Filing I-130 for wife's mother. What to expect?

[Waiting_In_SC 28]

Hello, community. 

9 years ago this site was a huge help to me as we went through the adjustment of status process for my wife. Now, nine years later she is a US Citizen and doing very well here. 

 

She is interested in filing an I-130 for her mother. I'm just beginning to do the research, and figured I'd post here and see if anyone would share thoughts on what I should expect.

 

The pertinent info:
My wife is from Mexico. We married in April, 2012. She became a permanent resident in Oct, 2012. She became a US citizen in Dec 2019. 

 

We meet the financial requirements for sponsoring her mom if it is required. There is nothing in her mom's background that would be a hindrance to approval, ie. legal trouble, etc. Her mom lives very close to the US border, and has had a border crossing card for 15 or more years. She's always used it responsibly.

 

I can't think of anything else that would be important to know, but if you have questions, please don't hesitate to ask. I'd love to hear any thoughts you have, especially regarding timelines, suggestions for a smoother process, etc.

 

Thank you!

[Crazy Cat 42,145]

 

 

Edited July 1, 2021 by Lucky Cat

[Waiting_In_SC 28]

Thank you, @Lucky Cat!

[Waiting_In_SC 28]

I'm particularly interested in the difference in waiting time between filing while her mother is in Mexico, versus filing while she's here. 

[Crazy Cat 42,145]

Timelines are crazy right now.  

3 minutes ago, Waiting_In_SC said:

I'm particularly interested in the difference in waiting time between filing while her mother is in Mexico, versus filing while she's here. 

Where is her Mother right now?

Edited July 1, 2021 by Lucky Cat

[Waiting_In_SC 28]

Just now, Lucky Cat said:

Where is she right now?

She's in Mexico currently. However, the BCC allows her to come here and visit for up to six months. 

I know that if we file while she's here she can submit and adjustment of status application simultaneously, but we're not sure if that's the correct approach for us. 

If she stays in Mexico while the process is going, I'm wondering how much longer it will take. Also, I'm guessing that they will cancel her current visa when the application is processed, too.

[Crazy Cat 42,145]

6 minutes ago, Waiting_In_SC said:

She's in Mexico currently. However, the BCC allows her to come here and visit for up to six months. 

I know that if we file while she's here she can submit and adjustment of status application simultaneously, but we're not sure if that's the correct approach for us. 

If she stays in Mexico while the process is going, I'm wondering how much longer it will take. Also, I'm guessing that they will cancel her current visa when the application is processed, too.

She cannot enter the US as a visitor with the intent to stay and adjust status.  That is not a legal option.  Your wife will have to file an I-130 to start the process.  It could take a couple years from start to her Mother having an immigrant visa in hand.  Good luck.

 

Adjustment of Status is available only for individuals already inside the US.

Edited July 1, 2021 by Lucky Cat

[SusieQQQ 11,587]

6 minutes ago, Waiting_In_SC said:

She's in Mexico currently. However, the BCC allows her to come here and visit for up to six months. 

I know that if we file while she's here she can submit and adjustment of status application simultaneously, but we're not sure if that's the correct approach for us. 

If she stays in Mexico while the process is going, I'm wondering how much longer it will take. Also, I'm guessing that they will cancel her current visa when the application is processed, too.

With a solid history of responsible use of the border crossing card you indicated,  I see no reason why they would cancel her current visa during the process. Obviously, once she gets an immigrant visa her current visa will be cancelled.

 

As noted above she cannot enter the US with intent to adjust (and that is actually what could get her current visa cancelled). Some FOs are anyway very backlogged and there is no certainty at all that she would get a green card faster from adjusting in the country than by doing consular  processing. Moreover adjustment would require that at least until she gets an EAD and AP (and many report 6-8 months waiting currently) she cannot work or leave the US.  I’m personally not really seeing any advantage to doing AOS for her given she already has such easy access to visit.

[Waiting_In_SC 28]

9 minutes ago, Lucky Cat said:

She cannot enter the US as a visitor with the intent to stay and adjust status.  That is not a legal option.  Your wife will have to file an I-130 to start the process.  It could take a couple years from start to her Mother having an immigrant visa in hand.  Good luck.

 

Adjustment of Status is available only for individuals already inside the US.

 

Yeah.. I figured that was going to have to be the case.

 

 

1 minute ago, SusieQQQ said:

With a solid history of responsible use of the border crossing card you indicated,  I see no reason why they would cancel her current visa during the process. Obviously, once she gets an immigrant visa her current visa will be cancelled.

 

As noted above she cannot enter the US with intent to adjust (and that is actually what could get her current visa cancelled). Some FOs are anyway very backlogged and there is no certainty at all that she would get a green card faster from adjusting in the country than by doing consular  processing. Moreover adjustment would require that at least until she gets an EAD and AP (and many report 6-8 months waiting currently) she cannot work or leave the US.  I’m personally not really seeing any advantage to doing AOS for her given she already has such easy access to visit.

 

Thanks for the thoughts. I kind of figured her staying in Mexico was the right thing.. Thanks!

 

[SalishSea 18,102]

9 hours ago, Waiting_In_SC said:

I know that if we file while she's here she can submit and adjustment of status application simultaneously, but we're not sure if that's the correct approach for us. 

No, she cannot.  This is immigration fraud.  

[USC4SPOUSE 506]

@Waiting_In_SC, I suggest filing the I-130 online. USCIS has been approving them quickly lately. (1.5 to 3 months). Best wishes. 

[Waiting_In_SC 28]

40 minutes ago, USC4SPOUSE said:

@Waiting_In_SC, I suggest filing the I-130 online. USCIS has been approving them quickly lately. (1.5 to 3 months). Best wishes. 

That is encouraging news. Thank you!