Bringing Mother In Law on B1/2

[caliliving 606]

of course it is not allowed, but does no one here know any parent that came from another country and has 'helped' watch the kids? LOL! hell, 3 of my immigrant friends mothers all come here months out of the year to watch the kids. should i report these grandmas to ICE?

 

but the biggest issue is getting the tourist visa. good luck getting that!!! hopefully your mom can show strong ties to back home.  assuming she wants to move here my guess is her ties there are NOT strong at all.  come back and update us when she gets a tourist visa.  

[Boiler 45,541]

7 minutes ago, caliliving said:

of course it is not allowed, but does no one here know any parent that came from another country and has 'helped' watch the kids? LOL! hell, 3 of my immigrant friends mothers all come here months out of the year to watch the kids. should i report these grandmas to ICE?

 

but the biggest issue is getting the tourist visa. good luck getting that!!! hopefully your mom can show strong ties to back home.  assuming she wants to move here my guess is her ties there are NOT strong at all.  come back and update us when she gets a tourist visa.  

I know of many people working here illegally, and no I do not.

 

YMMV

[Pennycat 880]

Your wife must be a US citizen before your MIL will be eligible for a green card/ immigrant visa. So these year or more wait times at USCIS really are an extra kick in the teeth for people for whom this is important. 

 

At that time, she can petition for an IR-5 visa for her mother and those take ~1 year, same as spouse visas. It is not legal to enter on a tourist visa with the intention to stay and adjust status, so her only legal option is the IR-5. As you may know, (and as many others clearly have read as this place has been flooded by parental immigration questions over the past few days), one of the items up in the immigration reform discussions is to end the so-called "chain migration" visas, including the parent class of immediate relatives. No one knows how it will play out, but we all have our opinions on how it should be and how it will be (not always the same thing) and further discussion of that part belongs in the Current Events and Social Hot Topics forum anyway. To that end, I would suggest getting your MIL a tourist visa sooner rather than later, because the future of IR-5 is unclear and it is equally unclear what effect that could have on B1/B2s for parents.

[Amhara 460]

23 hours ago, TNJ17 said:

If you choose route 2 of your list that’s committing fraud so... I think your wife has to be a US citizen for her to petition for a relative and right now USCIS is reporting a 5 year wait if I’m not mistaken. 

 

Your best option is for her to get a tourist visa if she has enough ties to her home country and take whatever time immigration gives her at POE. I doubt it will be 6 months though. 

I disagree that item 2 is fraud.  When a foreign parent is visiting a USC child on a visitor visa, they may file an AOS.  This is called Concurrent Filing.  One of the first steps in applying for a GC is determining where you are in the world.  Outside of the US? Apply for a visa with Dept of State.  Inside the US?  Apply for AOS!

 

I have known a few people who have done this and have not had problems getting their petition approved.  Of course, if one goes this route, they reduce their chances of getting another tourist visa.  And of course, one would not want to lie during a Consular's interview and say that they intend to only visit when they actually intend on doing AOS.  But, the MIL may want to say she wants to visit the family and is considering on immigrating when her daughter becomes USC.  If her daughter isn't USC, then she may not want to overstay the visa, but if she files for AOS, then any overstay period is forgiven when the GC is granted.  The AOS NOA allows residency until the GC is issued.

 

Which, by the way, OP, your wife isn't qualified to apply for USC now?  You don't need to wait for ROC to be finished to apply.

[Amhara 460]

Well, that was embarrassing,   but anyway...I wanted to post this as well...

 

Immediate relatives who are in the United States can file Form I-485, Application to Register Permanent Residence or Adjust Status at the same time as Form I-130.

[Pennycat 880]

12 minutes ago, Amhara said:

I disagree that item 2 is fraud.  When a foreign parent is visiting a USC child on a visitor visa, they may file an AOS.  This is called Concurrent Filing.  One of the first steps in applying for a GC is determining where you are in the world.  Outside of the US? Apply for a visa with Dept of State.  Inside the US?  Apply for AOS!

 

I have known a few people who have done this and have not had problems getting their petition approved.  Of course, if one goes this route, they reduce their chances of getting another tourist visa.  And of course, one would not want to lie during a Consular's interview and say that they intend to only visit when they actually intend on doing AOS.  But, the MIL may want to say she wants to visit the family and is considering on immigrating when her daughter becomes USC.  If her daughter isn't USC, then she may not want to overstay the visa, but if she files for AOS, then any overstay period is forgiven when the GC is granted.  The AOS NOA allows residency until the GC is issued.

 

Which, by the way, OP, your wife isn't qualified to apply for USC now?  You don't need to wait for ROC to be finished to apply.

It is fraud to enter on a tourist visa with the intention of filing AOS. This is for people whose immediate relatives are *already in* the US, and either somehow have a sudden change in circumstances during a visit in which they need/want to AOS immediately, or MUCH more commonly, are in the US out of status and have been for many years and their child becomes a citizen/old enough and they can concurrent file.

 

Please don't advise anyone to use a tourist visa with the intention to immigrate, that is illegal, could result in their being detained and deported at POE with possible bans for misrepresentation (if they lie to CBP and are discovered) and is against Visajourney TOS (although that is for the mods to handle).

