Bringing Mom in Law to US

[Sherlock 0]

Re-post due to recent archive.

Well, on Monday my Mother in Law was denied a tourist Visa for the 3rd time. Unfortunately, she's a victim of stereotyping, and the consuls don't seem to have the latitude to consider individual circumstances. She's retired, widowed, and my wife is her only child, so the consul can't believe that she won't overstay her visa, even though she has no desire to live in the US. Unfortunately also lives in a country that has a high incidence of visa fraud. She owns property in her own country and rents out apartments, but the consul says she could be a landlord just as easily from the states. Very frustrating.

Anyway, have been reading through the requirements to bring her over on an immigrant visa, which seems to be the only way to get her here. I think I understand stuff, just would appreciate some confirmation from someone who knows:

1. I believe that I cannot sponsor my mother in law, that we have to wait until my wife completes naturalization, then she can sponsor?

2. I believe that as long as she does not intend to become a citizen, there are no residency requirements once my MIL gets her greencard? Once she gets her greencard, she can continue to live in her home country, and just come and go as she pleases to the US?

Just looking for verification. Still have a couple years before wifey becomes citizen, so have time, but want to be prepared.

[zyggy 9]

Re-post due to recent archive.

Well, on Monday my Mother in Law was denied a tourist Visa for the 3rd time. Unfortunately, she's a victim of stereotyping, and the consuls don't seem to have the latitude to consider individual circumstances. She's retired, widowed, and my wife is her only child, so the consul can't believe that she won't overstay her visa, even though she has no desire to live in the US. Unfortunately also lives in a country that has a high incidence of visa fraud. She owns property in her own country and rents out apartments, but the consul says she could be a landlord just as easily from the states. Very frustrating.

Anyway, have been reading through the requirements to bring her over on an immigrant visa, which seems to be the only way to get her here. I think I understand stuff, just would appreciate some confirmation from someone who knows:

1. I believe that I cannot sponsor my mother in law, that we have to wait until my wife completes naturalization, then she can sponsor?

2. I believe that as long as she does not intend to become a citizen, there are no residency requirements once my MIL gets her greencard? Once she gets her greencard, she can continue to live in her home country, and just come and go as she pleases to the US?

Just looking for verification. Still have a couple years before wifey becomes citizen, so have time, but want to be prepared.

1. Yes... Only your wife can sponsor her mother.

2. She can come and go as she pleases yes... However, she could run into inssues concerning abandonment. She must keep her primary domicile in the US, pay taxes in the US as a resident, have a DL in the US, in essence she needs to become a resident of the US... So no.. she can't use a GC as an end around in getting a B visa.

[Jasman0717 9]

It takes a very long time to bring family members here from the Philippines, in some cases over 20 years.

[kc456 0]

Yes, she can only petition when she becomes a citizen

* If you are a US Citizen you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:

o Husband or wife;

o Unmarried child under 21 years old;

o Unmarried son or daughter over 21;

o Married son or daughter of any age;

o Brother or sister, if you are at least 21 years old; or

o Parent, if you are at least 21 years old.

* If you are a lawful permanent resident you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:

o Husband or wife; or

o Unmarried son or daughter of any age.

I'm not sure about 20 years though, since parents of US citizens are considered immediate relatives and do not need to wait for a visa number to become available.

"The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by the USCIS."

[Yodrak 7]

Sherlock,

The consular officer is quite correct about being an absentee landlord.

1. Let's be careful to understand what we mean by 'sponsor'. You cannot petition for your mother-in-law, but you can join in sponsoring her financially as a household member of your wife.

2. As to the 'Green Card', maybe calling it by it's proper name would have saved you the need to ask this question. It's the Permanent Resident card, Permanent Resident being a status that means exactly what the term says - permanently resident. If Mom keeps her permanent residence in the Philippines rather than in the USA, as you indicate, she abandons her LPR status.

Yodrak

Re-post due to recent archive.

Well, on Monday my Mother in Law was denied a tourist Visa for the 3rd time. Unfortunately, she's a victim of stereotyping, and the consuls don't seem to have the latitude to consider individual circumstances. She's retired, widowed, and my wife is her only child, so the consul can't believe that she won't overstay her visa, even though she has no desire to live in the US. Unfortunately also lives in a country that has a high incidence of visa fraud. She owns property in her own country and rents out apartments, but the consul says she could be a landlord just as easily from the states. Very frustrating.

Anyway, have been reading through the requirements to bring her over on an immigrant visa, which seems to be the only way to get her here. I think I understand stuff, just would appreciate some confirmation from someone who knows:

1. I believe that I cannot sponsor my mother in law, that we have to wait until my wife completes naturalization, then she can sponsor?

2. I believe that as long as she does not intend to become a citizen, there are no residency requirements once my MIL gets her greencard? Once she gets her greencard, she can continue to live in her home country, and just come and go as she pleases to the US?

Just looking for verification. Still have a couple years before wifey becomes citizen, so have time, but want to be prepared.

[Cali Gal CPA 0]

It takes a very long time to bring family members here from the Philippines, in some cases over 20 years.

Is this true for parents as well? I read somewhere that parents don't have to wait for a visa #, and that processing takes about 6 months to a year.

[eau_xplain 2]

Parents of USCs are automatically granted immigrant visa #s. Processing time will depend on how quickly the service center can turn the I-130 around and send it to the embassy where the beneficiary is residing.

My sister in CA petitioned our parents and they received their notice to appear for interview at the US Embassy within 6 months. Don't know how long other service centers are taking.

[Cali Gal CPA 0]

Parents of USCs are automatically granted immigrant visa #s. Processing time will depend on how quickly the service center can turn the I-130 around and send it to the embassy where the beneficiary is residing.

My sister in CA petitioned our parents and they received their notice to appear for interview at the US Embassy within 6 months. Don't know how long other service centers are taking.

Thanks eau! I knew I read that somewhere. It does makes sense to expedite parents petition, I don't think old folks can wait 10-20 years to get approved.

[griffin 7]

parents of a US citizen are immedaite family , so no waiting for visa numbers...it runs around 6 to a year...