Bringing K-1's mother to the US

[Phuong 0]

Hello,

If I am posting in the wrong section, I apologize, and please let me know so I can move it (not sure if I can move a new post though).

My wife, who just recently arrived in the US under the K-1 Visa status, would like to bring her mother over for a short period of time. Basically, we plan on having kids late next year. One of the things my wife would like to do prior to being pregnant is to be with her mom for a couple of weeks. Now, I can apply for the Advance Parole document and travel back for her and her mother to reunite. However, I have been reading up on this and a lot of people recommend not to do this during the AOS filing period. I plan on mailing out my AOS no later than the end of the month - her I-94 expires on 7/11/08. So, with the Advance Parole definitely being a possibility, but also risky, I was thinking of an alternative. That is to fly her mother from VN to the US for a couple of weeks, maybe right after her delivery, so they can reunite. Is this possible? Can a K-1, under the AOS filing period, somehow petition for her mother to come to the US for a visit? Any help is greatly appreciated.

Thanks,

Phuong

[pushbrk 13,639]

Hello,

If I am posting in the wrong section, I apologize, and please let me know so I can move it (not sure if I can move a new post though).

My wife, who just recently arrived in the US under the K-1 Visa status, would like to bring her mother over for a short period of time. Basically, we plan on having kids late next year. One of the things my wife would like to do prior to being pregnant is to be with her mom for a couple of weeks. Now, I can apply for the Advance Parole document and travel back for her and her mother to reunite. However, I have been reading up on this and a lot of people recommend not to do this during the AOS filing period. I plan on mailing out my AOS no later than the end of the month - her I-94 expires on 7/11/08. So, with the Advance Parole definitely being a possibility, but also risky, I was thinking of an alternative. That is to fly her mother from VN to the US for a couple of weeks, maybe right after her delivery, so they can reunite. Is this possible? Can a K-1, under the AOS filing period, somehow petition for her mother to come to the US for a visit? Any help is greatly appreciated.

Thanks,

Phuong

Tourist visas are available for this purpose but from Vietnam, the mother would need to show significant ties to home in order to convince the Consular officer she would return. Things like leaving behind a spouse, other children, significant property and/or cash would be needed. Immigrant intent is assumed and must be overcome.

Note: This is an answer specific to Vietnam. It would apply to many countries. Many countries it would not or only in reduced degree. Vietnam is a high fraud post.

[payxibka 10,048]

Hello,

If I am posting in the wrong section, I apologize, and please let me know so I can move it (not sure if I can move a new post though).

My wife, who just recently arrived in the US under the K-1 Visa status, would like to bring her mother over for a short period of time. Basically, we plan on having kids late next year. One of the things my wife would like to do prior to being pregnant is to be with her mom for a couple of weeks. Now, I can apply for the Advance Parole document and travel back for her and her mother to reunite. However, I have been reading up on this and a lot of people recommend not to do this during the AOS filing period. I plan on mailing out my AOS no later than the end of the month - her I-94 expires on 7/11/08. So, with the Advance Parole definitely being a possibility, but also risky, I was thinking of an alternative. That is to fly her mother from VN to the US for a couple of weeks, maybe right after her delivery, so they can reunite. Is this possible? Can a K-1, under the AOS filing period, somehow petition for her mother to come to the US for a visit? Any help is greatly appreciated.

Thanks,

Phuong

There is no petition... The MIL will simply need to apply for a tourist visa. Nothing her daughter can do to influence the CO's decision. The MIL must be able to present strong reasons as to why she will honor the terms and conditions of the visa and not seek to remain in the USA.

[YuAndDan 153]

Only the K-1 can file an I-130 petition for their parent, and can only file it after naturalizing and becomes a US Citizen.

A US Citizen CAN-NOT file I-130 for an In-Law.

Mother in-law can apply for a tourist visa to visit the USA, but will need to demonstrate strong ties home, to convince the visa officer that she will not stay in the USA past the expiration of the visa.

Edited April 22, 2008 by YuAndDan

[eric_and_teresa 10]

Just wanted to clarify that a B1/B2 holder can not stay in the U.S. past the time stamped on the I-94.

Edited April 22, 2008 by eric_and_teresa

[payxibka 10,048]

Just wanted to add, a B1/B2 holder can not stay in the U.S. past the time stamped on the I-94.

Sure they can... people do it every day... Just makes life more interesting and complicated later on

[eric_and_teresa 10]

Mother in-law can apply for a tourist visa to visit the USA, but will need to demonstrate strong ties home, to convince the visa officer that she will not stay in the USA past the expiration of the visa.

