Tourist Visa to I-130 and I-485

[LongRX7 6]

I have a question....I have a friend who is a USC and her dad just arrived here from Vietnam to visit. Her mom was planning to come over to the U.S. to visit a month later, because she is about to have a baby and they would help her out watching the baby. HOWEVER, her mom's visa was denied in Vietnam. Both parents have traveled back and forth between VN and the States often. Is it possible to apply for a green card while her dad is here visiting? It seems like Viet government might not allow them free travel to visit their kids. Her parents are actually "well off" in VN. They just worry about being prevented from visiting their kids and grandkids in the US. Thanks.

Edited September 23, 2013 by LongRX7

[Harpa Timsah 13,258]

Yes, but is the dad prepared to be separated from his wife and be stuck in the US for a while? Why not just petition them both through normal channels? It's cheaper too.

The VT consulate figured that the parents would use the tourist visa to illegally move to the US, and it turns out they were right.

Edited September 23, 2013 by Harpa Timsah

[aaron2020 11,651]

The Vietnamese government has nothing to do with a US visitor visa. Denial or approval is at the sole discretion of the US consulate.

The US denied mom's visitor visa because she could not overcome the presumption of illegal immigration.

You will prove the US consulate was right by applying for a green card for dad after he entered on his US visitor visa.

If you apply for dad, he will not be able to travel internationally without abandoning the process. If he leaves and abandons the process, his visitor visa will be revoked.

Furthermore, green card holders are taxed on their worldwide income. As green card holders, your inlaws' income and assets are subject to US taxes.

A green card is not a substitute for a visitor visa. Green card holders are required to live in the US. Are your inlaws prepared to live in the US and spend the majority of their time here?

Edited September 23, 2013 by aaron2020

[LongRX7 6]

@Harpa... No the parents would rather live in VN and be able to visit the kids in the US "freely". As I stated they do have the financial means to travel back and forth whenever they want and they have it done it frequently. I was actually surprised how well off they were, they even offered to pay off her house in the US for her. So if her parents and her had a choice, her parents would rather live in VN and just come and visit whenever. Why is it cheaper to do it through normal channels? Doesn't an I-130 and I-485 need to be filed and paid for? I'm "assuming when you say "normal" channels, you mean an I-130 first and then an I-485 later instead of concurrently. I'm just her checking options and passing it on to them. Since I did my own paperwork for my wife recently. That's why they asked me.

@aaron...Not my in laws. My parents and family have been in the US legally since 1975, it's for a friend. I'm not sure how the approval and denial process works in VN. I just know they have been back and forth many times, but her mom was just recently denied, which worries the parents and the kids. She is about to have her second girl and would like her parent's here to spend some time with the newborn.

[aaron2020 11,651]

Sorry about getting the relationship wrong.

Since your friend's parents just want to visit, then the visitor visas are their only choice.

Did mom ever overstay her visitor visa?

As green card holders, her parents will need to live in the US to maintain their green card status. Furthermore, their income and assets in Vietnam will be taxed by the US.

The Vietnamese government has nothing to do with a US visitor visa. The US government has complete control over granting or denying visitor visas.

Edited September 24, 2013 by aaron2020