AOS for mother in law

[Saman1103 41]

Hello,

 

 My mother in law is here on a tourist visa for the next 5 months. My wife should scheduled for her n400 naturalization interview soon. If she passes and becomes a citizen. Can I adjust her mother's status or does she need to return to her country before I can apply for i130?

 

Thanks

[Lil bear 4,200]

26 minutes ago, Saman1103 said:

Hello,

 

 My mother in law is here on a tourist visa for the next 5 months. My wife should scheduled for her n400 naturalization interview soon. If she passes and becomes a citizen. Can I adjust her mother's status or does she need to return to her country before I can apply for i130?

 

Thanks

Need to wait until your wife has taken the naturalization  oath and has her certificate in hand before MIL can apply for AOS.. if this happens  before the MIL authorized stay expires 

[Saman1103 41]

13 minutes ago, Lil bear said:

Need to wait until your wife has taken the naturalization  oath and has her certificate in hand before MIL can apply for AOS.. if this happens  before the MIL authorized stay expires 

Yeah that's what I'm waiting on. I just wanted to make sure it's legally okay. N400 application was back in Nov. So hopefully interview is scheduled soon.

[Timona 4,207]

You're looking at 1 year or 1.5. Years before she interviews for N400. 

 

MIL should go back home. 

[Saman1103 41]

1 minute ago, Timona said:

You're looking at 1 year or 1.5. Years before she interviews for N400. 

 

MIL should go back home. 

Thanks. My field office is averaging 7-8 months for n400. Yeah, I understand that if my wife's not a citizen before MILs visa is up, that she must go back. 

[powerpuff 6,697]

~~ Topic moved from Progress Reports to Process & Procedures ~~

[jan22 3,053]

I know this was not your question, but it is something that your MIL needs to be aware of, if she hasn't already thought about it. Can she stay the 5 months on her tourist visa and then wait many months longer than that before returning to India for any reason at all?  Once tbe AOS is filed, she won't be able to travel back until she at least gets an Advanced Parole approved, which has been taking more than 7 to 8 months from the time of filing right now. 

 

If the citizenship interview does take place 7-8 months from the application date, that puts in it June or July.  Your MIL's 5 month visit (using March 1st start date as an example) will be up around the end of July -- perhaps around the very time of the naturalization interview.  There may then be a wait for an oath ceremony and receipt of the naturalization certificate.  All this to point out that filing for the AOS -- and, therefore, Advanced Parole -- will likely not be possible until almost the end of her 5 month visit.  Does your MIL not have any responsibilities or famiIy issues at home that she would need to take care of for more than a year or so (at a minimum) from the start of her US visit?   No need to answer here (unless you want to for some reason) -- I just wanted to pose the question for her consideration.