Issue with my In-laws to be wanting to migrate

[Boiler 45,449]

Just now, Redro said:

Generally the children enter the US with the parents or they are born in the US… OP’s fiancé(the child) is still in her home country and hasn’t completed the Ds160 or interviewed yet. So, I’ll be interested to see how this plays out… 

 

I would say that is the more common route, whilst their presence in the US could complicate a NIV this is a K1 effectively Immigrate so not an issue.

[powerpuff 6,685]

26 minutes ago, Redro said:

Generally the children enter the US with the parents or they are born in the US… OP’s fiancé(the child) is still in her home country and hasn’t completed the Ds160 or interviewed yet. So, I’ll be interested to see how this plays out… 

 

True… there’s a question asking if you have any family members living in the US…

[Redro 4,611]

1 minute ago, powerpuff said:

True… there’s a question asking if you have any family members living in the US…

Yes, father and mother. It also asks what their status is… but maybe it won’t matter at all because as Boiler says K1 is treated like an immigrant visa. 

[Boiler 45,449]

2 minutes ago, powerpuff said:

True… there’s a question asking if you have any family members living in the US…

Which is why it would be an issue for a NIV.

[powerpuff 6,685]

Just now, Redro said:

Yes, father and mother. It also asks what their status is… but maybe it won’t matter at all because as Boiler says K1 is treated like an immigrant visa. 

 

Just now, Boiler said:

Which is why it would be an issue for a NIV.

Probably a non issue then although that would be an awkward conversation with a CO

[JeanneAdil 6,489]

OP 

u need to ask yourself 

"What is going to happen if someone reports their employer ?" 

if they are living with YOU?

What will happen if u r stopped for traffic violation and one or both are with you and an officer wants to see ID /green card?

 

Stay out of all this 

protect yourself

and that includes double thinking the fiancee visa

u should maybe seek a consultation with an immigrant visa attorney

[JeanneAdil 6,489]

Again, are they staying with u?

did u help them get the jobs?

Do u drive them to work as they can't have a US license ?

How did all this happen ?

 

If they are with u ,  u need to explain they have to return and hope no one turns them in

[Boiler 45,449]

I am not sure where they are but OP said he is NY

 

So most of these issues could well be irrelevant 

[SalishSea 17,803]

23 hours ago, YVxPX said:

I've got a strange and unique case. Around the time I've sent out my fiancé visa, my in-laws to be came to the United States legally on a B-2 Visa. Despite just being on a tourist visa, they've been here working the whole time. Their six months is about to be up in August and they don't plan on going back because they feel they can better help my fiancés younger siblings here financially. Their decision to be here will not affect my fiancés upcoming interview. It is however bound to be volatile. Without social services they're looking for an adjustment of status as to stay in the States longer. As far as I know they'll be living here illegally with legal entry.

 

From what I know the only individuals who can possibly file an adjustment of status for them are their living siblings and my fiancé. As you can tell this is a blunder. Sibling petitions tend to get back logged for over a decade. For my fiancé, this requires that she makes the 90 days and earns her citizenship three years after that.

 

I'm annoyed that my in-laws to be made this a conundrum for my fiancé. Still, as a peace of mind for her though, what would anyone recommend as an option for them?

Be aware that their actions could impact her ability to get a visa.   USCIS/DOS has been known to read these forums.

[RamonGomez 271]

23 hours ago, YVxPX said:

I've got a strange and unique case. Around the time I've sent out my fiancé visa, my in-laws to be came to the United States legally on a B-2 Visa. Despite just being on a tourist visa, they've been here working the whole time. Their six months is about to be up in August and they don't plan on going back because they feel they can better help my fiancés younger siblings here financially. Their decision to be here will not affect my fiancés upcoming interview. It is however bound to be volatile. Without social services they're looking for an adjustment of status as to stay in the States longer. As far as I know they'll be living here illegally with legal entry.

 

From what I know the only individuals who can possibly file an adjustment of status for them are their living siblings and my fiancé. As you can tell this is a blunder. Sibling petitions tend to get back logged for over a decade. For my fiancé, this requires that she makes the 90 days and earns her citizenship three years after that.

 

I'm annoyed that my in-laws to be made this a conundrum for my fiancé. Still, as a peace of mind for her though, what would anyone recommend as an option for them?

 

While I don't know your financial situation or what country they are from, life can be very expensive and difficult living as, basically, an undocumented illegal immigrant. 

 

They will not be eligible for any free government welfare, food stamps, medicaid, auto insurance etc. They will not be eligible for health insurance through the ACA. They will be living here on a cash basis. Look up cash prices to see a dentist, doctor, emergency room bills - they aren't pretty. A single incident can wipe out whatever money they earn for your siblings, which I'm guessing isn't that high given they would be working under the table. 

 

I know of two couples who were able to legally bring their parents over here on an IR5, and it led to the breakdown of both marriages BTW, but maybe it will work out for you. My suggestion - unless their lives are in grave danger in their home country (in which case they should apply for asylum), they should go back.

 

[Jimmyzr1 36]

On 7/17/2023 at 5:04 AM, Crazy Cat said:

 

They probably don't care about US law and don't intend to ever leave, at least not until they get status, if ever.

They should be turned in to immigration, other people have to take this journey the legal, time consuming and expensive way!