Filing for Green Card for Mother-In-Law

[usapacific 0]

My wife is 8 months pregnant; and 2-3 months away from the Oath Ceremony.

 

We would like to apply for a Green Card for her mother after my wife becomes a US Citizen.

 

The Mother-in-Law is retired and in her 60's, and will not work in the US.  And from South Korea.

 

We can't seem to decide what to do here; a) B2 six month tourist visa; or b) 90 day tourist Visa.

 

The purpose of the Mother-in-Law's trip is to be present at the pregnancy around July 4th, and vacation with us.

 

The purpose of the Green Card is to give her the flexibility to visit us however she see's fit; while maintaining her

primary residence in South Korea.

 

However, we already know we are applying for a Green Card after the Oath Ceremony is complete, around September 1st.

 

We do not want to appear guilty of immigration fraud of any kind; but we want the mother to meet her grandchild.

My wife actually would like her mom at the Hospital during the pregnancy her first child.

 

a) We are afraid of being rejected for a B2 in Seoul on this "childcare" suspicion. Are we being irrational?

 

b) We are afraid of adjusting status to Green Card while the Mother-in-Law is in the country,  and being rejected

by USCIS for fraud. What is the best way to adjust status while present in the country - the 90 day visa or the B2?

 

Thank you for your help! Much appreciated.

 

 

 

 

[Ben&Zian 4,398]

The worry of getting denied a tourist visa is main thing. She needs to be able to show she does not intend to stay but merely visit. Being retired may be a strike against her but she can show other things.

 

Also your question about adjusting status on B2 or 90 stay is immigration fraud already. You are trying to plan to go around the system by misusing another visa to gain residency.

 

Your best option is have her try for a tourist visa.. once her daughter becomes a US citizen have her petition for her mother properly.

 

Also, having a green card is not just to come back and forth to the US as you please... it is ment to make the US your permanent residence...

[Jojo92122 1,924]

South Koreans can enter the US for 90 days under the Visa Waiver Program.  It would be best if your MIL use the VWP.

 

If her B-2 visa application is denied, she will lose her VWP privileges.  Wanting 6 months to come visit her daughter during childbirth risks a denial because it's considered unauthorized work.

 

Since your MIL is currently outside the US, it would be immigration fraud for her to enter the US with the intent to adjust status.  It's also a VJ TOS violation to help with this.  Your MIL will need an immigration visa to immigrate to the US.

[millefleur 5,046]

If she applies for the B-1/B-2 and gets a refusal, the VWP will be off limits as well.

Edited June 2, 2017 by millefleur

[crashsle 4]

I'm not sure on the best route for you in terms of visa, but I just wanted to clarify that if you do (correctly) apply for a Green Card for your MIL it is to make the US her permanent residence. There are a lot of stipulations for being a Green Card holder, but a big one is being in the US for AT LEAST 6 months a year, and that's if you're pushing it honestly. If she is out of the country for over 6 months she has to get re-entry permits, and if she's not in the country more time than she is out of it, she would risk a very tough entry at the border with the potential for her to lose her GC and face a long term ban on entering the US again. 

If she wants to live in the US then by all means apply, but a Green Card is not to be used as some sort of glorified tourist visa.

[Jojo92122 1,924]

The green card requires her to make the US her primary residence.  If she abuses her green card and use it to visit the US and live in SK, she will lose it and will unlikely be able to visit the US afterwards.

 

Use the VWP.

Edited June 2, 2017 by Jojo92122

[afortunada 182]

Whoops, wasn't thinking that through.

 

Anyway, yes, exactly what others have said, both are illegal and she would lose her status if she didn't stay in the US xxx numbers of months until she applied for citizenship.

Edited June 2, 2017 by afortunada

[belinda63 3,038]

She has VWP. Just utilize that and don't risk losing it by applying for the tourist visa. Ninety days is never long enough but the freedom to come and go is worth it. Sounds like she has a life in S Korea anyway so let her just be a tourist. If she decides later she wants to live in the US then her daughter can apply for an immigrant visa and she can still visit while it is processing.

[usapacific 0]

I did not understand the required 6 months of living in the US to maintain the Green Card; that was very helpful; thank you.

 

She will do a 90 day Visa. That's our best move. Thank you all for your input.

 

 

[JFH 12,190]

Actually, retired people from

VWP countries often have success with B-2 applications. Many retired people from the U.K. obtain B-2 visas to spend winter in warmer weather such as Florida like the Canadian snow birds do. 

[geowrian 22,337]

Lots of issues here...

1. Entering the US with the intent to stay and get a green card is fraud.
2. A green card is proof of legal permanent resident (LPR) status. If her primary residence will be outside the US, then this is not the approach for her and her status will be revoked for abandoning US residency. A green card is not for visiting the US.
3. VWP would be preferred. While she may have a decent shot of getting a tourist visa (if she has sufficient ties home), a denial would invalidate her ability to use the VWP in the future. VWP is a much safer option.
4. If a purpose of the trip is to taker care of a child, then that may be seen as work, which is not allowed.

7 hours ago, usapacific said:

We do not want to appear guilty of immigration fraud of any kind; but we want the mother to meet her grandchild.

...

b) We are afraid of adjusting status to Green Card while the Mother-in-Law is in the country,  and being rejected

by USCIS for fraud. What is the best way to adjust status while present in the country - the 90 day visa or the B2?

Easiest way to avoid appearing guilty of immigration fraud is not to do it. That is the only permitted option. Entering the US will the intent to adjust is blatant fraud.

[millefleur 5,046]

10 hours ago, JFH said:

Actually, retired people from

VWP countries often have success with B-2 applications. Many retired people from the U.K. obtain B-2 visas to spend winter in warmer weather such as Florida like the Canadian snow birds do. 

The only reason I'd advise against it is because the OP's mother-in-law is going mainly due to the birth of a new baby, and depending on what she says at the interview, it could be interpreted as childcare and result in a refusal. In that case her being retired is actually a negative because it means she has fewer ties and reasons to return home.