Filing I130 for my dad

[tb262 0]

Hi,

I am a US citizen (naturalized about 6 years ago) and I want to move my father to the US as he is almost 75 and my mother just passed away a few weeks back. He is currently visiting us on a tourist visa until early October. I intend to file a I130 for him and was wondering if I should file it while he is visiting in the US or wait until he goes back to Thailand (he lives in Bangkok as a resident but is Indian). Please advise as to what the best method is - the site says that we can apply while he is here but I have read in some forums that is not advisable?

[Penguin_ie 5,996]

You can file while he is here, but he will need to go back for his interview and medical- he probably has loose ends to tie up at home anyways.

[aaron2020 11,651]

You have two options.

Your father can file to adjust his status and remain in the US. As long as he did not have the intent to adjust when he entered, he should be fine.

Alternatively, he can return to Thailand and wait 6-12 months for an immigrant visa.

The big problem you have is health care cost for your father. It's unlikely that he will get a job at age 75 and he is not covered by Medicare. You may need to show he can afford private health insurance. Look into Obamacare in your state.

[tb262 0]

Thanks guys - @Aaron2020 - how does he establish that intent? Also, if he goes back to Thailand, while he is waiting to get his visa - can he still travel to the US on a visitor visa or he can't?

Also, we have looked into Healthcare options quite a bit - his old company is willing to give him international insurance for a few years as you are eligible for Medicare after 5 years on a GC.