Process for a B2 visa holder to change status.

[extremerecluse 32]

My mother in law has her B-2 visa in the Philippines. She is 82 years old. Once she is here, what is the process to go from a B-2 Visa to Immigrant/Green Card? My wife is a US Citizen. What guides show the step-by-step process? Any information would be greatly appreciated.

[SalishSea 17,801]

1 hour ago, extremerecluse said:

My mother in law has her B-2 visa in the Philippines. She is 82 years old. Once she is here, what is the process to go from a B-2 Visa to Immigrant/Green Card? My wife is a US Citizen. What guides show the step-by-step process? Any information would be greatly appreciated.

She can't, that is FRAUD.  She would need to lie at CBP about intent to be admitted on a B with plans to adjust - not recommended!  She needs to be petitioned properly for an immigrant visa.  The info for how to petition a family member is here on VJ in the guides.  

 

Also - you will need to figure out how she/you will pay for health care when she eventually gets here.  She will not be eligible for Medicare obviously.  The premiums for the plans she will be eligible for will be >$1k/month.

[Boiler 45,445]

Looks like your wife is a USC so she starts by filing the I 130 and her Mother will interview in Manilla for an Immigrant Visa.

 

I would also question the practicality of sponsoring an 83 year old, hopefully you have looked into this in detail.

 

Does she have significant financial resources?

[EmilyW 1,434]

What you're proposing is fraud, OP.  Don't do it.

[Bethie 102]

15 hours ago, extremerecluse said:

My mother in law has her B-2 visa in the Philippines. She is 82 years old. Once she is here, what is the process to go from a B-2 Visa to Immigrant/Green Card? My wife is a US Citizen. What guides show the step-by-step process? Any information would be greatly appreciated.

To be clear, when she arrives &  CBP asks her nature of Visit, she MUST answer truthfully, that her daughter is going to adjust her status.

 

[belinda63 3,038]

Healthcare costs are going to be a big issue. She does not qualify for Medicare as she has never worked here. Most states require her to be an LPR for five years to qualify for Medicaid but remember you will be signing an affidavit of support that she will not receive federal public benefits and is she does you will pay them back. 

She cannot come on a tourist visa with the intent to remain. When she comes she will be asked the purpose of her visit and how long she plans to stay. Unless she wants to risk a ban for misrepresentation she must answer I am coming to get my green card and I don't intend to leave. 

[NorthByNorthwest 346]

19 hours ago, extremerecluse said:

My mother in law has her B-2 visa in the Philippines. She is 82 years old. Once she is here, what is the process to go from a B-2 Visa to Immigrant/Green Card? My wife is a US Citizen. What guides show the step-by-step process? Any information would be greatly appreciated.

 

In addition to the points raised in the other posts - is this a matter of the daughter wanting her mom closer or the mom actually wanting to be closer to the daughter? Me and my wife are both naturalized citizens from different countries/cultures, but none of our parents (while they were alive) would have wanted to come to the US leaving their social networks behind. Granted, in some cultures family is everything but in our case they would have been miserable here, not to mention healthcare was better at home anyway.

[Cathi 5,746]

Entering the U.S using a visitor visa(B1/B2) with the INTENT to STAY and ADJUST STATUS is illegal. It's visa fraud and will result in a permanent ban from the U.S for your mother in-law. Anyone advising you otherwise is misinformed. Don't do it.

[Cathi 5,746]

4 hours ago, Bethie said:

To be clear, when she arrives &  CBP asks her nature of Visit, she MUST answer truthfully, that her daughter is going to adjust her status.

 

OP, please don't even attempt this. I know this person isn't being serious, but a lot of people don't. It will be a disaster for your MIL(and wife) if she tries to enter the U.S with the intent to adjust status.

[extremerecluse 32]

On 7/5/2024 at 9:05 AM, extremerecluse said:

My mother in law has her B-2 visa in the Philippines. She is 82 years old. Once she is here, what is the process to go from a B-2 Visa to Immigrant/Green Card? My wife is a US Citizen. What guides show the step-by-step process? Any information would be greatly appreciated.

My mother-in-law is about to embark on her B-2 Visa Journey. She will be visiting for 5 months and one week. She is a glorious 82 years of age. She is in excellent health for her age. When she returns from the US back to the Philippines in March are we allowed to petition her for a Green Card (I-130)? Or is that considered fraud? Will she still be able to travel freely between the Philippines and the US while her I-130 is in progress? If she is caught traveling, is that FRAUD? 

[Boiler 45,445]

Your wife can apply now.

 

As this comes up frequently where does she get her Travel Insurance from?

[extremerecluse 32]

1 hour ago, Boiler said:

Your wife can apply now.

 

As this comes up frequently where does she get her Travel Insurance from?

Every airline offers travel insurance. For her, it was about $200

[Boiler 45,445]

Philippines Airlines, for example, has an age limit of 75.

[extremerecluse 32]

I will contact one of the best immigration attorneys in the country. He started in a tiny office in Detroit in 1978. He has a large firm now in Farmington, MI. He won't steer me wrong.

[Boiler 45,445]

DIY is not for everyone even involving simple cases.