Planning ahead - bringing mother and step father to USA

[Mark and Mindy 0]

Hi everyone,

At this point in time I (Mark) am a permanent resident and Green card holder. I arrived a year ago on the K1 visa and married my now-wife Mindy (US citizen). This question is somewhat hypothetical as it's planning many years in ahead, I'd just like to know the information as these kinds of life changing decisions need real planning as you all know.

So, as soon as possible I will apply for citizenship, which would then allow me to petition for my mother to come and live [read: retire] here. As I understand it, this process is very similar to the K1 process which was used to get me here as far as timeline and paperword go. I guess this could take a couple of years, that's fine.

Now here's the tricky part. She would only emigrate to the USA if she could bring her spouse. They are currently unmarried and have been together for 4 years, but they would marry if they needed to. Again, as I understand it, because they would have been married AFTER my 18th birthday, my mother would first need to become a permanent resident and then she herself would petition for him to enter the USA to live. She would do this using form I-130 as a green card holder, presumably.

So with all that background information out of the way, here's the question: Must my mother be living in the USA as a permanent resident while the I-130 petition for her husband is pending? Or, providing her application was successful to become a lawful resident here, could she remain in the UK while we get the same acceptance for her husband so that they don't need to be apart and can enter the US together?

Sorry if this is poorly described. Thanks so much for any responses!

Edited October 12, 2014 by Mark and Mindy

[Boiler 44,985]

There is some degree of fudging, she would need to Permanently Reside in the US but can visit elsewhere.

[Nich-Nick 3,354]

Understand what is involved in maintaining permanent resident status by reading this from USCIS. http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence. It can be revoked or considered abandoned.

Also she as a permanent resident (not USC) doesn't get to bring a spouse immediately. There is a queue for visa availability because there is a quota each year. Only US citizens petitioning spouses or parents have immediate visa availability with no numerical limit. Right now there is about a 20 month wait in the visa availability queue in addition to the year or so paper processing time. It changes monthly so no idea what it will be when she is ready.

You can work out a timeline, but you know they never stay the same. It speeds up and it slows down.

3 yrs for you to become a citizen

1 year to get her here

2++ years to get him here.

Edited October 12, 2014 by Nich-Nick

[Mark and Mindy 0]

I understand. Thanks so much for your advice.