BRINGING MOM AND DAD TO US!!!...but need to know if I should file before they come on Dec....

[Catherine Lozano 0]

Good morning all:

Last time I used this site was when was in the process of getting my K1. Now I am a citizen and about to start working on my parents paperwork to come and live with me in NY.

Question#1: They are coming to spend christmas with us and will stay until Feb 20th (or so). Should I send paperwork now or should I wait till March 2017.

Question#2: What do I send? Only paperwork that says on website for uscis,gov ...which means I-130 plus fee and documentation needed such:

mother lives outside the United States,

• Form I-130
• A copy of your birth certificate showing your name and your mother’s name
• A copy of your Certificate of Naturalization or U.S. passport if you were not born in the United States

father lives outside the United States,

• Form I-130
• A copy of your birth certificate showing your name and the names of both parents
• A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States
• A copy of your parents’ civil marriage certificate

THANK YOU IN ADVANCE!!!

Cathy

[JFH 12,190]

Having them enter on visitor visas and with the intention of adjusting their status is illegal.

Op, you can start the filing whenever you want. It takes about a year so start the process 12 months before they are anticipating moving. If they're not going to be ready to move for, let's say, another 2 years, then wait a year.

[Catherine Lozano 0]

OK. My parents have their tourist visa until 2020. They just say “yes” for me to send paperwork so they can come to live me with me in NY. This Christmas was planned about a month ago so I guess my fear is to send paperwork NOW and having some kind of problem to enter USA when they come in December.

I spoke with a USCIS officer yesterday and he explained to me that I can file when they are here but that would mean for they to stay until process is done (which I don’t want to do) and I know it can take up to a year and that’s why I was thinking if I file now, things might be going somewhere by next year. I want them to do everything they have to do in our home country (paperwork, exams, etc).

I hope I explain myself better now.

Thanks again!

[iamwhatiam80 92]

Using a visitor visa with the intention of staying is most definitely illegal. Doesn't matter whether other people do it "all the time" or not. Other people rob banks. Doesn't make it legal.

The provision is there for people who enter as tourists with every intention of leaving after their stay but during the course of their stay change their minds. It's not there for people to plan things that way from the beginning.

Your post had been alerted to the moderators.

I meant the process itself. Of course doing it with the intention is not legal.

[iamwhatiam80 92]

OK. My parents have their tourist visa until 2020. They just say “yes” for me to send paperwork so they can come to live me with me in NY. This Christmas was planned about a month ago so I guess my fear is to send paperwork NOW and having some kind of problem to enter USA when they come in December.

I spoke with a USCIS officer yesterday and he explained to me that I can file when they are here but that would mean for they to stay until process is done (which I don’t want to do) and I know it can take up to a year and that’s why I was thinking if I file now, things might be going somewhere by next year. I want them to do everything they have to do in our home country (paperwork, exams, etc).

I hope I explain myself better now.

Thanks again!

So if you want to do consular processing, you can send the paperwork and they will apply for the visa in their home country.

Its a 1 year process give and take.

[Catherine Lozano 0]

THANKS IAMWHATIAM80 !!!

So then I would start working on getting paperwork together.

[iamwhatiam80 92]

THANKS IAMWHATIAM80 !!!

So then I would start working on getting paperwork together.

You are welcome. Best of luck!!!

[JFH 12,190]

I meant the process itself. Of course doing it with the intention is not legal.

But you asked if that is what she intends to do for her parents! They have not even arrived yet.

[Catherine Lozano 0]

i am confused JFH...what are you saying?? I should not do it ...I dont want to apply for them to stay here in the US when they come...I want to apply for them so everything is done in Peru and then whenever they get visas (I guess after 1 year or more) then they will come again but with a different type of visa.

Do you understand what I am trying to do...Once again I am sorry if I am confusing you....and thanks again for all support!

[Penguin_ie 5,993]

*****Several posts suggesting immigration fraud, and those quoting removed, as they are against our TOS. Using a visitors visa with the intend to immigrate is visa fraud. *****

Edited May 10, 2016 by Penguin_ie

[iamwhatiam80 92]

i am confused JFH...what are you saying?? I should not do it ...I dont want to apply for them to stay here in the US when they come...I want to apply for them so everything is done in Peru and then whenever they get visas (I guess after 1 year or more) then they will come again but with a different type of visa.

Do you understand what I am trying to do...Once again I am sorry if I am confusing you....and thanks again for all support!

Dont get confused. I will make it more clear to you.

Do your paperwork and send the application to USCIS. This is Stage 1

When the petition gets approved, complete the paperwork with NVC. This is stage 2.

Once NVC finishes its thing, they send it to your parents home country where they apply for the immigrant visa. This is stage 3.

This entire process takes approximately 1 year. Best of luck!!!

[Catherine Lozano 0]

Once again, I am not planning to use a tourist visa for anything illegal so you guys need to stop saying that. Please, read at my post and if any questions...ask me.

Main question I have is to know when to start working on paperwork. They are coming to visit in December and dont want any problems before or during their visit.

If I have to start paperwork ONCE THEY LEAVE THE USA...then I will....thats only thing I need to know...

Cathy

[Harpa Timsah 13,258]

OP WANTS TO KNOW IF THEY CAN VISIT DURING THE PROCESS.

S/he was asking if they should do the visit first and file later, or if they can file now and visit during.

Yes OP, your parents can visit with a pending petition.

Edited May 10, 2016 by Harpa Timsah

[Catherine Lozano 0]

Dont get confused. I will make it more clear to you.

Do your paperwork and send the application to USCIS. This is Stage 1

When the petition gets approved, complete the paperwork with NVC. This is stage 2.

Once NVC finishes its thing, they send it to your parents home country where they apply for the immigrant visa. This is stage 3.

This entire process takes approximately 1 year. Best of luck!!!

THANK YOU!!!!

OP WANTS TO KNOW IF THEY CAN VISIT DURING THE PROCESS.

S/he was asking if they should do the visit first and file later, or if they can file now and visit during.

Yes OP, your parents can visit with a pending petition.

GREAT TO KNOW. THANKS!!!!

[Penguin_ie 5,993]

Yes you can absolutely have them visit, and they should have no problem doing that, just don't have them bring things that may indicate they want to move/. stay, such as a lot of official documents etc.

I wasn't warning you (Op) btw with my mod warning, but some of the members who replied.