I-130 for mother

[misenlai 0]

Hi, my wife wants to petition for her mom to come over.  She got her citizenship 6 months ago I assume that is ok?  My understanding is that I need to file i-130 form.  In the past when I petitioned for her to come over based on marriage I was using a lawyer.  We are trying to cut cost and doing it ourself this time as our lawyered quoted us $1700 .  I hope it is not too bad...  I would appreciate any advice you guys can provide.  I heard the estimated wait time is 1 year.  I've been reading a bit.  Something confusing me is the new rule on Public Charge.  Her mom has a low income where she's coming from.  Would that be a problem?  This is for Vietnam if it helps.  Thanks again.

 

 

[Liam2021 587]

26 minutes ago, misenlai said:

Hi, my wife wants to petition for her mom to come over.  She got her citizenship 6 months ago I assume that is ok?  My understanding is that I need to file i-130 form.  In the past when I petitioned for her to come over based on marriage I was using a lawyer.  We are trying to cut cost and doing it ourself this time as our lawyered quoted us $1700 .  I hope it is not too bad...  I would appreciate any advice you guys can provide.  I heard the estimated wait time is 1 year.  I've been reading a bit.  Something confusing me is the new rule on Public Charge.  Her mom has a low income where she's coming from.  Would that be a problem?  This is for Vietnam if it helps.  Thanks again.

 

 

I-130 for parent is really simple in compared to I-130 for spouse. Since you already go through the process one, why not a "do it yourself" this time?.

[Dashinka 24,747]

You can start with the Guides above.  Yes, your wife just needs to file the I130 and also have a copy of her birth certificate.  As to the public charge rule, I am not sure what that will be in a year or so.

 

Good Luck!

 

 

[Crazy Cat 42,160]

36 minutes ago, misenlai said:

My understanding is that I need to file i-130 form. 

Your wife files the I-130 for her mother.  I certainly would not waste the money hiring an attorney.

Edited January 11, 2021 by Lucky Cat

[Boiler 45,982]

3 minutes ago, Dashinka said:

You can start with the Guides above.  Yes, your wife just needs to file the I130 and also have a copy of her birth certificate.  As to the public charge rule, I am not sure what that will be in a year or so.

 

Good Luck!

 

 

I am assuming the I 944 will go, should know fairly soon.

 

Usually the big issue is being able to fund an elderly parent,.

[aaron2020 11,651]

1 hour ago, misenlai said:

Hi, my wife wants to petition for her mom to come over.  She got her citizenship 6 months ago I assume that is ok?  My understanding is that I need to file i-130 form.  In the past when I petitioned for her to come over based on marriage I was using a lawyer.  We are trying to cut cost and doing it ourself this time as our lawyered quoted us $1700 .  I hope it is not too bad...  I would appreciate any advice you guys can provide.  I heard the estimated wait time is 1 year.  I've been reading a bit.  Something confusing me is the new rule on Public Charge.  Her mom has a low income where she's coming from.  Would that be a problem?  This is for Vietnam if it helps.  Thanks again.

 

 

Chao.

 

Follow the Guides on VJ.  It's very simple for your USC wife to file the I-130 for her mom. 

On VJ, you need to be precise so we can understand the situation correctly.  As the son-in-law, you will not be filing the I-130; it's your wife who will file the I-130 for her mom.

 

President-elect Biden has stated that he will reverse the public charge rule.  

It's form DS-5040 for the public charge determination for US embassies and consulates.  It's form I-944 for adjustment of status inside the US.  

[misenlai 0]

29 minutes ago, aaron2020 said:

Chao.

 

Follow the Guides on VJ.  It's very simple for your USC wife to file the I-130 for her mom. 

On VJ, you need to be precise so we can understand the situation correctly.  As the son-in-law, you will not be filing the I-130; it's your wife who will file the I-130 for her mom.

 

President-elect Biden has stated that he will reverse the public charge rule.  

It's form DS-5040 for the public charge determination for US embassies and consulates.  It's form I-944 for adjustment of status inside the US.  

 

So she doesn't need to do DS-5040 and I-944? She just need to do I-130?  She's not working but we file tax jointly.  I assume she can use the household income as affidavit for support?

[carmel34 3,651]

6 minutes ago, misenlai said:

 

So she doesn't need to do DS-5040 and I-944? She just need to do I-130?  She's not working but we file tax jointly.  I assume she can use the household income as affidavit for support?

