Want to withdraw I-130 petition for my mom!

[Jasmeen 0]

I filed a petition for my parents last December , my fathers case status is at interview stage, my mother case status is at affidavit of support stage but we changed our mind and my mother no longer wants a green card. She rather wants to apply for a visit/tourist visa from Islamabad ,Pakistan. My question is do I need to withdraw her I-130 petition or it will get cancelled within a year if I don't contact NVC or USCIS ?And can she technically apply for a visit visa while her petition is still active ? Is she allowed to apply for a tourist visa while her case is still in process ?

A detailed answer would be much appreciated.

Thanks

[Bill and Vicky 25]

So your father will be immigrating, but your mother will just be visiting?

You can file the paperwork to withdraw your mother's I-130, but I wouldn't think they would give her a tourist visa. Your father is in the process of immigrating to this country. They will not believe that she's just coming over on a visit...they will assume she doesn't want to deal with the paperwork and thinks she can overstay a tourist visa.

Are your parents divorced? Why are they going to live thousands of miles away from each other? If I think that's not right, I bet the embassy will too.

And what happens to your father's application if your mother decides not to come? Is he just going to abandon her in Pakistan? This decision may affect his chances of immigrating.

Hopefully others will have better ideas for you. I'm still stuck on the "live thousands of miles away from each other".

Regards,

Bill

[Jasmeen 0]

Bill thanks for your detailed answer.

Yes my dad will be immigrating and they are together , not divorced. My mom wants to withdraw because she doesn't want to visit every six months , my dad also doesn't want to live here he will be visiting every year.

My question remains the same can she legally apply for a visit visa while her petition still active ?

[Merrytooth 5,748]

She could apply for tourist visa but it is contradicting since with I-130 pending, she is showing immigration intent.

Most likely, she would not be granted the tourist visa.

Some people mentioned before, get the Green Card first and go back home surrendering the Green Card to the US Consulate in 'exchange' for tourist visa to visit US.

Read this thread,

Brother Hesekiel post.

http://www.visajourney.com/forums/topic/419597-green-card-and-surrender-or-travel-document/

[Jasmeen 0]

Thanks merrytooth,

So what do you suggest shall I officially withdraw my mom's petition and then she applies for a tourist visa? She can show her social ties , house deed and other responsibilities that she must go back and just wants to visit .

Will this effect my fathers case or not ?

I am very confused what to do as my fathers interview date is in 4 weeks.

Thanks

[christeen 966]

She most likely not be granted a tourist visa... Mostly because she has shown immigrant intent AND her husband is immigrating to the USA which would technically leave her alone... I would suggest you NOT terminate the petition, let her get the visa and enter as an immigrant for this visit. When she returns after the visit, turn in the GC and see if they will issue her a tourist visa. This is not the intended way to use the immigration system, but might be the ONLY way she will ever have a shot at getting a tourist visa. It will show at least that she traveled to the USA and came back of her own volition ... This means she might then be granted a tourist visa. To pull the petition and bank on a tourist visa, she might end up never being able to visit... Just my 2 cents

[NigeriaorBust 4,087]

Your father knows that with a green card he is required to live in the US not visit it.

[Glyn and Kathy 288]

Bill thanks for your detailed answer.

Yes my dad will be immigrating and they are together , not divorced. My mom wants to withdraw because she doesn't want to visit every six months , my dad also doesn't want to live here he will be visiting every year.

My question remains the same can she legally apply for a visit visa while her petition still active ?

Huh? You do realize that a green card holder is supposed to live in the US? If I'm reading what you wrote correctly, he would be in danger of losing his residency if he only plans to visit every year. Some people get away with it...but not everyone.