Criminal Check Required?

[golferadam 0]

We are preparing my mother-in-law's adjustment of status package, which if I understand correctly involves completing the I-130 and I-485. My mother-in-law has no criminal history. Do we need to submit a background check for her? I recall doing that when I applied for my wife, even though she had no criminal history, but don't recall what application required it.

[Darnell 8,478]

If I understand you correctly -

this is a police clearance letter.

She can get it in the same city where her hukuo is registered.

I am confused though - If you are filing BOTH together (I-130 and I-485 ) - usually ppl do this when the immigrant is already in the USA, all is filed together.

If she hasn't immigrated yet, then it's for a normal IR-5 via the I-130 petition, and

the police clearance letter is submitting during the NVC processing stage (and never on initial submittal for the I-130 ).

Have a read here -

http://www.visajourney.com/forums/index.ph...t&p=3321802

GOOD LUCK !

[Darnell 8,478]

OK - I read your prior post.

You want to have her adjust status whilst she's here on a tourist visa?

I'd recommend against that, if at all possible.

If yer wife has her citizenship, she can file the I-130 (solely ) for her mother.

Perhaps I'm muddled?

as for 'document requirements' - she'll need to get a collection of white books (birth certificate, police clearance, divorce or death certificate on husband, or marriage document if still married, military records, etc ) - these are officially translated into English.

Edited November 13, 2009 by Darnell

[Raj456 0]

If applying only for mother then there is no need to submit marriage certificate as per I-130. You can the posts in similar to these in here too...

http://forums.immigration.com/showthread.p...993&page=84

OK - I read your prior post.

You want to have her adjust status whilst she's here on a tourist visa?

I'd recommend against that, if at all possible.

If yer wife has her citizenship, she can file the I-130 (solely ) for her mother.

Perhaps I'm muddled?

as for 'document requirements' - she'll need to get a collection of white books (birth certificate, police clearance, divorce or death certificate on husband, or marriage document if still married, military records, etc ) - these are officially translated into English.

[golferadam 0]

Yes,we plan to adjust status from tourist visa. Why do you recommend against? Assuming we will adjust from B2 visa, I don't believe criminal check is required. Do you agree?

OK - I read your prior post.

You want to have her adjust status whilst she's here on a tourist visa?

I'd recommend against that, if at all possible.

If yer wife has her citizenship, she can file the I-130 (solely ) for her mother.

Perhaps I'm muddled?

as for 'document requirements' - she'll need to get a collection of white books (birth certificate, police clearance, divorce or death certificate on husband, or marriage document if still married, military records, etc ) - these are officially translated into English.

[Darnell 8,478]

No, I don't agree about the criminal check.

It's part of the I-130 set, but it's collected during NVC processing.

Have a long read here - http://travel.state.gov/visa/immigrants/info/info_3190.html

review page 4 at

http://travel.state.gov/visa/immigrants/info/info_3195.html

paying particular attention to 'Police Certificates' section.

I can't say whether or not you'll be successful with the AOS whilst she's here on a tourist visa, or NOT. Usually, it's for a recently-married foreign spouse, and the onus is on the USC spouse to prove up that the foreign national did NOT come into the USA to be married.

It's a category of visa fraud, but I'm not the expert about it - others here hopefully might chime in.

If the mother's child is already a USC, it is infinitely easier to file an I-130 (solely ) petition , granting an IR-5 visa, whilst Mum is still in China. There's not waiting for a visa number, things usually fly through USCIS and NVC if it's for a parent.

I guess I'm confused, though - is Mum Chinese or Japanese?

Yer wife has a greencard date of 2006-06-17 - so she qualifies to file for Citizenship, today. I'd suggest she file for citizenship, then once she receives it, file the I-130 for Mum (whilst Mum is still overseas ). This route nullifies any hint of visa fraud, in its entirety.

Edited November 14, 2009 by Darnell

[golferadam 0]

Darnell, Appreciate your feedback. I can't find anything in the I-130 or I-485 instructions that indicate criminal check is required for filing those forms.

I do agree it may be required if she were applying for an immigrant visa. However, she already has a B2 visa in hand. After she obtained the visa and my wife came back to US, we decided that it would be good for her to stay for a couple of years while the children are young. Hence we are pursuing adjustment of status from B2 visa.

