Can my mother come to live in the US while the visa petition is pending?

[petgoodman 0]

Hi,

I am a U.S. citizen and filed an I-130 for my mother who is right now in her home country Germany. The I-130 is pending. She is planning to visit in December via the Visa Waiver program and would like to permanently come in April (probably again via the Visa Waiver program). Can my mother come to the U.S. to live while the visa petition is pending?

[Alex & Stela 6]

Whether or not she'll be allowed in is up to the immigration officer she meets.

She'll need to prove that she has strong enough ties to Germany to need to go back, ever during the I-130 process.

So, basically, yes, she can come to "live", but only if you can convince the IO that "live" means visit.

Once you finish the I-130 process, then she comes to live.

[Harpa Timsah 13,258]

No.

[Darnell 8,479]

to live? as a legal resident ? no, not legally.

to visit? sure !

[canadian_wife 1,829]

No, she may not live in the US while her immigrant petition is pending. She must leave after her authorized stay is complete

good luck

[petgoodman 0]

Thank you very much. Would I be able to file for a change of status if she is here on the visa waiver program?

[Harpa Timsah 13,258]

Thank you very much. Would I be able to file for a change of status if she is here on the visa waiver program?

No, it is illegal to enter the US as a non-immigrant with the intention to immigrate.

[Mark88 184]

Thank you very much. Would I be able to file for a change of status if she is here on the visa waiver program?

You could file an Adjustment of Status. BUT you will have to proofe that she had no intentention on immigrating. Since you already filed an I-130, this wouldn't support your case at all. The process could take years and end with deportation. I would definately suggest to wait until the I-130 processed.

[petgoodman 0]

Thank you for all your help.

[Steve&Beate 4]

I agree with all of the above. I too am waiting for my wife to immigrate from Germany. I emailed the Frankfurt embassy and USCIS folks there. They wrote back after a few weeks stating that if my wife visits me in the US while waiting for the I-130 approval, then she should bring enough proof that she is not trying to fraudulently enter the country to stay. That proof being things like present German bank account lists, rental/mortage info, letter from her present boss, and of course a return ticket. Do NOT let her stay over the 90 day limit of the Visa Waiver Program!!!! this could ban her from the US for several years. All said and done above; the final disposition of her entering the US depends on the official at the border. If he/she feels like it, they may deny entry to my wife for the visit; causing her to turn around at the border.

Good Luck! Incidently there was an April filer appoved earlier today! There is hope!!!