At this point, it's just the I-130 to start the process plus required documents, see the guide.  At the NVC stage and eventual visa interview the issue of financial support and documentation from the sponsors will be required.  Do your research on health insurance for elderly parents, so you know what the costs are as this can be very expensive depending on her age.  Good luck!

[HRQX 4,145]

16 minutes ago, misenlai said:

So she doesn't need to do DS-5040 and I-944? She just need to do I-130?

Just the I-130 filed by your wife to start the process.

1 hour ago, Boiler said:

I am assuming the I 944 will go, should know fairly soon.

*DS-5540 is the one relevant for IV cases and that would also likely be removed by the incoming Administration. Also DOS public charge rule is not currently in force: https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

16 minutes ago, misenlai said:

She's not working but we file tax jointly.  I assume she can use the household income as affidavit for support?

That's later during NVC step.

Edited January 11, 2021 by HRQX

[misenlai 0]

5 minutes ago, carmel34 said:

At this point, it's just the I-130 to start the process plus required documents, see the guide.  At the NVC stage and eventual visa interview the issue of financial support and documentation from the sponsors will be required.  Do your research on health insurance for elderly parents, so you know what the costs are as this can be very expensive depending on her age.  Good luck!

 

oh god.  Are they requiring us to insure her before granting her visa to U.S?  Or is it just a recommended subject?

[HRQX 4,145]

43 minutes ago, misenlai said:

oh god.  Are they requiring us to insure her before granting her visa to U.S?  Or is it just a recommended subject?

There is currently a proclamation on IV entry based on health insurance: https://www.federalregister.gov/documents/2019/10/09/2019-22225/suspension-of-entry-of-immigrants-who-will-financially-burden-the-united-states-healthcare-system-in

It was upheld by a federal appellate court: https://www.courthousenews.com/wp-content/uploads/2020/12/Ruling.pdf

 

Unknown if the President-elect will end that specific proclamation. Even if not ended, after entry to the US with the IV her mother could still sign up for ACA subsidies if eligible. The proclamation is specifically about US entry.

Edited January 11, 2021 by HRQX

[aaron2020 11,651]

9 hours ago, misenlai said:

 

oh god.  Are they requiring us to insure her before granting her visa to U.S?  Or is it just a recommended subject?

A person can not get insurance before immigrating to the US. 

Under current laws, a potential immigrant must be able to show she will be able to afford health insurance or afford to pay for her healthcare after she immigrates to the US in order to qualify for an immigration visa.  President Biden has indicated that he will reverse this requirement.  

 

Health insurance is something that you and your wife need to consider.  Your MIL will not qualify for Medicare unless she works for 10 years or buys into Medicare. MIL could qualify for Obamacare.  

[misenlai 0]

26 minutes ago, aaron2020 said:

A person can not get insurance before immigrating to the US. 

Under current laws, a potential immigrant must be able to show she will be able to afford health insurance or afford to pay for her healthcare after she immigrates to the US in order to qualify for an immigration visa.  President Biden has indicated that he will reverse this requirement.  

 

Health insurance is something that you and your wife need to consider.  Your MIL will not qualify for Medicare unless she works for 10 years or buys into Medicare. MIL could qualify for Obamacare.  

 

She doesn't have much income.  But I assume worst case I can demonstrate I pay for it and that would be ok.  Obamacare would hopefully be better than private cost of like $1000 a month.

[Boiler 45,982]

6 hours ago, misenlai said:

 

She doesn't have much income.  But I assume worst case I can demonstrate I pay for it and that would be ok.  Obamacare would hopefully be better than private cost of like $1000 a month.

That depends how old she is, And of course what level of cover she needs, I think OCare for a 65 year old around me is about 500pm for a basic plan, but goes up if you need better cover.

 

And of course presumably the intent is for her to stay and live a long time, costs go up. And as we all know even the widest Insurance plan does not cover everything by a long stretch.

Edited January 12, 2021 by Boiler

[ProbeGT 47]

5 minutes ago, Boiler said:

That depends how old she is, And of course what level of cover she needs, I think OCare for a 65 year old around me is about 500pm for a basic plan, but goes up if you need better cover.

 

And of course presumably the intent is for her to stay and live a long time, costs go up. And as we all know even the widest Insurance plan does not cover everything by a long stretch.

It depends on the type of plan (HMO, POS, PPO) and your local market.  The same plan can vary by hundreds of dollars in different zip codes.  The subsidy websites are not particularly accurate with regards to GC holders getting Obamacare/ACA