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nswapnak

Death of Primary beneficiary on pending FB GC consular processing

By nswapnak in Bringing Family Members of US Citizens to America

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nswapnak Newbie

nswapnak   0

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Hi,

I am a US citizen who filed GC(I-130) for my parents in Feb 2022 and opted for consular processing. My Dad passed away unexpectedly in March. I would like to understand what options I have now

1. Should I notify the USCIS office in Delhi about this development and will they continue my Mom's app as she is a derivative or do I need to file a new one ?

2. Can I bring her to US on B1/B2 (she has valid for 2 more years) and then change the petition to AOS ? Can she travel back to India while the petition is in progress ?

3. Or should I leave her app as is in consular processing but have her travel with me right now on B1/B2 and have her return back to India after few months ?

Please advise.

Redro Experienced

Redro   4,611

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Posted (edited)
7 minutes ago, nswapnak said:

Hi,

I am a US citizen who filed GC(I-130) for my parents in Feb 2022 and opted for consular processing. My Dad passed away unexpectedly in March. I would like to understand what options I have now

1. Should I notify the USCIS office in Delhi about this development and will they continue my Mom's app as she is a derivative or do I need to file a new one ?

2. Can I bring her to US on B1/B2 (she has valid for 2 more years) and then change the petition to AOS ? Can she travel back to India while the petition is in progress ?

3. Or should I leave her app as is in consular processing but have her travel with me right now on B1/B2 and have her return back to India after few months ?

Please advise.

Your question is not in the correct forum. 

Did you apply for your parents while you were an LPR? I was under the assumption parents of US citizens were immediate relatives and derivative status was not allowed?(you need to file separate petitions for each parent). 

You cannot have your mom fly to the US on an B2 with the intention of adjusting... that is immigration fraud. 

 

 

Edited by ROK2USA
Crazy Cat Grand Master

Crazy Cat   42,112

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Filed: Citizen (apr) Country: Taiwan
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Your mother is not a derivative.  You should have filed a separate I-130 for her.  She cannot enter the US via a B2 with the intent to stay and adjust status. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   42,112

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Filed: Citizen (apr) Country: Taiwan
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Posted

***Moved to Bring Family Members of US Citizens to America*****

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Boiler Grand Master

Boiler   45,952

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Filed: K-1 Visa Country: Wales
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Posted

Have you filed an I 130 for your Mother?

“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.”

nswapnak Newbie

nswapnak   0

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Sorry I might have used incorrect terminology. Yes, I filed I-130 for my Mom and Dad and paid 2 separate fees. She was listed as my Dad's  dependent on his application and that's what I meant. I just want to confirm if she can travel with me now to the US for a few months with a return ticket and return back to India after 3-4 months without affecting her GC case file. We don't have any intention of changing her GC application to AOS while she is in the US and would like to continue the consular processing as is. Thanks so much for all the responses.

SalishSea Grand Master

SalishSea   18,094

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Filed: Lift. Cond. (apr) Country: New Zealand
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Posted
On 4/25/2022 at 10:32 AM, nswapnak said:

She was listed as my Dad's  dependent on his application and that's what I meant.

This isn't a thing.

 

As everyone keeps telling you, she has her own separate petition.

On 4/25/2022 at 10:32 AM, nswapnak said:

We don't have any intention of changing her GC application to AOS while she is in the US and would like to continue the consular processing as is

You already admitted that you want to do this.  It is immigration fraud.  She may well be turned away for immigrant intent (which she clearly has) and now lack of ties to home.

 

 

aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted
On 4/25/2022 at 8:16 AM, nswapnak said:

Hi,

I am a US citizen who filed GC(I-130) for my parents in Feb 2022 and opted for consular processing. My Dad passed away unexpectedly in March. I would like to understand what options I have now

1. Should I notify the USCIS office in Delhi about this development and will they continue my Mom's app as she is a derivative or do I need to file a new one ?

2. Can I bring her to US on B1/B2 (she has valid for 2 more years) and then change the petition to AOS ? Can she travel back to India while the petition is in progress ?

3. Or should I leave her app as is in consular processing but have her travel with me right now on B1/B2 and have her return back to India after few months ?

Please advise.

On 4/25/2022 at 10:32 AM, nswapnak said:

We don't have any intention of changing her GC application to AOS while she is in the US and would like to continue the consular processing as is. 


No.  You can not bring her on a B1/B2 and then change the petition to AOS.  That's visa fraud.  

 
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