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Posted

Hello!

 

I am thinking to apply for my parents to be able to come to USA on Green card. I am a US citizen. They already have visitor VISA, is it better to ask them to enter using their VISA and apply for their green card when they arrive or is it better to get the process started while they are still back home? It will be a couple of months before they can come, in this case is it good to get the process started and they can come over while their I130 is in progress? If they came around the time when their I130 is still pending would be difficult to enter the country? Also, can I buy one way ticket while I130 is pending.

Any help would be appreciated.

 

thanks.

Filed: K-1 Visa Country: Wales
Timeline
Posted

The first is illegal.

 

Do they intend to work in the US?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
22 minutes ago, prassu said:

I don't think any of it is illegal? Yes, they intend to work after case is approved.

It is fraud to enter on a tourist visa with intent to stay. A tourist must enter with intent to return home.

 

You can file the I-130 for them while they are inside or outside the US so they can interview for an immigrant visa abroad later, but the wording in your post suggested they come to the US and stay, which is the issue.

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

 

Posted
On 6/25/2018 at 11:33 PM, prassu said:

Hello!

 

I am thinking to apply for my parents to be able to come to USA on Green card. I am a US citizen. They already have visitor VISA, is it better to ask them to enter using their VISA and apply for their green card when they arrive or is it better to get the process started while they are still back home? It will be a couple of months before they can come, in this case is it good to get the process started and they can come over while their I130 is in progress? If they came around the time when their I130 is still pending would be difficult to enter the country? Also, can I buy one way ticket while I130 is pending.

Any help would be appreciated.

 

thanks.

Are you sure you're a US citizen? 

Previous posts indicate conditional resident status with i751 pending. 

 

On 6/26/2018 at 12:09 AM, prassu said:

I don't think any of it is illegal? Yes, they intend to work after case is approved.

It is illegal to enter the US on a tourist visa with intent to stay. A one-way ticket just affirms that intent. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Posted

OP seems to have disappeared and not logged in since discovering the news. Happens a lot in these types of posts.

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

 

Posted
13 hours ago, WeGuyGal said:

Are you sure you're a US citizen? 

Previous posts indicate conditional resident status with i751 pending. 

 

It is illegal to enter the US on a tourist visa with intent to stay. A one-way ticket just affirms that intent. 

Yes. Both of the cases are now approved.

 

Ok. I did not know that it is fraud. I have seen so many other people who have done this, thank you for the help.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Inappropriate post and it's reply removed. Post constructively or do not post.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Filed: Timeline
Posted

Prassu..,,

 

Hello, your parents can come as much as they want with their VISA but they can't stay here. It is very important that your parents leave before the visa expires. Because you don't want them to overstay the visa. If that happens it would be a big problem. But you can start the paperwork and they can come visit but have to leave before the visa expires.

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

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