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Best Process To Petition Mother In Law

By KP&RP in Bringing Family Members of US Citizens to America

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KP&RP Enthusiast

KP&RP   4

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Hello everyone! My mother in law is coming to visit us in New York this coming Christmas holiday and I was wondering what is the best way to petition her to the US. I was reading online that we can start the process while she is here. Need your advice. Thank you!

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Crazy Cat Grand Master

Crazy Cat   41,810

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1.  Only a US citizen can petition a parent.

2.  MIL cannot enter the US as a visitor with the intent to stay and adjust status.  That is fraud.

3.  If your wife is a US citizen, she can start the consular process at any time by filing an I-130 to petition her mother. 

Edited by Crazy Cat

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powerpuff Veteran

powerpuff   6,677

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52 minutes ago, KP&RP said:

Hello everyone! My mother in law is coming to visit us in New York this coming Christmas holiday and I was wondering what is the best way to petition her to the US. I was reading online that we can start the process while she is here. Need your advice. Thank you!

What you’re suggesting is immigration fraud. She needs to be petitioned the proper way and that is consular processing abroad. 

 

 

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Boiler Grand Master

Boiler   45,445

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Assuming her child is a USC the quickest option is to get that I 130 filed asap.

Edited by Boiler

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nastra30 Experienced

nastra30   2,284

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13 hours ago, KP&RP said:

Hello everyone! My mother in law is coming to visit us in New York this coming Christmas holiday and I was wondering what is the best way to petition her to the US. I was reading online that we can start the process while she is here. Need your advice. Thank you!

If your spouse is a USC they should petition for their mom anytime starting now using consular processing. 

Otherwise, mom is not eligible. 

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KP&RP Enthusiast

KP&RP   4

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17 hours ago, Crazy Cat said:

1.  Only a US citizen can petition a parent.

2.  MIL cannot enter the US as a visitor with the intent to stay and adjust status.  That is fraud.

3.  If your wife is a US citizen, she can start the consular process at any time by filing an I-130 to petition her mother. 

@Crazy Cat I see. I was trying to understand what it meant on the USCIS website when adjusting the status if we plan to petition my mother in law. Is there anything else that needs to be filled aside from I-130?

Edited by KP&RP
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appleblossom Experienced

appleblossom   2,438

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19 minutes ago, KP&RP said:

@Crazy Cat I see. I was trying to understand what it meant on the USCIS website when adjusting the status if we plan to petition my mother in law. Is there anything else that needs to be filled aside from I-130?

 

See all the answers above - adjustment of status isn't an option if your MIL isn't currently in the US. You can't have her visit in December and then apply for AOS, that's immigration fraud. Just apply now via consular processing (just the I-130 to be filed).

 

Good luck. 

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