B2 Visa to Green Card after change in plans (overstaying duration of stay)

[EscapeFromTheLoop 0]

This situation is about a change in circumstances, not using a B2 visa with the intent to immigrate. The situation is:

 

Father: Permanent resident
Mother: Previously a permanent resident, abandoned green card to live overseas for a few years, now here on a B1/B2 visa with her duration of stay expiring in December
Me: US citizen

 

In June, my mother traveled to the US on a B1/B2 visa and in that time, my father was diagnosed with severe health problems, so she has decided to apply for a green card again to live here with him. However, her duration of stay is up in December, and it's not safe to leave him alone, so she wants to stay here and not have to fly back.

 

My understanding is that since I'm a US citizen, if I petition for her/do concurrent filling so that the I-485 is in progress ASAP, the overstay will be forgiven, but I really don't want the legal obligation that comes with being a sponsor for personal reasons. I'd rather that my father be the petitioner/sponsor. If my father is the petitioner/sponsor, is her overstay still forgiven? Or is there anything else that can/should be done that can keep my mother here safely?

 

Also, when submitting the forms, should we submit a statement/proof that she intended to return originally? Or is that something that will be explained later (like in the interview)?

[Crazy Cat 41,804]

1 hour ago, EscapeFromTheLoop said:

If my father is the petitioner/sponsor, is her overstay still forgiven?

No.  She can adjust status only as the immediate relative of a US citizen...you.  She cannot adjust status through your father.  That means you must be the primary sponsor.  You must submit an I-130. You must submit an I-864 at the appropriate time.  Your father can serve as a joint sponsor, if needed and if qualified.  However, both the primary sponsor and joint sponsor are equally obligated under I-864 contracts.

 

Note:  If she tried to adjust status through your father, a perm resident, her I-485 would be denied as her I-130 priority date would not be current.

Edited October 19 by Crazy Cat

[Crazy Cat 41,804]

***Moved to Adjustment of Status from Work, Student, and Tourist Visas***

[Crazy Cat 41,804]

48 minutes ago, EscapeFromTheLoop said:

Or is there anything else that can/should be done that can keep my mother here safely?

No.  Once her I-94 has expired, she will be out of status and subject to deportation.  Only after submitting a proper I-485 will she be granted "authorized stay" until the I-485 is either approved or denied.

[Crazy Cat 41,804]

53 minutes ago, EscapeFromTheLoop said:

Also, when submitting the forms, should we submit a statement/proof that she intended to return originally?

No. 

[EscapeFromTheLoop 0]

4 hours ago, Crazy Cat said:

No.  She can adjust status only as the immediate relative of a US citizen...you.  She cannot adjust status through your father.  That means you must be the primary sponsor.  You must submit an I-130. You must submit an I-864 at the appropriate time.  Your father can serve as a joint sponsor, if needed and if qualified.  However, both the primary sponsor and joint sponsor are equally obligated under I-864 contracts.

 

Note:  If she tried to adjust status through your father, a perm resident, her I-485 would be denied as her I-130 priority date would not be current.

 

Sorry for putting the thread in the wrong section, and thank you for moving it.

 

And thank you very much for the info. I came across form I-864W, and I'm unsure if my mother is applicable. Do you know if she's able to claim my father's work credits? He has enough work credits, but I'm unsure if the fact that they were both permanent residents at the time disqualifies her.