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Posted

My wife currently has her 2 year green card and will soon apply for R O C. We just discovered that we will be blessed with a child in 9 months. We would like for her parents to be here to help while she is off work. Are we eligible to petition through the I-130? If not, what course of action can we take. Thank you in advance for your help. 

Posted (edited)

She cannot sponsor Her parents to immigrate untill she becomes citizen. 

 

Her parents can apply for tourist visa on their own (no sponsorship) and visit for a SHORT period of time. 

 

Her parents cannot come to the USA to help her and the baby. It's considered as work taken away from the US citizen. Hire a sitter. Yes it sounds odd but it's illegal. Yes we know it's just parents helping out. But they cannot on the tourist visa.

 

Topic like this literally appears at least once a week. 

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Posted

Congrats!

 

No, she's not eligible until she's a USC. Even if she was, a green card is not for visiting the US...it's for (and requires them to maintain) permanent residency in the US. If they want to visit, then they should seek out a tourist visa.

Using a tourist visa for the purpose of taking care of a child would be a violation of the tourist visa. They can visit to spend time with the child and parents, but not to care for the child.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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