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)?
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.