 

There are many examples of people being turned around at POE when CBP determines (or even suspects) that their true intention is to immigrate. Here is an example that comes most immediately to mind, but there are many, many others. (In that story, it seems clear that this woman's intention was to marry her boyfriend and adjust status, or at a minimum that is what CBP thought, and reading through the lines, I agree). You cannot legally take this route. And taking deciding to take this route runs risks, up to and including bans from the US. What happens when someone is already IN the US because they either got away with lying at POE or any number of other things is a different story (and is why it is confusing, everyone knows someone who did it). But coming from out of the US on a tourist visa with the plan/intention to AOS is illegal. 

Edited December 29, 2017 by CatherineA

[TNJ17 1,329]

Entering the US on a tourist visa with the intention of applying for AOS is illegal no matter if people have done it or not. Yes it’s been done but it doesn’t mean it’s a legal route. That is immigration fraud. If that wasn’t fraud no one would ever apply for any immigration visa, bypass all the long USCIS wait cutting in line of all of us who are choosing to go the legal route because we wanna follow the law, get a tourist visa marry our significant others or whatnot and AOS. We’d skip all the background checks and processing and the long horrible wait that it is USCIS. That would just be terrific. 

Edited December 29, 2017 by TNJ17

[WeGuyGal 1,052]

27 minutes ago, Amhara said:

I disagree that item 2 is fraud.  When a foreign parent is visiting a USC child on a visitor visa, they may file an AOS.  This is called Concurrent Filing.  One of the first steps in applying for a GC is determining where you are in the world.  Outside of the US? Apply for a visa with Dept of State.  Inside the US?  Apply for AOS!

 

I have known a few people who have done this and have not had problems getting their petition approved.  Of course, if one goes this route, they reduce their chances of getting another tourist visa.  And of course, one would not want to lie during a Consular's interview and say that they intend to only visit when they actually intend on doing AOS.  But, the MIL may want to say she wants to visit the family and is considering on immigrating when her daughter becomes USC.  If her daughter isn't USC, then she may not want to overstay the visa, but if she files for AOS, then any overstay period is forgiven when the GC is granted.  The AOS NOA allows residency until the GC is issued.

 

Which, by the way, OP, your wife isn't qualified to apply for USC now?  You don't need to wait for ROC to be finished to apply.

If it wasn't fraud, why doesn't every potential AOSer say they plan to AOS when entering the US on a NIV? 

 

I too know a few who have gone the AOS/B2-overstay route. Sadly many have been from South Asia primarily who tend to seek shortcuts to CP.

[Boiler 45,541]

4 minutes ago, WeGuyGal said:

1. If it wasn't fraud, why doesn't every potential AOSer say they plan to AOS when entering the US on a NIV? 

 

2. I too know a few who have gone the AOS/B2-overstay route. Sadly many have been from South Asia primarily who tend to seek shortcuts to CP.

1. They changes their minds when collecting luggage from Baggage Claim.

 

2. Something the Consulates in those locales are I am sure well aware of.

[Amhara 460]

32 minutes ago, CatherineA said:

Please don't advise anyone to use a tourist visa with the intention to immigrate, that is illegal, could result in their being detained and deported at POE with possible bans for misrepresentation (if they lie to CBP and are discovered) and is against Visajourney TOS (although that is for the mods to handle).

I agree and I did not advise anyone to use a tourist visa to immigrate nor did I suggest they lie to any US official.  I pointed out that applying for AOS while in the US on a non-immigrant visa is an acceptable practice.

 

Can anyone explain how AOS'ing while on B1 does not qualify as a concurrent filing?  I know the visceral reaction, but face it if someone comes on a B1 and files to stay they are not pursued as a criminal.  The petition is processed.  Presenting false documents to a US official - that is fraud.  If you present false bank statements or deeds to a Consular during a B1, that is a fraud.  Lying while applying for ANY US benefit is also fraud.

 

What is not a fraud is for the MIL to apply, go to the interview and say she wants to visit her family and new grand baby.  She should not omit that her daughter will be eligible for USC soon or has applied for USC.  The facts are that getting a B1 without strong ties to your home country or evidence that you will return is rather difficult, but if it's denied, then you don't lose much.

 

Please report my post to the mods.  Maybe they will read where I had suggested she say that she wants to see the country before she immigrates.  Against TOS to suggest they tell the truth, huh?  Go for it, bud.

[Unlockable 7,314]

Something about that darn baggage claim.

[WeGuyGal 1,052]

As soon as the 180-day i94 is stamped on the passport, the mind magically changes. 

[Boiler 45,541]

Actually nothing wrong with coming and seeking an extension, as long as you declare it at the PoE....

[Pennycat 880]

Just now, geowrian said:

Upon entry into the US, one must intend to return home on that trip. They cannot intend to stay or wait until they are permitted to AOS. That's where the fraud comes into play, and what the OP was asking about (as I read it).

That wasn't me who said that, can you change who the quote is attributed to please.

[techmedic 8]

Wow this blew up...

Let me clarify I'm trying to avoid doing anything that could be considered fraud. As much as I would love to have her stay I think it may be best just to bring her over on the B visa and have her as long as we can and have her go back. Then file to have her get her green card. 

 

I wasnt sure if bringing her on a tourist tourist and then trying to do an AOS would be legal, however I see it kinda falls into a grey area in a way so I'll play it safe and just have her go back.