I-130 petition

[MDD 1]

Hi all,

 

I’d like to start applying for the green card for my mom. I have two potential routes. I wanted to ask which one would be faster? 
 

Option 1. File I-130, wait for the approval and have her go through consular filing afterwards. She lives in Ukraine. Quick questions: 

 

a) is translation of documents sufficient when done by someone by lingual? Not professional translation services? And question there - are electronic signatures by translator acceptable?

b) when going to the interview, my mom needs to have affidavit of support, I-864. Do I prepare that in advance and mail through FedEx to her? 
 

 

Option 2. File I-130 and I-485 concurrently. She has b-2 visa and could come stay with us for up to 6 months. If we were to do that, what happens if the forms are not approved within 6 months? Can she leave the country and come back here? Does she need to notify USCIS in that case? 
 

 

is option 2 typical faster than option 1? For my mom, option 1 is probably preferred but I wanted to weigh all options we have. I’d love to hear from those who have experience with this. 

[Redro 4,611]

17 minutes ago, marina d said:

Hi all,

 

I’d like to start applying for the green card for my mom. I have two potential routes. I wanted to ask which one would be faster? 
 

Option 1. File I-130, wait for the approval and have her go through consular filing afterwards. She lives in Ukraine. Quick questions: 

 

a) is translation of documents sufficient when done by someone by lingual? Not professional translation services? And question there - are electronic signatures by translator acceptable?

b) when going to the interview, my mom needs to have affidavit of support, I-864. Do I prepare that in advance and mail through FedEx to her? 
 

 

Option 2. File I-130 and I-485 concurrently. She has b-2 visa and could come stay with us for up to 6 months. If we were to do that, what happens if the forms are not approved within 6 months? Can she leave the country and come back here? Does she need to notify USCIS in that case? 
 

 

is option 2 typical faster than option 1? For my mom, option 1 is probably preferred but I wanted to weigh all options we have. I’d love to hear from those who have experience with this. 

There is no fast route to the US and only Option 1 is open to you. 

First you submit the I-130 with USCIS. Then you'll wait for the case to be approved. After it will go to NVC and thats when you upload the I-864. 

The whole process is currently taking 1.5-2 years.

 

Option 2 is immigration fraud. If you ever complain about friends or family not being able to get the B2 to come visit you.Be aware its because tourists come over to the US with the intention of staying. The US doesn't like that. 

 

As your mom already has a tourist visa she can visit you while she waits for the visa to be approved. 

Edited February 14, 2022 by Kor2USA

[MDD 1]

13 minutes ago, Kor2USA said:

There is no fast route to the US and only Option 1 is open to you. 

First you submit the I-130 with USCIS. Then you'll wait for the case to be approved. After it will go to NVC and thats when you upload the I-864. 

The whole process is currently taking 1.5-2 years.

 

Option 2 is immigration fraud. If you ever complain about friends or family not being able to get the B2 to come visit you.Be aware its because tourists come over to the US with the intention of staying. The US doesn't like that. 

 

As your mom already has a tourist visa she can visit you while she waits for the visa to be approved. 

Thanks for your reply. You must have misunderstood me. In option 2, I wasn’t saying my mom would overstay her allowed time. I said she’d leave the country as required. I don’t complain about any friends or family not being able to visit because that’s not the case for me. I saw several posts where people have parents staying on Tourist visa while applying for I-485. So I asked. 
 

I don’t think we need to go further here. I appreciate your response about option 1 and letting me know when I-864 is uploaded. 

[Boiler 45,524]

Option 1 is your only option

[JeanneAdil 6,510]

51 minutes ago, marina d said:

Thanks for your reply. You must have misunderstood me. In option 2, I wasn’t saying my mom would overstay her allowed time. I said she’d leave the country as required. I don’t complain about any friends or family not being able to visit because that’s not the case for me. I saw several posts where people have parents staying on Tourist visa while applying for I-485. So I asked. 
 

I don’t think we need to go further here. I appreciate your response about option 1 and letting me know when I-864 is uploaded. 

By filing I 485 and the I 130 while she is here ,  you are applying for her adjustment of status from the B1 visa and to plan this is immigration fraud 

after sending those forms in, a person can not leave till they are approved 

 

so, plan 1 is your only option

[Unlockable 7,314]

1 hour ago, marina d said:

Thanks for your reply. You must have misunderstood me. In option 2, I wasn’t saying my mom would overstay her allowed time. I said she’d leave the country as required. I don’t complain about any friends or family not being able to visit because that’s not the case for me. I saw several posts where people have parents staying on Tourist visa while applying for I-485. So I asked. 
 

