How to petition for mom's green card when I am a newly graduated student?

[Dinosaur2013 26]

Hi there. I have a question. Next May 2018, I will graduate from my master's degree program and it is the time when I will be likely to have become a naturalized citizen. I would like my mother to move to the US and live with me. However, since I will not be working in May (i.e. unemployed), would my petition for IR5 be rejected? Thank you very much.

[Ray&Ash 271]

Financial support is very necessary when you file a family based immigration petition for parents/spouse etc. 

I suggest wait to get a job and then file. 

People in similar situations can chime in with better advice.

Good luck!

[Springrain22 427]

You must financially support her when you petition for her. You must make at least 22k a year to do so. Or you can have a co-sponsor. Without your i-864 accepted by NVC, she won't get her immigration visa.

[Dinosaur2013 26]

23 hours ago, Ray&Ash said:

Financial support is very necessary when you file a family based immigration petition for parents/spouse etc. 

I suggest wait to get a job and then file. 

People in similar situations can chime in with better advice.

Good luck!

 

23 hours ago, Springrain22 said:

You must financially support her when you petition for her. You must make at least 22k a year to do so. Or you can have a co-sponsor. Without your i-864 accepted by NVC, she won't get her immigration visa.

Thank you so much for a wake-up call. I will take your advice into consideration. 

[Dinosaur2013 26]

2 minutes ago, geowrian said:

Faster than other categories, but still 7-9 months for I-130 approval on average right now.

 

Absolutely not. I'm not 100% sure on if you meant they can come on a tourist visa and stay (which is clear fraud...do NOT do this!!!), or that they can overstay and then return home (which will earn them a 3/10 year bar on exit). Either way, this is very bad advice.

Hi there! But if I do a normal consular fling and use a co-sponsor, would it be okay?

[geowrian 22,338]

Just now, Dinosaur2013 said:

Hi there! But if I do a normal consular fling and use a co-sponsor, would it be okay?

Absolutely.

[Dinosaur2013 26]

2 minutes ago, geowrian said:

Absolutely.

Thank you Geowrian

[Ray&Ash 271]

Your mother can stay with you for 6 months on her tourist visa if she alrdy has it. (Else she needs to say she can support herself financially as u wont be able to till u have a job in hand) . She can then go back to the home country for couple of months and visit u again later. Do this till the time u have a steady job or a co sponsor good luck. (She should never overstay her visa) 

[Unlockable 7,315]

17 minutes ago, Ksenia2017 said:

There is no law says you can't. Entering on a visa, than applying for her is not against the rules.

You are wrong. 

 

It is against the law to plan to use a nonimmigrant visa to immigrate. You are confusing people who are already in the US on a visitor visa and have decided to stay and adjust with those who are not yet in the US and are planning to use a visitor visa to immigrate. The latter is illegal.

 

A visitor visa is just that... to visit. You can't use it to work, go to school, or plan to immigrate with it. People are denied entry and have their visas revoked every day when caught trying to immigrate here without the proper immigrant visa. Visa categories are put into place so people use the proper visa to petition for family. In this case where she wants the mother to live here a visitor visa is not the proper visa to use.... the I-130 is. In the mean time the mother can continue to visit.

 

But if there is a case where a couple is already in the US and spontaneously decide to marry, then the foreigner has an option to stay and adjust because it was determined that when the entered the US they didn't have any intention to immigrate at that time.

 

What you are suggesting is planning to use a visitor visa to immigrate before the person enters the US. Again....against the rules.

Edited November 3, 2017 by NuestraUnion

[Ksenia2017 3]

I think no-one should use this Forum as a Legal advice, nor I am giving one,  get your info from USCIS.gov, with all instructions. Perhaps you have a point, safest way and the lawful way is to go through consular processing, which I was describing earlier. I remembered my girlfriend case, who brought her mom here for heart surgery, and petition for her while she is in US. If she followed your advice, her mom will be dead by now.

