Adjustment Status from Tourist Visa

[VNN 147]

My sister-in-law's mother has been a frequency visitor. She travels 3-5 times from Vietnam to US each year for the past 10+ years.   She arrived in US 3 months ago and this time, after having a series conversation with my brother and my sister-in-law regarding how bad Vietnam is now (political/social issues so I put these issues aside), it is time so she moves permanently to US.  

 

Should she has her status adjusted as she has been already in US or should she have her consular processing done in Ho Chi Minh City? 

• The big issue: people are afraid that she may not have get tourist visa if she does consular processing.

 

I helped a number of people adjust from F1 visa but never from a tourist visa.

[Liam2021 574]

AOS with tourist visa is not recommend, and 99% members here will agree with it. Just file I130 and interview at HCM Embassy. It will took about a year.

[geowrian 22,337]

Edit: Scratch my questions...I misread something.

 

The mother of a 21+ aged USC can do AOS or interview abroad.

Edited September 17, 2018 by geowrian

[Umka36 781]

If she is an immediately relative category of a US citizen and already in the US she can file AOS as a legal route.

 

Will she be working in the US? Big thing to consider is the health insurance cost as it's a big factor everyone seem to ignore.

[VNN 147]

11 minutes ago, Umka36 said:

If she is an immediately relative category of a US citizen and already in the US she can file AOS as a legal route.

 

Will she be working in the US? Big thing to consider is the health insurance cost as it's a big factor everyone seem to ignore.

• My sister-in-law (30s) or her brother will petition for her/his mother (50s)

No, working is not her priority.  She will primary stay home with my nephew. Fortunately, finance is not an issue with them. 

 

 

 

25 minutes ago, H&T said:

AOS with tourist visa is not recommend, and 99% members here will agree with it. Just file I130 and interview at HCM Embassy. It will took about a year.

 

24 minutes ago, geowrian said:

Edit: Scratch my questions...I misread something.

 

The mother of a 21+ aged USC can do AOS or interview abroad.

Just to be sure, it is not tourist to marriage base adjustment, petitioner will be either her son/her daughter (both USC adjusted from F1 visa).

[geowrian 22,337]

1 minute ago, RTLE said:

Just to be sure, it is not tourist to marriage base adjustment, petitioner will be either her son/her daughter (both USC adjusted from F1 visa).

Correct. The mother falls into the same kind of category (immediate relative of a USC) as marriage-based adjustment/visa (IR-1 for a spouse, IR-5 for a parent). The good thing is less documentation is needed....the main things are showing the legal relationship between petitioner and beneficiary (i.e. birth certificates)...whereas marriage-based processes require showing a bona fide relationship via relationship/marriage evidence.