I-130 Sponsoring Parents to come to the US [US Citizen]

[DimaSta4321 16]

Hi Community! 

 

How is everybody ? 

I am a US Citizen since very recently, and I am thinking to apply for I-130 for my mom and dad, so that they are able to come visit me in the US.

I was hoping maybe some experienced folks here can help me clarify few questions, and maybe point me in the right direction on this forum to read up useful info! 

 

1. I see that processing time on USCIS website is ~52 months (based on NBC processing location). Are all I-130's processed at NBC or not ? If no, where are they processed ? I was under the impression that I-130 processing is more like ~12-18 months.

2. I see that there are 2 options on how I130 can be submitted: the beneficiary requests adjustment of status inside the United States or consular processing outside the United States. Am I understanding this correctly - so basically we either ask to adjust status to PR after entry to the US, or before at the US Embassy overseas ? What are the pros and cons of each option ? Is one option faster or easier than the other ? 

3. Another question - does I-130 form ask for passport number & passport info of the beneficiary ? Asking because both of my parents passports are set to expire in 2027, and there is a possibility that passports will expire before I-130 is approved. So, by the time of approval and entry to the US they will both have new passports with new numbers. Is that an issue ? Should we get them new passports now in order to prevent expiration while I130 is processing ?

4. Regarding financial support - it will be enough to attach my tax returns to show how much money I am making per year, correct ? Any minimum required to sponsor each person ? 

 

Thank you in advance for your help!

 

 

[Crazy Cat 43,327]

1 hour ago, DimaSta4321 said:

2. I see that there are 2 options on how I130 can be submitted: the beneficiary requests adjustment of status inside the United States or consular processing outside the United States. Am I understanding this correctly - so basically we either ask to adjust status to PR after entry to the US, or before at the US Embassy overseas ? What are the pros and cons of each option ? Is one option faster or easier than the other ? 

To clarify: You said you want them to visit, but you are asking questions about their living in the US?  As your parents are outside the US, Consular Processing is the ONLY option.  They cannot enter the US with an intent to stay and adjust status.  I wish you and them well and much success on this, another immigration journey!  Good luck.

Edited Saturday at 10:57 PM by Crazy Cat

[OldUser 8,787]

2 hours ago, DimaSta4321 said:

 

I am a US Citizen since very recently, and I am thinking to apply for I-130 for my mom and dad, so that they are able to come visit me in the US.

No I-130 is needed if parents are coming just to visit.

 

They can apply for B2 tourist visas.

[DimaSta4321 16]

6 minutes ago, OldUser said:

No I-130 is needed if parents are coming just to visit.

 

They can apply for B2 tourist visas.

Yes, I know this & I wish it was this easy...but unfortunately we tried B1/B2 visa before and they got rejected.

Ofc Embassy does not provide a reason for a rejection.

My parents actually do not want to really move here, they would prefer to visit sometimes. But since we are left with no choice, now I am trying to talk them into moving here because one day I will have to take care of them. 

 

I researched a lot after their B1/B2 visa denial, and it seems to be a combination of factors potentially:

- I am their only child that they are trying to both visit

- They are planning to travel to visit me together at the same time 

According to my research having a family member that lives in the US (especially the only child) is somehow a potential overstay reason for people on B1/B2 visas and Embassy views it as a risk and a reason for a rejection.

Even tho we showed other things like they do have jobs that must return to, they do own property etc. Decision was very quick and negative.

 

So, only option to allow them to come visit me, my family, and one day their grand kids is to do I130 at this point.

Yes, that will require them living in the US at least 6 months out of 12 to meet requirements of a GC, but that's ok.

[DimaSta4321 16]

2 hours ago, Crazy Cat said:

To clarify: You said you want them to visit, but you are asking questions about their living in the US?  As your parents are outside the US, Consular Processing is the ONLY option.  They cannot enter the US with an intent to stay and adjust status.  I wish you and them well and much success on this, another immigration journey!  Good luck.

Yes, they are outside of the US.

Good point you are making on only consular processing. 

I read USCIS website and it sounded there are 2 ways - but now I see it is not a choice, it is up to where beneficiary is located. 

Thank you!

[JeanneAdil 6,855]

the best to u in this endeavor

You do need to know the continuous residence laws which are not only for naturalization but for maintaining status as LPR

6 months here and 6 there would raise eyebrows at some point with CBP

if they came and later applied for natualization ,  then yes , they could do this but as LPR its a big risk and not worth it

 

Please read under this topic

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-316/section-316.5

[Boiler 46,757]

LPR is Legal Permanent Resident and you would be their sponsor, seems like they may be getting on, can you afford it?