[Ksenia2017 3]

Hi there! Thank you for understanding my concern; I want my mom to be here with me ASAP. Do you know when I need to file the affidavit of support? Is the affidavit needed to be filed at the same time we file I-130? In terms of co-sponsor, I have my aunt who is a US citizen who is willing to be a co-sponsor for my mom's IR application. Your dad's application was processed very quickly. So you filed I-130 and AOS concurrently? It took only 3 months? 

 

Hi again! Affidavit of support(AOS) is part on NVC paperwork preparation for INTERVIEW at embassy, only after I-130 is approved, its not part of i-130. Lets say I-130 takes 6-7 months, than NVC will sent you a welcome letter with all instructions, probably you have 8+ months before you need to worry about AOS. Your aunt can be co-sponsor or sole sponsor or joint sponsor. If you have no income at that time, you will fill out AOS saying you have joint sponsor and also provide separate AOS from your aunt. Aunt family size and dependents, if any,  counts in household size. 2017 Poverty guidelines as a reference:

https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf   If your aunt is single and only dependent is your mother = 2, than her income should be not less than $16,240. If she is married + your mother= 3, income not least than $20,420

Filing a Form I-130 Petition for Alien Relative, is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply to become a lawful permanent resident. https://www.uscis.gov/i-130 also https://www.uscis.gov/sites/default/files/USCIS/Resources/A1en.pdf

In My dad case, I filed first  I-130, than after it was approved, applied for green card. Yes, it went fast for him. I had concerns on outcome, that he is my step-father, not biological, different last names and he was out of status for a very long time with expired passport. We had to proof he was married to my mom when I was 8 yrs old and we are a family. But it all worked out, he is citizen now :-) Immediate relative are most favored category.

Remember, in consular processing, it looks longer, but you actually working on her green card when filing affidavit of support and she gets get medical exam and vacanations in her country. After successful interview, when your mom comes here, she gets her green card in mail very soon. My mom got it within a month after entry.

[SusieQQQ 11,587]

2 hours ago, Ksenia2017 said:

I think no-one should use this Forum as a Legal advice, nor I am giving one,  get your info from USCIS.gov, with all instructions. Perhaps you have a point, safest way and the lawful way is to go through consular processing, which I was describing earlier. I remembered my girlfriend case, who brought her mom here for heart surgery, and petition for her while she is in US. If she followed your advice, her mom will be dead by now.

You are allowed to to travel for medical teatemet on a visit visa, as long as you pay for it. Not against the rules. So it’s nonsense her mom would have been dead for following the advice given here.

and you should not be using this forum to encourage people to flout the law. Applying for a visit visa with the intention to stay and adjust is immigration fraud. Immigration fraud can earn the person concerned a ban from the US, in some cases a lifetime ban.

Edited November 3, 2017 by SusieQQQ

[Ray&Ash 271]

7 hours ago, Ksenia2017 said:

I think no-one should use this Forum as a Legal advice, nor I am giving one,  get your info from USCIS.gov, with all instructions. Perhaps you have a point, safest way and the lawful way is to go through consular processing, which I was describing earlier. I remembered my girlfriend case, who brought her mom here for heart surgery, and petition for her while she is in US. If she followed your advice, her mom will be dead by now.

I agree. Each case is unique. Point is you do what you think is best in the situation. Not everything is black and white. There's a procedure for everything. Thats what infact the lawyers always do in courts. (sorry no pun intended)

I suggest lawyer up if needed. And if you dont have any sort of emergency situation to have your mom here, just wait till you get a steady job and then apply for her immigration. 

[Ontarkie 14,510]

~~A number of posts have been removed for TOS Violation - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.  A few other posts for quoting said posts. Any further similar posts will result in suspension.~~

[Dinosaur2013 26]

Dear All,

 

I truly appreciate all the comments/suggests everyone has made so far. I have now managed to see the overall picture of processes from both options; consular filing and petitioning while the beneficiaries are in the US. I will carefully weigh between pros and cons of each options to help me make the most sensible and situation-driven decisions. At least, now I feel relief that I will have no issue with an affidavit of support as I should have a job when I need to file this document or otherwise my aunt can step in to be a co-sponsor. 

 

I cannot thank you all enough for this!