I-130 for parent best to file in us or outside?

[Nettieangel2 0]

We're getting ready to file the I-130 for my mil (once husband becomes a citizen which should be soon hopefully). I know it says in instructions that she can file in or outside of the us. My question is whether it's faster/easier to file here vs in her country of El Salvador? My instinct says to file here because we had some bad experiences with that embassy while filing for my husband's K1 Visa (they lost paperwork, didn't inform us of things until weeks later, were impossible to get ahold of except by fax, among other things). She has a tourist visa but I don't want her to overstay it either, even though many have told us that won't affect whether she gets green card or not. Any insight?

[aleful 1,905]

hi

 

it's better here, because your husband needs to send it plus he has to pay the form with a money order or personal check

 

if he travels to her country, he has to send it to the US, sending it from out side, doesn't mean it will go to the embassy, it will still be sent to the US lockbox

 

so as soon as he becomes a USC he can file for her

 

and you are correct, she can visit but not overstay. the process will take about a year

[nightingalejules 678]

I think what you're asking is whether your husband should file an Adjustment of Status for his mother (I assume she's currently in the US on the tourist visa) or if she should return to El Salvador and you can apply for an IR-5 (parental) visa, with her staying there (potentially until her case is approved, since it is often difficult for someone with "immigrant intent" to get (or retain) a visitor's visa.

Here's the fault with your question: your husband is, as yet, unqualified to petition for his mother at all. Your husband is not yet a citizen, and there's not a 100% guarantee that he will receive his citizenship soon (or indeed at all - people do get denied). If a) his MIL has already legally entered the US (even on a tourist visa) AND b) he were already a citizen, then I would say that you might as well go ahead and file for adjustment of status, since any overstay would be forgiven, and you could continue to support her even if it took a long time for her employment authorization to be approved (theoretically, she's not even allowed to help out around the house without an EAD (employment authorization document)) and if he's her only family, she wouldn't be likely to need to leave the country until after she got a valid travel document. However, you've said he's not a citizen yet.

 

Given that:

1. If his mother has a tourist visa but hasn't used it yet, and is still in El Salvador, it would be illegal to enter the US with the intention to adjust status, and lots of people's visas are denied or revoked if the point of entry officer believes they might be trying to immigrate.
2. If his mother is already in the US on a tourist visa, and he doesn't become a citizen before it expires, your MIL will be out of status, and risks a ban from the US if it's discovered. 
3. If your husband hasn't had his citizenship interview yet, and the interviewer discovers that he is becoming a citizen, at least in part, to petition his mother, the interviewer may decide to deny his application. So-called "chain migration" (I immigrate and then I bring my family and then they bring their family) is exactly what the current government is trying to stop.

So, if your husband's citizenship doesn't come through before your MIL's visa expires, my advice is for her to plan to return to El Salvador at the end of her tourist visa, and then, when he becomes a citizen, file the I-130. There is a reasonable likelihood that she will then be unable to visit until the IR-5 comes through, but that's just the way it is.

 

Edited November 13, 2017 by nightingalejules

[SallyMathis 1]

My friend is worried and is having a similar experience. I'm glad nightingalejules you posted this! It is more clear now.

[Nettieangel2 0]

Thanks for the replies, and thanks for the heads up on the chain immigratIon. She just returned to her country and I'm thinking it will be best to have her stay there until my husband becomes a citizen (yes, I know they can get denied) and file the I-130.