Bringing Widowed Mother to US

[pratibhaquint 0]

Hello,

 

My Father just passed away and my Mother is alone in India with no one to take care of her. I have my US Citizenship interview in 2 weeks. My sister who also lives in same town is a US citizen. What is the best way/expedite process to bring my mom to US?

 

Thanks,

 

Pratibha Quint

[geowrian 22,337]

There's no cause for expedite here, but your sister can petition for her now, or you can do so once you become a USC and get the naturalization certificate. ETA: ~1 year. Start with the I-130.

 

Keep in mind the petitioner will need to sign an Affidavit of Support and show that they are capable of taking care of her, and get a joint sponsor if not.

 

And I'm sorry for your loss.

Edited October 3, 2017 by geowrian

[NigeriaorBust 4,087]

  Your sister can file now.  The process takes about a year,

[pratibhaquint 0]

Thanks! Is there a way my mother can come to US by visitor visa and then apply for PR?

[Roel 7,192]

No. That's a visa fraud to plan on adjust from tourist visa. 

[NigeriaorBust 4,087]

 No   Entering the US with a visitors visa with the intent of stay permanently could earn her a lifetime ban,     You will also have to provide medical insurance for her as she will never get Medicare until she works here for 10 years  

[geowrian 22,337]

5 minutes ago, pratibhaquint said:

Thanks! Is there a way my mother can come to US by visitor visa and then apply for PR?

She cannot enter on a tourist visa with intent to stay/adjust status to an LPR. That would be clear visa fraud.

[pratibhaquint 0]

Thanks!

 

She can't walk and using walker for support. Also, along with I-130 can I and husband claim as joint petitioner for the form I-864 along with my sister and her husband? And what health insurance will my mother need while she is here?

[geowrian 22,337]

7 minutes ago, pratibhaquint said:

She can't walk and using walker for support. Also, along with I-130 can I and husband claim as joint petitioner for the form I-864 along with my sister and her husband? And what health insurance will my mother need while she is here?

You can petition once you are eligible and be the primary sponsor on the I-864, and your husband can use an I-864A to join incomes with you. You cannot combine incomes with your sister or husband as they are not in the same principal residence as you.

You can use your sister (or any USC or LPR) as a joint sponsor, though. A joint sponsor's income/assets are evaluated separately...you can't combine incomes across sponsors.

 

She needs ACA-compliant insurance coverage or else she needs to pay the tax/penalty. Other than that, what insurance she gets is really up to her. But they will take into account that she requires care and won't be eligible for many public benefits for at least several years, so somebody needs to be able to ensure that she won't become a public charge.

Edited October 3, 2017 by geowrian

[Unlockable 7,314]

Re: health coverage

 

Best to start investigating health coverage now. That way you can be prepared. As mentioned, because she is a permanent resident she may be limited on subsidized health insurance.

[pratibhaquint 0]

Thanks Geowrian,

 

My sister and her husband are planning to sell their current house this week and soon they will be moving in with us and live with us temporary until they find a new house for themselves. Will that help if  we four members can file I-864 along with my sister's I-130 petition using our home address as a C/O address?

[geowrian 22,337]

43 minutes ago, pratibhaquint said:

My sister and her husband are planning to sell their current house this week and soon they will be moving in with us and live with us temporary until they find a new house for themselves. Will that help if  we four members can file I-864 along with my sister's I-130 petition using our home address as a C/O address?

If it's only temporary, your sister may not be a good candidate for an I-864A (but can still be a joint sponsor if her and her husband's income are suitable). They will still need to maintain the same principal residence at the time of the interview, which will likely be in a year or so.

 

If you still want to try that route....your sister's husband would not be eligible for an I-864A with your I-864 to combine incomes as he is not a qualified relative (see below). If your sister was a joint sponsor, her husband can do an I-864A with her, though.

 

And just to clarify, only a sponsor files an I-864. The petitioner is the primary sponsor. If a joint sponsor is needed, they also need to file an I-864. There's no need for more than 1 joint sponsor since they are evaluated independently. Then the I-864As come into play to join somebody with an I-864 sponsor. The CO will look at the totality of the circumstances to make a decision. Before over complicating things, I suggest looking at your finances and determine what is needed. If you and your spouse make enough as-is, bringing more people into the mix shouldn't be needed. India does tend to take the I-864/public charge concern quite seriously, though.

 

https://www.uscis.gov/system/files_force/files/form/i-864ainstr.pdf

Who May Be Considered a Household Member for Purposes of Form I-864A?

For purposes of this contract, a household member is:

1. A U.S. citizen, lawful permanent resident, or U.S. national relative who has the same principal residence as the

sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;

2. A U.S. citizen, lawful permanent resident, or U.S. national relative or other person whom the sponsor has lawfully

claimed as a dependent on the sponsor’s most recent Federal income tax return even if that person does not live at the

same residence as the sponsor; or

Edited October 3, 2017 by geowrian

[Boiler 45,486]

As others have intimidated check out the Health Insurance first, may not be practical.

[CEE53147 559]

12 hours ago, pratibhaquint said:

Thanks!

 

She can't walk and using walker for support. Also, along with I-130 can I and husband claim as joint petitioner for the form I-864 along with my sister and her husband? And what health insurance will my mother need while she is here?

This works against her as she is more likely to require nursing home care which is extremely expensive.

 

You should arrange home health care for her in her current location while you process the immigration paperwork. Alternatively, since there is no limit on the amount of time a US citizen can be outside the US, one of you can return to live with her in her home.

 

As for health insurance, you are not likely to have many choices and it will be expensive.

[Boiler 45,486]

Very expensive.