Filing for Parents, Better in US or home country?

[skidroe 0]

My wife wants to file for her parents, she's a dual US & Philippines citizen. We're currently living in the Philippines but plan on going back to the US next April for a while and bringing her parents with us, they currently have a 10 year multiple entry visitor visa. We're beginning to gather all the required documents while we're still in the Philippines but are wondering which would be better, apply here before we leave or after we arrive in the US?

Edited June 10, 2021 by skidroe

[HRQX 4,145]

29 minutes ago, skidroe said:

but are wondering which would be better, apply here before we leave or after we arrive in the US?

The two I-130 petitions can be filed online while anywhere in the world: https://www.uscis.gov/i-130 Her parents must interview in Manila since preconceived intent to adjust status is illegal with B-2 visa. See INA 212(a)(7)(A)(i)(I) and INA 214(b).

Edited June 10, 2021 by HRQX

[Chancy 6,243]

17 minutes ago, skidroe said:

My wife wants to file for her parents, she's a dual US & Philippines citizen. We're currently living in the Philippines but plan on going back to the US next April for a while and bringing her parents with us, they currently have a 10 year multiple entry visitor visa. We're beginning to gather all the required documents while we're still in the Philippines but are wondering which would be better, apply here before we leave or after we arrive in the US?

 

Your wife may file the I-130 petition from anywhere.  It won't be better or worse if she files while living in the Philippines than in the US.  After the petitions are approved, she will need to submit proof of US domicile to meet the requirement for the I-864.

 

Her parents can visit the US with their tourist visas, but they cannot use it to enter with intent to stay and adjust status.  That would be visa fraud.  They should complete consular processing of their IR5 visas at the US embassy in Manila.

 

[skidroe 0]

1 hour ago, HRQX said:

The two I-130 petitions can be filed online while anywhere in the world: https://www.uscis.gov/i-130 Her parents must interview in Manila since preconceived intent to adjust status is illegal with B-2 visa. See INA 212(a)(7)(A)(i)(I) and INA 214(b).

They've already been to the US before and will be going to help take care of our baby and also to visit another son of theirs in the US. The trip is going to happen even if we decide not to process the I-5 for them. Also it's April of 2022 a year from now is the time frame we're talking about, mostly just gathering information at this point.

[Just Paul 4,595]

5 hours ago, skidroe said:

They've already been to the US before and will be going to help take care of our baby

Ba careful saying that.  Even tho they aren't "paid", USCIS does consider that to be "work".  

 

File the I-130s now to get the ball rolling.  If they happen to be in the US and the priority date is current they can adjust.   Also note the cost of healthcare for them as they won't be able to use medicare or work until getting and EAD.