My wife will apply for my mother-in-law's AOS once she becomes a citizen. We have already submitted N400. Here is situation so you are clearer on scenarios:

Me (son in law) - USC

Wife (daughter) - LPR that has filed N400 to become USC

Mom (mom) - Chinese citizen with B2 visa

Do you see anything in I-130 or I-485 that indicates a police check is required if we AOS from a B2 visa? Are there any forms other than I-130 and I-485 that must be submitted to AOS from a B2 visa? I understand those forms require other stuff, i.e., affadavit of support, G325A, etc.

Thanks again.

No, I don't agree about the criminal check.

It's part of the I-130 set, but it's collected during NVC processing.

Have a long read here - http://travel.state.gov/visa/immigrants/info/info_3190.html

review page 4 at

http://travel.state.gov/visa/immigrants/info/info_3195.html

paying particular attention to 'Police Certificates' section.

I can't say whether or not you'll be successful with the AOS whilst she's here on a tourist visa, or NOT. Usually, it's for a recently-married foreign spouse, and the onus is on the USC spouse to prove up that the foreign national did NOT come into the USA to be married.

It's a category of visa fraud, but I'm not the expert about it - others here hopefully might chime in.

If the mother's child is already a USC, it is infinitely easier to file an I-130 (solely ) petition , granting an IR-5 visa, whilst Mum is still in China. There's not waiting for a visa number, things usually fly through USCIS and NVC if it's for a parent.

I guess I'm confused, though - is Mum Chinese or Japanese?

Yer wife has a greencard date of 2006-06-17 - so she qualifies to file for Citizenship, today. I'd suggest she file for citizenship, then once she receives it, file the I-130 for Mum (whilst Mum is still overseas ). This route nullifies any hint of visa fraud, in its entirety.

[Darnell 8,478]

The I-130 instructions rarely reference the NVC processing stage.

The Police Certificate is required at NVC Processing Stage.

I've already given you the links, it's up to you to read them.

Apologies if my tone seems harsh, it's turning into a Cranky Saturday.

[golferadam 0]

I read the links. That was my point, it seems if you adjust from B2 you never go through NVC processing. Hence no police certificate is required. Do you agree?

Anyone else have input? Thanks.

The I-130 instructions rarely reference the NVC processing stage.

The Police Certificate is required at NVC Processing Stage.

I've already given you the links, it's up to you to read them.

Apologies if my tone seems harsh, it's turning into a Cranky Saturday.

[Darnell 8,478]

Ya, I'm probably giving you bad advice about NVC - My apologies...

But - here's someone who adjusted from F1 status -

http://www.visajourney.com/forums/index.php?showtopic=228250

and then the general forum for ppl adjusting :

http://www.visajourney.com/forums/index.php?showforum=130

I don't see any NVC action in most of the posts I skimmed ...

[NArocks 13]

Has you spouse already gotten her citizen ship? I do not see this in your time line.

What will happen is they may question your intent as far as your MIL as they Do with some who AOS from a tourist visa. Just be prepared to answer questions honestly. Hopefully the plan was not to adjust the first time she has been here on the B2 visa.

No as far as the criminal check this will be done through the USCI during the AOS stage no certificate needed

[golferadam 0]

Darnell, thanks for those additional links. I will check them out.

NARocks, my wife just filed N400. Our thinking was we would submit AOS for MIL toward end of her 6 month stay. However, if wife doesn't become USC we will just let MIL return to China and file for immigrant visa.

I updated signature and timeline. Thanks for reminder.

Has you spouse already gotten her citizen ship? I do not see this in your time line.

What will happen is they may question your intent as far as your MIL as they Do with some who AOS from a tourist visa. Just be prepared to answer questions honestly. Hopefully the plan was not to adjust the first time she has been here on the B2 visa.

No as far as the criminal check this will be done through the USCI during the AOS stage no certificate needed

[sachinky 465]

Is your MIL already in the U.S?

Best route, imo, is have your wife file a petition for her mother as soon as she receives her citizenship. Think it's a IR5 visa.

Also, make sure she doesn't overstay on her visa terms.

I'm actually not sure how things go with the parent-child relationship. Do the same rules like prior intent, overstay etc apply like it does in spousal cases?