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mryrth

Green Card Holder waiting for Citizenship - Mother has tourist visa...

By mryrth in Bringing Family Members of Permanent Residents to America

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mryrth Contributor

mryrth   72

Posted
Country: Serbia
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Posted

My husband is a LPR (Green Card Holder) and we would love to have his mom move here from Serbia and help take care of our little girl. My husband is currently in the process of acquiring his US Citizenship, however, in the meantime, we'd love for his mother to come and stay with us. She was granted a 10 year tourist visa in 2022 and has visited a few times. However, this time, we'd like her to stay permanently and apply for Green Card once my husband becomes a US Citizen.

All that to say, she's allowed to stay for 6 months at a time and we hope to know about his citizenship before that 6 months is over. If he gets his Citizenship before her 6 months is up, could we just "adjust her status" to LPR since she would already be in the states or would she have to go back to Serbia and then he would apply for her to get a Green Card that way?

 

Boiler Grand Master

Boiler   45,753

Posted
Filed: K-1 Visa Country: Wales
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Posted

Sadly that would be Immigration Fraud.

 

A Tourist Visa is for visiting.

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

SalishSea Grand Master

SalishSea   17,980

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
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Posted
1 hour ago, mryrth said:

My husband is a LPR (Green Card Holder) and we would love to have his mom move here from Serbia and help take care of our little girl. My husband is currently in the process of acquiring his US Citizenship, however, in the meantime, we'd love for his mother to come and stay with us. She was granted a 10 year tourist visa in 2022 and has visited a few times. However, this time, we'd like her to stay permanently and apply for Green Card once my husband becomes a US Citizen.

All that to say, she's allowed to stay for 6 months at a time and we hope to know about his citizenship before that 6 months is over. If he gets his Citizenship before her 6 months is up, could we just "adjust her status" to LPR since she would already be in the states or would she have to go back to Serbia and then he would apply for her to get a Green Card that way?

 

That is fraud.

 

He needs to petition her properly for an immigrant visa, or she risks a misrepresentation bar.

  • 3 weeks later...
appleblossom Experienced

appleblossom   2,816

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted (edited)
7 hours ago, mryrth said:

What does this mean?

Screenshot_20241119-234725.png

 

It means exactly as it says. Filing a I-130 doesn't allow your relative to live or work in the US, as it's only the first step in a two step process. You have to file the I-130, then once that's approved your mother-in-law will apply for a visa at her consulate. Once that's granted, she then can move to the US. 

Edited by appleblossom
 
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