mom while she is on US? She has to stay in her country and wait for my petition? I have a few friends and family who sponsor their parents while they are in US (and some of them are out of status)

But I will take note of your advice. this what I am here for.

Anyone else who has an input to this?

Thanks

[milimelo 4,479]

Ouch and Thanks. advice well taken. What I am doing right now is called. "Planning" I am doing what you are saying. "get your citizenship first, then do the normal I-130 filing for the parent."

So what you are saying I cannot sponsor my mom while she is on US? She has to stay in her country and wait for my petition? I have a few friends and family who sponsor their parents while they are in US (and some of them are out of status)

But I will take note of your advice. this what I am here for.

Anyone else who has an input to this?

Thanks

Mom can stay in the US for duration of her I-94 (subject to IO decision at POE) - she can definitely come to visit even while I-130 petition is processing.

[J-Cue 0]

Mom can stay in the US for duration of her I-94 (subject to IO decision at POE) - she can definitely come to visit even while I-130 petition is processing.

Thanks, she has no plans of overstaying and become out of status. if she able to travel whiel under petition that is even better. I need to know what are my options are. Thanks again!

[NigeriaorBust 4,087]

To enter the US with a visitors visa or on VWP with the notion you aren't going to leave because X is going to make you an LPR is immigration fraud. It could lead to a lifetime ban. It doesn't usually. Many people think this is the way to go, which seems logical until you are the unlucky one to get banned.

The correct process per immigration law is to file the I130. Your mom can come and go while it processes, and when it is time she interviews in her country and gets a visa. The early your mom gets her visa the harder it will be for your father to prove ties so the "proper" process may actually help you out.

[J-Cue 0]

To enter the US with a visitors visa or on VWP with the notion you aren't going to leave because X is going to make you an LPR is immigration fraud. It could lead to a lifetime ban. It doesn't usually. Many people think this is the way to go, which seems logical until you are the unlucky one to get banned.

The correct process per immigration law is to file the I130. Your mom can come and go while it processes, and when it is time she interviews in her country and gets a visa. The early your mom gets her visa the harder it will be for your father to prove ties so the "proper" process may actually help you out.

My sister is getting married on March and I have a year old baby girl That is her main reason of visit. she visit us in US every other year for past 15 years now. My grand ma her mom, which is already 90 years old is also one of the reason she comes and visit.

This is her main intention of visiting. Everything else is just a speculation with different scenarios which I want to know.

Thank you.

[ca_babe 129]

It's best to not apply for I-130 and I-485 concurrently. As what other posters have mentioned, most people get approvals through this route but from time to time, people do get a ban for using the tourist visa with intent to adjust status. It's up to you whether you want to take that risk or not.

[J-Cue 0]

It's best to not apply for I-130 and I-485 concurrently. As what other posters have mentioned, most people get approvals through this route but from time to time, people do get a ban for using the tourist visa with intent to adjust status. It's up to you whether you want to take that risk or not.

Thanks. To make it simplier. let's put it this way.... she is coming to US to visit. (that's her main purpose) she will have a return date ticket and etc. No intent to stay. But I will talk to her few months later , see if she changed her mind of AOS. ? worst case I'll contact my lawyer. Thanks.

[Kathryn41 3,205]

It can be a thin line between applying legally and committing immigration fraud by applying with fraudulent intent. The option of applying for PR status from within the US is for those individuals who truly did not plan or even consider staying in the US when they arrived but their circumstances have changed - they met someone special and got married, a family member's health has deteriorated and they want to remain close by, etc. It is not really for those who enter on a Visitor's visa to 'try it out for size' and see if they would like to stay after being here a few months. There is a completely legal process open to you and your parents - sponsoring them (your mother now, your father later) for an I-130 petition. There is no 'waiting line' for parents of US citizens (there is for PRs) so the process of interviewing overseas and arriving in the US with a green card in hand is pretty straight forward for your mother. She can continue to visit while waiting for the processing, and when she is approved, can enter the US permanently. If she applies from within the US, there may well be concern about her intent upon entry, although that may not be your biggest concern. Your biggest concern is that once she applies for AOS she is stuck here in the US. She cannot leave until she gets her green card or advanced parole. If something happened to your father overseas she would not be able to travel immediately to look after him. If she has business or family concerns outside of the US, she would not be able to take care of them - until she had her green card. At the very least this would be a few months. It is possible that it could stretch out as long as 2 years.

So, with the borderline legal/illegal circumstances of her applying from within the US versus the legal circumstances of applying for her from outside of the US, you may wish to weigh the possibilities very carefully.

[J-Cue 0]

Thank you. Good point there! I will just tell my mom to back home after visit.

Edited January 10, 2013 by J-Cue