I don’t think we need to go further here. I appreciate your response about option 1 and letting me know when I-864 is uploaded. 

She can't stay in the US on a B visa. Option 1 is your only choice. 

[SalishSea 17,834]

5 hours ago, marina d said:

I saw several posts where people have parents staying on Tourist visa while applying for I-485.

It is immigration fraud to enter on a B visa with the intent to stay and adjust status.  It is illegal.  Do not do it.

[ovi666 7]

Guys I need some understanding on this topic. Why does something like AOS exists when ethically (not legally) it is an immigration fraud?

Case 1: Mr. A enters US to see his wife on a B1/B2 visa with an intent of going back in 3 months. After 3 months he decides for AOS since he changed his mind and doesn't wanna go back.

Case 2: Mr. A enters US to see his wife on a B1/B2 visa with an intent of AOS. After 3 months he applies for AOS.

In both the above scenarios, we will call Case 1 as completely justified (because there was no intent) and Case 2 as immigration fraud right (Because there was an intent)?

[arken 4,197]

51 minutes ago, ovi666 said:

Guys I need some understanding on this topic. Why does something like AOS exists when ethically (not legally) it is an immigration fraud?

Case 1: Mr. A enters US to see his wife on a B1/B2 visa with an intent of going back in 3 months. After 3 months he decides for AOS since he changed his mind and doesn't wanna go back.

Case 2: Mr. A enters US to see his wife on a B1/B2 visa with an intent of AOS. After 3 months he applies for AOS.

In both the above scenarios, we will call Case 1 as completely justified (because there was no intent) and Case 2 as immigration fraud right (Because there was an intent)?

A simple analogy:

Case 1: Mr. A is parking his car in front a store but accidentally hits the accelerator in place of brakes, smashes the glass wall and injures Mr B inside. 
 

Case 2: Mr A has a spat with Mr B wants to injure or kill him. He sees Mr B in the store so he smashes his car into the store hitting him.

 

Case 1 doesn't result in Mr A going to jail while Case 2 does due to the intent.

 

Uscis probably gave leeway for such unintentional plan of staying in the US because things happen or plans change but people have misused that for sure when they bring the birth certificate, any divorce certificate, educational certificates when they visit US on B2 visa.

 

 

Edited February 14, 2022 by arken

[Redro 4,611]

1 hour ago, ovi666 said:

Guys I need some understanding on this topic. Why does something like AOS exists when ethically (not legally) it is an immigration fraud?

Case 1: Mr. A enters US to see his wife on a B1/B2 visa with an intent of going back in 3 months. After 3 months he decides for AOS since he changed his mind and doesn't wanna go back.

Case 2: Mr. A enters US to see his wife on a B1/B2 visa with an intent of AOS. After 3 months he applies for AOS.

In both the above scenarios, we will call Case 1 as completely justified (because there was no intent) and Case 2 as immigration fraud right (Because there was an intent)?

Real life examples. 

Case 1:  Mr A enters the US to see his wife on a B1/B2 visa. He is planning on returning to his country after 3 months but then COVID hits. He decides to stay in the US and AOS. If he doesn't AOS he will overstay his visa because there are no flights to his country. His country has closed their borders.

In this scenario, we understand circumstances change. 

 

Case 2: Mr A enters the US and tells CBP he wants to visit his wife. But, he has quit his job, sold his house, closed his bank accounts and brought all his important documents like birth certificate, divorce certificates and clothes to the US. He thinks he doesn't have to follow the normal procedures and apply for an immigrant visa through the consulate. 

 

In Case 2, Mr A will be denied entry by CBP if they think he is lying about just visiting his wife. He won't be able to visit his wife while he goes through consular processing and he makes it harder for people from his country to obtain B visas because the US thinks everyone with a USC spouse wants to live in the US. 

Edited February 14, 2022 by Kor2USA

[Unlockable 7,314]

Adjustment of status was intended for people who did not preplan to use non-immigrant visas to immigrate but needed to stay due to sometimes uncontrollable circumstances. 

 

A B2 visa is a non-immigrant visa. It literally in the name... non immigrant. Meaning it is not meant to immigrate.

 

So why does the AOS happen? It is because there are many situations where foreigners come and end up having to stay because their circumstances have changed.

