USC petitioning for mom

[luvndr 0]

I am a usc through birth and my husband Just recently became a usc through naturalization. He wants to petition to bring his widowed mother here and eventually apply for a green card for her.  I understand we have to petition for her first with the I130 but I have seen that you can apply for both the I130 and 435 concurrently. Even though she lives in the Dominican Republic, she has a visitor visa good for ten years. Can we apply concurrently and then if she gets an appointment here, just fly her out here on her visitor visa? Or should we apply for the petition first, wait to be approved and then apply for her green card?

[payxibka 10,047]

3 minutes ago, luvndr said:

I am a usc through birth and my husband Just recently became a usc through naturalization. He wants to petition to bring his widowed mother here and eventually apply for a green card for her.  I understand we have to petition for her first with the I130 but I have seen that you can apply for both the I130 and 435 concurrently. Even though she lives in the Dominican Republic, she has a visitor visa good for ten years. Can we apply concurrently and then if she gets an appointment here, just fly her out here on her visitor visa? Or should we apply for the petition first, wait to be approved and then apply for her green card?

She is in DR.  No i485.  Not eligible.   She must interview at the consulate for a Visa .  Once visa is approved,  she will be eligible for green card immediately upon entry 

Edited September 19, 2019 by payxibka

[luvndr 0]

I guess I am confused now. So even if she has a visitor visa that we petitioned for when my husband had a green card, she has to apply for a different visa at the consulate? We can’t do the i130? Which visa would she need to apply for?

[Boiler 46,017]

1 130 will produce an immigrant visa, she wants to immigrate not visit.

[payxibka 10,047]

1 minute ago, luvndr said:

I guess I am confused now. So even if she has a visitor visa that we petitioned for when my husband had a green card, she has to apply for a different visa at the consulate? We can’t do the i130? Which visa would she need to apply for?

The approved i130 petition will result in the ability for her to apply for an IR (immediate relative) visa 

[Crazy Cat 42,199]

Just now, luvndr said:

I guess I am confused now. So even if she has a visitor visa that we petitioned for when my husband had a green card, she has to apply for a different visa at the consulate? We can’t do the i130? Which visa would she need to apply for?

Your husband needs to submit the I-130.  After approval, and NVC action, she will complete her medical and interview in DR.  At that point, the consulate can issue the visa............

[luvndr 0]

Ok, so just to clarify because this is all confusing for me...we should apply for the I130 first and then go from there? This is because we want her to live here with us. I did all of my husbands paperwork when he  went from a fiancé to green card holder to USC, and this new stuff with his mom is even way more confusing!!!

[payxibka 10,047]

1 minute ago, luvndr said:

Ok, so just to clarify because this is all confusing for me...we should apply for the I130 first and then go from there? This is because we want her to live here with us. I did all of my husbands paperwork when he  went from a fiancé to green card holder to USC, and this new stuff with his mom is even way more confusing!!!

It's actually simpler.   Your husband arrived as a nonimmigrant and required status adjustment.   Mom will arrive as an immigrant. 

[Boiler 46,017]

I would start by reading the guides, or let him read them.

[luvndr 0]

Thank you everyone