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Posted

Hi,

 

I am an American citizen, and married my Chinese wife.  She is now a citizen of the USA, yay!  Her mother (my mother-in-law) is in the States now on a tourist visa for 6 months (started in the end of December).  anyways, with the outbreak of the coronavirus, my mother-in-law wants to apply for her green card.   My wife makes more than enough money to pass through the minimum requirements for money to be made to support her via our tax returns.  

 

My question is, how much time does it usually take for a citizen's mother to get her green card?  I have read from 3 months to several years.  My mother-in-law is with us now in the States, on a six month tourist visa.  One website stated 6 months, give or take.

 

Anyways, any answers regarding your own experiences would be greatly appreciated.

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)
11 minutes ago, Jelly_Belly said:

Hi,

 

I am an American citizen, and married my Chinese wife.  She is now a citizen of the USA, yay!  Her mother (my mother-in-law) is in the States now on a tourist visa for 6 months (started in the end of December).  anyways, with the outbreak of the coronavirus, my mother-in-law wants to apply for her green card.   My wife makes more than enough money to pass through the minimum requirements for money to be made to support her via our tax returns.  

 

My question is, how much time does it usually take for a citizen's mother to get her green card?  I have read from 3 months to several years.  My mother-in-law is with us now in the States, on a six month tourist visa.  One website stated 6 months, give or take.

 

Anyways, any answers regarding your own experiences would be greatly appreciated.

As she is already in the US, she is able to apply for adjustment of status .. takes 12-18 months ... but she can stay in the US while it is being processed. She cannot work or travel internationally until it is approved unless she applies for the travel and work authorisation cards . If she leaves the US before it is approved , it will be deemed abandoned and she will not be allowed to enter. Or your wife can apply using the I130 from her mother .. she must return to her country before the time allowed for this visit is over .. and complete the IR 5 process from there. 12-15 months roughly from filing the 130

Edited by Lil bear
Posted (edited)

Ok, my mother-in-law does not need to obtain a work visa (she is retired, and has a pension), just the green card.  So, would it be better that my wife apply for her with the 1130 (during this time, does she have to sit in the US or China, or can go back and forth?), as my mother-in-law doesn't really want to stay here for the duration of 12-18 months?  She has no problem going back and forth.  Thanks!

Edited by Jelly_Belly
Filed: Citizen (apr) Country: Canada
Timeline
Posted
6 minutes ago, Jelly_Belly said:

Ok, my mother-in-law does not need to obtain a work visa (she is retired, and has a pension), just the green card.  So, would it be better that my wife apply for her with the 1130, as my mother-in-law doesn't really want to stay here for the duration of 12-18 months?  She has no problem going back and forth.  Thanks!

If she doesn't want to stay until AOS is completed then the I-130 is the best option.

AOS

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Filed: K-1 Visa Country: Wales
Timeline
Posted
6 minutes ago, Jelly_Belly said:

Ok, my mother-in-law does not need to obtain a work visa (she is retired, and has a pension), just the green card.  So, would it be better that my wife apply for her with the 1130, as my mother-in-law doesn't really want to stay here for the duration of 12-18 months?  She has no problem going back and forth.  Thanks!

Then she needs to go through Consular Processing, takes a year or so.

 

Presumably your wife is comfortable with the costs involved, medical insurance for those getting on a bit is not cheap.

“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
2 hours ago, Jelly_Belly said:

Ok, my mother-in-law does not need to obtain a work visa (she is retired, and has a pension), just the green card.  So, would it be better that my wife apply for her with the 1130 (during this time, does she have to sit in the US or China, or can go back and forth?), as my mother-in-law doesn't really want to stay here for the duration of 12-18 months?  She has no problem going back and forth.  Thanks!

Well since the current ban on Chinese nationals traveling to the USA she can't travel back and forth. So it looks like it would have to be AOS

Filed: Citizen (apr) Country: Romania
Timeline
Posted
3 hours ago, Jelly_Belly said:

anyways, with the outbreak of the coronavirus, my mother-in-law wants to apply for her green card.

Then why she wants to travel back and forth? Looks like the corona virus has nothing to do with the case.

 

If she applies for Advance Parole (and approved before she leaves) and the ban is lifted then she can travel back and forth

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
18 hours ago, databit said:

Boiler is right. Figure $1,000 per month for her private health insurance. 

And another $1000 a month for the deductible. $24K all in per year. And climbing rapidly. 

Posted

Thanks for the replies.

 

Essentially, she wants to get a green card down the road, however, at the present time, she is worried about being able to go back to China at the end of her visa, as it is dependent on the situation.  She would like to wait here, if possible, for 6-8 months, but doesn't really want to wait a year before she can go back.  

 

In addition, what are the costs of medical insurance?  I have no idea.  Does my wife have to pay for her medical insurance while she is here waiting, or would it be better that she just apply in China?

 

Lastly, if she applies in China, could she still travel back and forth on her current visa, which allows her to do so (6 months per year)?

 

Thank you all for your answers!

Filed: K-1 Visa Country: Wales
Timeline
Posted

Does not seem you have thought this through, I would start by seeing if it is even practical.

“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 (edited)

I just wish for the options, as my father-in-law is now stuck in China due to the coronavirus, which the lockdown just happened this previous week.  As a result, circumstances have changed dramatically.  Thank you for your relevant comment.

 

Do I need to contact USCIS directly due to the circumstances, or do any of you have any relevant ideas?  Thanks!

Edited by Jelly_Belly
Posted

We understand you want options, but a green card is not some sort of super visa. It has particular conditions attached. If your mother in law is not prepared to put down roots now, and if you haven’t for example been budgeting the thousand plus per month needed for insurance (yes she’ll need it while she’s waiting - what if something happens? Travel insurance won’t cover her if she’s a resident) then filing for a green card is not a suitable option.
 

Hopefully the travel lockdowns will resolve relatively soon.

Posted
9 minutes ago, Jelly_Belly said:

In addition, what are the costs of medical insurance?  I have no idea.  Does my wife have to pay for her medical insurance while she is here waiting, or would it be better that she just apply in China?

 

Your wife doesn't have to pay for her mother's insurance but someone has to pay for sure. It is very risky to stay in the USA without insurance even if she has a perfect health.

And I don't think that she can purchase insurance from China if she is gonna stay in the USA. Usually this type of travel insurances doesn't cover ppl who live abroad.

 
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