[Cathi 5,818]

A CR1 visa is for immigrating and LIVING permanently in the US, NOT for visiting. Just because they could not get a b1/b2 visa doesn't mean you can try to play the system, it will have dire consequences on the end.

[DimaSta4321 16]

1 hour ago, Cathi said:

A CR1 visa is for immigrating and LIVING permanently in the US, NOT for visiting. Just because they could not get a b1/b2 visa doesn't mean you can try to play the system, it will have dire consequences on the end.

What do you mean play the system ?

Nobody is playing the system.

Since they could not get b1/b2 visas we will now have to permanently move them here. And of course we will follow requirements of LPR status.

[DimaSta4321 16]

4 hours ago, JeanneAdil said:

the best to u in this endeavor

You do need to know the continuous residence laws which are not only for naturalization but for maintaining status as LPR

6 months here and 6 there would raise eyebrows at some point with CBP

if they came and later applied for natualization ,  then yes , they could do this but as LPR its a big risk and not worth it

 

Please read under this topic

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-316/section-316.5

Am I understanding this correctly - if I do sponsor them via I-130, and they move here the continuous residence requirement to maintain LPR status for each of them is to not reside outside of the US for 6 months or longer during one trip & to not reside outside of the US for 6 months or longer in each calendar year ? Is my understanding correct ? 

[OldUser 8,787]

28 minutes ago, DimaSta4321 said:

What do you mean play the system ?

Nobody is playing the system.

Since they could not get b1/b2 visas we will now have to permanently move them here. And of course we will follow requirements of LPR status.

Essentially, you're validating US embassy's point your parents have immigrant intent.

 

11 minutes ago, DimaSta4321 said:

Am I understanding this correctly - if I do sponsor them via I-130, and they move here the continuous residence requirement to maintain LPR status for each of them is to not reside outside of the US for 6 months or longer during one trip & to not reside outside of the US for 6 months or longer in each calendar year ? Is my understanding correct ? 

The more they live in the US the better. There is no black and white rule. At any point, CBP may presume they're not residing in the US. If they only spend 4-8 weeks a year out of the US, it would be much harder to accuse them of not living in the US. The closer you get to 6 months a year out of the US, the more probable it becomes CBP asking them about their travel and life in the US.

[DimaSta4321 16]

5 minutes ago, OldUser said:

Essentially, you're validating US embassy's point your parents have immigrant intent.

 

The more they live in the US the better. There is no black and white rule. At any point, CBP may presume they're not residing in the US. If they only spend 4-8 weeks a year out of the US, it would be much harder to accuse them of not living in the US. The closer you get to 6 months a year out of the US, the more probable it becomes CBP asking them about their travel and life in the US.

They do not want to move here as I said (there was no such intent, they simply want to be able to visit me), but since we were not successful in getting b1/b2 visas for them...due to that reason now seems like the only option left to enable them to visit me is to just move here.

[OldUser 8,787]

27 minutes ago, DimaSta4321 said:

They do not want to move here as I said (there was no such intent, they simply want to be able to visit me), but since we were not successful in getting b1/b2 visas for them...due to that reason now seems like the only option left to enable them to visit me is to just move here.

The other option is for you to meet them in a different country where you and they can visit. Somewhere in Europe? Both US and Ukrainian citizens can enter EU freely for 90 days.

Another option is Mexico (visa free for US citizens and eTA for Ukrainians). Or Canada (visa free for US citizens and visa required for Ukrainians).

 

Green cards are for living in the US. If they're not going to live in the US, they'll lose GCs eventually.

Edited Sunday at 09:01 PM by OldUser

[appleblossom 3,765]

1 hour ago, DimaSta4321 said:

Am I understanding this correctly - if I do sponsor them via I-130, and they move here the continuous residence requirement to maintain LPR status for each of them is to not reside outside of the US for 6 months or longer during one trip & to not reside outside of the US for 6 months or longer in each calendar year ? Is my understanding correct ? 

 

It is, because anybody can lose LPR status regardless of time spent in the US. It’s not just physical presence that matters, but also making it one's permanent home. So your parents will need to be able to prove they are only visiting their home country, and living in the US permanently, not the other way around. 

 

If they were to only spend 6 months of every year in the US, then at the very least you’d be opening them up to unpleasantness and a heck of a lot of questioning upon each entry, but could also be risking their status if they continued to do it longer term. It’s possible that once they are settled in the US, with their own home/car/friends/social life/hobbies/(jobs?), etc, and have grandchildren in the US, they’ll naturally want to spend more time there anyway. But I’d aim for 10 months in the US, 2 months out ideally so there’s no doubt where they consider home. 

Edited Sunday at 09:33 PM by appleblossom