 

For example, say a foriegn female comes to visit the US for the summer. She is here for 3 months. Right before she leaves, she finds out she is pregnant. She is happy but now she has to return to her home country. So her and her US citizen boyfriend decide to get married and adjust her status so she can stay in the US and start their family. Those types of situation is what AOS was made for.

 

The second scenario is a couple is trying to immigrate. They realize that the wait times is very long to get the visa to immigrate. They don't want to wait and do it the right way  So they decide to use a B visa by pretending to only be visiting. Then once they are in the US they will AOS which bypasses the normal process wait times. That is fraud!

 

And in case the second scenario isn't enough to convince you it is wrong, when a foriegner enters the US they are presenting themself as a visitor under the US law and the requirements of that visa. Meaning if they have have any other reason for entering the US other than the reason for the visa, they would be lying or misrepresenting. When a foreigner is using a B2 visa they do so as only a visitor, not as an immigrant.

 

The AoS was never intended as faster option for foreigners to immigrate. It just started getting abused by some foreigners who have non-immigrant visas to bypass immigration processes. 

[ovi666 7]

35 minutes ago, Kor2USA said:

Real life examples. 

Case 1:  Mr A enters the US to see his wife on a B1/B2 visa. He is planning on returning to his country after 3 months but then COVID hits. He decides to stay in the US and AOS. If he doesn't AOS he will overstay his visa because there are no flights to his country. His country has closed their borders.

In this scenario, we understand circumstances change. 

 

Case 2: Mr A enters the US and tells CBP he wants to visit his wife. But, he has quit his job, sold his house, closed his bank accounts and brought all his important documents like birth certificate, divorce certificates and clothes to the US. He thinks he doesn't have to follow the normal procedures and apply for an immigrant visa through the consulate. 

 

In Case 2, Mr A will be denied entry by CBP if they think he is lying about just visiting his wife. He won't be able to visit his wife while he goes through consular processing and he makes it harder for people from his country to obtain B visas because the US thinks everyone with a USC spouse wants to live in the US. 

Hmm. I believe the US should come up with something like a Temporary Spouse Visitor visa, which would enable us to visit our spouses and come back, and on that Visa one wouldn't be able to adjust status or something like that. That way we would easily visit our spouses & come back till we actually immigrate. 

[Redro 4,611]

2 minutes ago, ovi666 said:

Hmm. I believe the US should come up with something like a Temporary Spouse Visitor visa, which would enable us to visit our spouses and come back, and on that Visa one wouldn't be able to adjust status or something like that. That way we would easily visit our spouses & come back till we actually immigrate. 

I agree. I would be fine with a Spouse visitor visa that does not allow the spouse to AOS. 

My friends are all shocked I cannot visit the US (my B2 expired) because they all have ESTA so it is very easy for them to go back and forth. 

[Crazy Cat 41,884]

7 hours ago, ovi666 said:

Hmm. I believe the US should come up with something like a Temporary Spouse Visitor visa, which would enable us to visit our spouses and come back, and on that Visa one wouldn't be able to adjust status or something like that. That way we would easily visit our spouses & come back till we actually immigrate. 

I agree.  The law needs to be changed to stop abuse.  

[Ahtafoli 0]

On 2/13/2022 at 7:33 PM, Kor2USA said:

There is no fast route to the US and only Option 1 is open to you. 

First you submit the I-130 with USCIS. Then you'll wait for the case to be approved. After it will go to NVC and thats when you upload the I-864. 

The whole process is currently taking 1.5-2 years.

 

Option 2 is immigration fraud. If you ever complain about friends or family not being able to get the B2 to come visit you.Be aware its because tourists come over to the US with the intention of staying. The US doesn't like that. 

 

As your mom already has a tourist visa she can visit you while she waits for the visa to be approved. 

Hi, ok..here is my confusion…why is it immigration fraud if my intent is not to stay in the country ilegally..but I do want to come on a tourist visa and if it happens that my i-130 gets approved while I am there then I would like to file for status adjustment while Im still there. If my i-130 doesn’t get approved then I plan to leave the country as stated on my visa. I don’t see how that is fraud. But I can definitely say that they will not grant tourist visas if you filed for i-130. My husband got denied that way. Which I understand there is a k3 for that but they don’t unfortunately grant those so I don’t know why families are being punished for wanting to visit each other but someone who wants to tour the country for fun is more than welcome..hmm..