Want to apply for my parents from China. Since Guangzhou is so slow, and they can get a B2 visa, how to best handle this?

[lemonzheng 0]

Hi!

My parents have visited me 3 times before on two different B2 visas.

Each time, they have returned to China before the time required.

Everything has been perfect. We have never asked for or needed any extensions.

I will become a US Citizen soon. I want to apply to bring my parent's here.

I remember when I first came, that Guangzhou took 9+ months. That is a really long time. I was hoping to file for them to stay, while they were visiting me this summer. They have planned to come visit this summer, just like each of the last two summers.

What should we do? Should I apply as soon as they come, and try to do AOS? Should I apply, and just treat it as if they are back in China (yes to i-130, no to AOS)? Etc.

I am concerned that If I apply before they arrive, they will be denied at POE (I have read of this happening to many Chinese before).

Thanks for your help and suggestions. If anyone else has been in this situation, please let me know how it went for you.

[Bobby+Umit 161]

They cannot AOS from a visitors visa. Since you are planning on trying to do this prior to them coming to visit, that would be visa fraud.

They can visit, you can put in the paperwork at any time, but they will have to go back home when their I-94 expires.

It's has to do with "intent" when they come to the POE.

Edited March 31, 2009 by Bobby_Umit

[lemonzheng 0]

They cannot AOS from a visitors visa. Since you are planning on trying to do this prior to them coming to visit, that would be visa fraud.

They can visit, you can put in the paperwork at any time, but they will have to go back home when their I-94 expires.

It's has to do with "intent" when they come to the POE.

Thank you.

They always have gone back before the i-94 expires, and will this time as well.

However, I was wondering if it is OK to file the i-130 paperwork (only) to apply for them, while they are currently in the US?

Is this OK?

Thanks for your help!

[aaron2020 11,652]

They cannot AOS from a visitors visa. Since you are planning on trying to do this prior to them coming to visit, that would be visa fraud.

They can visit, you can put in the paperwork at any time, but they will have to go back home when their I-94 expires.

It's has to do with "intent" when they come to the POE.

Thank you.

They always have gone back before the i-94 expires, and will this time as well.

However, I was wondering if it is OK to file the i-130 paperwork (only) to apply for them, while they are currently in the US?

Is this OK?

Thanks for your help!

Yes.

[beans 7]

Yes, it is fine to apply when they are in the US but once that B2 expires they are required to leave so they don't risk an overstay.