I meant legally and I was referring to this. The validity of the visa is one thing, and the period of time that you allowed to stay in the U.S. upon entry is a another thing.

For example, my tourist visa is good for 10 years, that does not mean I can stay legally in the U.S. with my B1/B2 until it expires.

Edited April 22, 2008 by eric_and_teresa

[YuAndDan 153]

Mother in-law can apply for a tourist visa to visit the USA, but will need to demonstrate strong ties home, to convince the visa officer that she will not stay in the USA past the expiration of the visa.

I meant legally and I was referring to this. The validity of the visa is one thing, and the period of time that you allowed to stay in the U.S. upon entry is a another thing.

For example, my tourist visa is good for 10 years, that does not mean I can stay legally in the U.S. with my B1/B2 until it expires.

Excellent point, people always seem to confuse Visa expire with time allowed in the USA.

[Krikit 1,166]

Is there a specific problem with K-1 visa holders with AP trying to leave Vietnam? (Just trying to figure out why you've heard travel with an AP is not recommended.)

[msu17 0]

Agreed, AP is SPECIFICALLY for those who need re-entry permission while the greencard is being processed. WHy would you not use the entry permit specifically created for this purpose? The only people I've heard having problems with AP are those who married and did AOS after overstaying a tourist visa, student visa etc. If you filed AOS after marrying within 90 days on the K1 there are no problems with using AP. Coming back into the US, your wife will have to go through 2ndary processing to verify the document, but that is it. Sorry, I just have a hard time understanding why you think using a document for it's correct and only purpose is risky unless its a country specific thing with Vietnam.

Just file AP and EAD with the AOS, its all included in the same price. YOu don't know how long you will have to wait for the green card so just file for it all now.

Edited April 22, 2008 by msu17

[payxibka 10,048]

Is there a specific problem with K-1 visa holders with AP trying to leave Vietnam? (Just trying to figure out why you've heard travel with an AP is not recommended.)

I think they are confusing re-entry on AP versus re-entry on AP when you have had a previous overstay.

[pushbrk 13,639]

Is there a specific problem with K-1 visa holders with AP trying to leave Vietnam? (Just trying to figure out why you've heard travel with an AP is not recommended.)

I think they are confusing re-entry on AP versus re-entry on AP when you have had a previous overstay.

Right, and I suspect obtaining and using the AP will be the only viable option for a visit with mom.

[PeterFB 0]

Hello,

If I am posting in the wrong section, I apologize, and please let me know so I can move it (not sure if I can move a new post though).

My wife, who just recently arrived in the US under the K-1 Visa status, would like to bring her mother over for a short period of time. Basically, we plan on having kids late next year. One of the things my wife would like to do prior to being pregnant is to be with her mom for a couple of weeks. Now, I can apply for the Advance Parole document and travel back for her and her mother to reunite. However, I have been reading up on this and a lot of people recommend not to do this during the AOS filing period. I plan on mailing out my AOS no later than the end of the month - her I-94 expires on 7/11/08. So, with the Advance Parole definitely being a possibility, but also risky, I was thinking of an alternative. That is to fly her mother from VN to the US for a couple of weeks, maybe right after her delivery, so they can reunite. Is this possible? Can a K-1, under the AOS filing period, somehow petition for her mother to come to the US for a visit? Any help is greatly appreciated.

Thanks,

Phuong

Phoung

AP is for what you want to do, have your fiancee visit Vietnam while waiting for AOS. The only reason not to go to Vietnam during the AOS period is because if the USCIS sends you any RFEs, or other documents or her interview is scheduled you may not know about them untill after you return. That can delay the process unless you have someway to check your mail and respond to any requests or her interview date. If you go for 2 weeks as you say, that shouldn't be a problem even if don't check your mail. Longer stays can make responding to the USCIS more difficult.

As to others saying there's problems with AP, there are sometimes confusion when returning unless you have all your papers in order, just have everything ready for your POE. And as others have said, overstay your visa can cause problems on re entry when returning from AP.

Getting a visa for her mother, as others have said, is going to be hard.

Peter and Thi

I-129F Sent : 2007-05-26

I-129F NOA1 : 2007-06-11

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2007-10-26

Touched: 2007-11-02

NVC Recieved: 2007-11-16

Consulate recieved ??????

Packet 3 sent 2007-12-11

Packet 3 received 2007-12-24

Packet 3 returned 2007-12-28

Packet 4 sent 2008-1-14

Email Reply with Interview Date 2008-1-23

Interview Date 2008-2-27

Passed Interview 2008-02-27

Visa Pick Up Date 2008-3-05

Received Visa 2008-2-29 (called to pick up earlier)

POE 2008-3-05 Los Angeles

Wedding 2008-4-26