Does Petitioning for a Parent of a New USC Trump B2 Visa?

[NBF 1]

My wife is about ready to become a USC and in the past we've tried several times for her mother to visit us in the US, but the Consulate always uses the "No strong ties" card. You and others that have been through this know it's BS in some cases, but we move forward. My question is, now that my wife will be a USC, will there be problems petitioning for her mother who is married but has no medical, criminal, etc., background? Will we be finally able to have her visit here without the *#%!!! Consulate using such BS reasons as to not allow her into the US?

[Harpa Timsah 13,258]

Petition her? For a Greencard? Sure, but a GC is not for visiting in the US, but for living. So, she can't use a GC to visit.

Edited March 15, 2013 by Harpa Timsah

[Ning 619]

My wife is about ready to become a USC and in the past we've tried several times for her mother to visit us in the US, but the Consulate always uses the "No strong ties" card. You and others that have been through this know it's BS in some cases, but we move forward. My question is, now that my wife will be a USC, will there be problems petitioning for her mother who is married but has no medical, criminal, etc., background? Will we be finally able to have her visit here without the *#%!!! Consulate using such BS reasons as to not allow her into the US?

The legal status of yourself or your wife has nothing to do with her mothers tourist visa application. She applies on her own merits. Your wife doesnt petition for her she applies herself following the embassies format.

The person applying must prove beyond a doubt that she MUST return. That is done by indicating her strong ties to her country. She might begin by studying the origins of the laws you deem B S. Those are what governs her ability to enter the US not some B S ideas imposed by the embassy.

I myself was denied 3 times for a tourist visa so have some experiance with this.

[apple21 953]

My wife is about ready to become a USC and in the past we've tried several times for her mother to visit us in the US, but the Consulate always uses the "No strong ties" card. You and others that have been through this know it's BS in some cases, but we move forward. My question is, now that my wife will be a USC, will there be problems petitioning for her mother who is married but has no medical, criminal, etc., background? Will we be finally able to have her visit here without the *#%!!! Consulate using such BS reasons as to not allow her into the US?

If she petitions (files i-130) for her mother, make sure that mother wants to live permanently in the US. If mom gets a green card, it is for living in the US. As a green card holder she should maintain residency and ties to the US. She can visit her home country but she cannot stay outside the US for more than 12 months, otherwise, she will lose her green card and her LPR status.

The Consulate uses the "no strong ties" card to everyone who is applying for a B2 visa, not just to your mother-in-law. It sucks but they have to do it to avoid "tourist overstays" as there are already thousands (or more) of illegal aliens in the US.

[Boiler 45,516]

She is going to leave her Husband?

Check Medical Insurance costs!

[NBF 1]

Thank you for the differing views. Yes, the "no strong ties" card is overused for sure, but at times misused as one can be in their 50s or 60s, have 10 grandchildren, three or four children and siblings of their own, a retirement, house or two, and still be told they have no strong ties. Tell me this isn't BS. There's always that human factor that will cause rules to be misapplied. Guess its a draw of the cards (pun intended) too. You never know what you're going to get. This medium us a great source of information and I appreciate it. Sometimes it gets confusing though as U.S. spouses (male or female) post information on here themselves and then claim they're the newly immigrated person, when in most cases this is untrue and their foreign spouse aren't even aware of them posting on their behalf. Lol.

[Ning 619]

Petition her? For a Greencard? Sure, but a GC is not for visiting in the US, but for living. So, she can't use a GC to visit.

The OP complains about some people getting confused but I think the confusion begins with his post which must be why there was no responce to these important questions.

Could be the real problem is the Op is confused about who applies for what visa. His wife seemingly thinks she needs to petition for her mothers tourist visa to "visit". That type of confusion may have led him to make his wife believe she could assist her mother with a tourist visa.

[Boiler 45,516]

I assume he is talking about immigration due to the forum he posted in.

[ndu26 114]

OPs post appears to be clear enough. He seems to be asking what are their chances in petitioning mother-in-law( by his spouse) since three attempts at visitor's visa has not worked.

My mom too tried three times for the visit thing and was denied each time; I only wanted her to be able to visit. I was finally forced to petition for her.

The GC is meant for the beneficiary to live here permanently. I know my mom will be miserable staying here indefinitely even though she is a widow(besides I have younger siblings there who cannot visit) so the plan is to have her visit Nigeria from time to time until hopefully she naturalizes.

I think the maximum time an LPR can stay outside the US without formal approval is 6months unless something changed recently.

Edited March 18, 2013 by ndu26

[NBF 1]

Ndu26, thanks for reading my post and replying as others. How is your petition going for your mom? It's a shame you had to take so much time and effort to go this route, but I'm sure it will be worth it in the end. I'm surprised no one has accused you of skirting immigrations rules, but as a U.S. citizen it is now your right to petition for your mother, no matter what others may say here. I'm sure there are many, many others out there that have felt the same despair, feeling their loved ones have been slighted and wrongly denied entry into the U.S. While you and others have played by all the rules, law-abiding relatives continue to be denied while our country hands out benefits to illegals.

[Boiler 45,516]

How do you tell which relatives will be law abiding?

[NBF 1]

How do you tell which relatives will be law abiding?

Boiler, please tell me how a consular determines this if the person presenting themselves have no criminal record, have one or two homes, is a 60 year old grandmother with savings, with 10 grandchildren and a husband. We've had enough of the misuse of the term, "no strong ties".

Would love to hear from all others out there that may have had to go this route to get their parents here.

[Boiler 45,516]

Then why not use the VWP.

[NBF 1]

Boiler, just a junior member here, but I don't believe all countries have such an agreement with the U.S. since its a country-by-country program, correct?

[Noel194 53]

My cousin was in a similar situation with her longtime partner. He was from Israel and was denied a B2 visa several times. They were married in Israel and she petitioned for a Greencard for him. They got the Greencard and moved back to his house in Israel. He is not planning on filing any US tax return on his investment income around the world and they believe a greencard can be used like a "permanent tourist visa". I will be curious to see what happens.