Petitioning Parents Already in the US with Tourist Visas

[Swerli 0]

Hello all! I am filling out a million forms and am now desperate for some answers.

My parents are here on a tourist visa. I am an American citizen and are petitioning them to became permanent residents. I was advised to complete the following forms:

1. I-130

2. I-864

3. I-693

4. I-485

5. G-325A

6. G-1145

Do I need any other form?

Regarding this forms, here are my questions. They mostly concern what address to put in the form.

G-325A Regarding Applicant's residence last five years, do I need to put first the address where they are currently residing in the US? Or just put their address abroad?

I-485 Part I Address line - Again, what address do I put here? The address here in the US or their address abroad?

I-130 Part C #2 Address line - Again, what address do I put here? The address here in the US or their address abroad?

I-693 Address line - Again, what address do I put here? The address here in the US or their address abroad?

My parents will not be living with me but at my sister's. She has a green card only hence I'm the one petitioning them. Is this going to be a problem with our application? How do I indicate that this will be the case or it doesn't matter?

I think I make enough to meet the financial requirements, but if not, can my sister put in an application as well for support. Which form does she need to complete?

Thank you in advance for any help you might be able to give me.

[xxxwabbiexxx 70]

I can't really help you with the forms because we adjusted from a K1 but I just want to point something out from what I've learnt from other post in the past, they came on a tourist visa and now they're staying?? I'm pretty sure thats visa fraud. Did they enter the country with the intention of staying??

Also, if you don't mind me asking where are you from? if you're from a high fraud country then they could get denied, its just a bit funny that your sister is here too on a green card, you're here and now your parents are here on a tourist visa and now are staying.

If they came on an actual visa and not the VWP, then they will have gone through lots of processes to be granted that visa, and now they're staying?? visa fraud

I'm not being mean at all, I'm just pointing out things that the US immigration will look at and they won't hesitate to come down hard on your parents in an interview, (I'm not expert) but they could face lifetime bans and deportation.

I think the correct way to go about bringing your parents here, is for them to go back home, and you file the correct paper work and then they'll go for an interview for the correct visa.

Like I said I'm no expert, what I've written is just what I've picked up from other people knowledge.

[JimVaPhuong 4,863]

Wabbie is correct about "preconceived intent", which is entering the US with a non-immigrant visa while having the intention to become an immigrant before they leave. However, it's rarely an issue. Unless they were grilled about their intentions when they entered the US then you probably don't have to worry about it.

G-325A Regarding Applicant's residence last five years, do I need to put first the address where they are currently residing in the US? Or just put their address abroad?

I-485 Part I Address line - Again, what address do I put here? The address here in the US or their address abroad?

I-130 Part C #2 Address line - Again, what address do I put here? The address here in the US or their address abroad?

I-693 Address line - Again, what address do I put here? The address here in the US or their address abroad?

I-485: This form is ONLY to be submitted by someone who is physically present in the US. If you look carefully at the address section, you'll notice there is no option to list the country because it's presumed that the applicant is in the US. List their address in the US.

I-130: Part C, question 2 - put their foreign address. That is technically where they reside until they become residents of the US.

I-693: Again, this form is ONLY for people who are getting a medical exam by a civil surgeon in the US. There is no provision to list the country. List their address in the US.

My parents will not be living with me but at my sister's. She has a green card only hence I'm the one petitioning them. Is this going to be a problem with our application? How do I indicate that this will be the case or it doesn't matter?

Where the immigrant will live in the US is only relevant if they're the sponsor's spouse. Your parents aren't required to live with you. However, they ARE required to keep USCIS notified of where they are living. Since you are the primary sponsor then you are also required to notify USCIS where you are living.

I think I make enough to meet the financial requirements, but if not, can my sister put in an application as well for support. Which form does she need to complete?

She will submit an I-864, the same as you. She'll need to include the same financial evidence you do - prior year's tax return, letter of employment, etc. She'll also need to submit proof of her status in the US; e.g., a copy of her green card.

[KenKing 0]

We're planning to apply for my mother-in-law (my wife became USC this week) so doing the same thing as OP. If my mother-in-law has already visited the US several times and returned to China on-time every visit, there shouldn't be any concerns about "perceived intent to immigrate" for this most recent trip, right? We just don't want her to have to deal with the US consulate in China by herself, where as, if she applied here, we could accompany her throughout the process. Also, I think she would have to go to GuangZhou US consulate if she applied in China right? she lives in Shanghai. That will certainly be a major obstacle for her. Does that make sense?

[Swerli 0]

I can't really help you with the forms because we adjusted from a K1 but I just want to point something out from what I've learnt from other post in the past, they came on a tourist visa and now they're staying?? I'm pretty sure thats visa fraud. Did they enter the country with the intention of staying??

Also, if you don't mind me asking where are you from? if you're from a high fraud country then they could get denied, its just a bit funny that your sister is here too on a green card, you're here and now your parents are here on a tourist visa and now are staying.

If they came on an actual visa and not the VWP, then they will have gone through lots of processes to be granted that visa, and now they're staying?? visa fraud

I'm not being mean at all, I'm just pointing out things that the US immigration will look at and they won't hesitate to come down hard on your parents in an interview, (I'm not expert) but they could face lifetime bans and deportation.

I think the correct way to go about bringing your parents here, is for them to go back home, and you file the correct paper work and then they'll go for an interview for the correct visa.

Like I said I'm no expert, what I've written is just what I've picked up from other people knowledge.

As the other users have posted, this is not a concern. My parents have been coming to the US for the past 15 years. This will not be visa fraud. That's why the government has forms to change the status from tourist visa to an immmigrant. It is a common process. Thank you for your concern.

[Swerli 0]

Wabbie is correct about "preconceived intent", which is entering the US with a non-immigrant visa while having the intention to become an immigrant before they leave. However, it's rarely an issue. Unless they were grilled about their intentions when they entered the US then you probably don't have to worry about it.

I-485: This form is ONLY to be submitted by someone who is physically present in the US. If you look carefully at the address section, you'll notice there is no option to list the country because it's presumed that the applicant is in the US. List their address in the US.

I-130: Part C, question 2 - put their foreign address. That is technically where they reside until they become residents of the US.

I-693: Again, this form is ONLY for people who are getting a medical exam by a civil surgeon in the US. There is no provision to list the country. List their address in the US.

Where the immigrant will live in the US is only relevant if they're the sponsor's spouse. Your parents aren't required to live with you. However, they ARE required to keep USCIS notified of where they are living. Since you are the primary sponsor then you are also required to notify USCIS where you are living.

She will submit an I-864, the same as you. She'll need to include the same financial evidence you do - prior year's tax return, letter of employment, etc. She'll also need to submit proof of her status in the US; e.g., a copy of her green card.

Thank you so much! You have answered all my questions and eased my mind. It makes more sense now when you put it like that. There's just so many forms and I think i'm just getting "form fatigue". It's also hard collecting all the documents that I need with my busy schedule. Hopefully I'll get it all together. Wish me luck!

[Swerli 0]

We're planning to apply for my mother-in-law (my wife became USC this week) so doing the same thing as OP. If my mother-in-law has already visited the US several times and returned to China on-time every visit, there shouldn't be any concerns about "perceived intent to immigrate" for this most recent trip, right? We just don't want her to have to deal with the US consulate in China by herself, where as, if she applied here, we could accompany her throughout the process. Also, I think she would have to go to GuangZhou US consulate if she applied in China right? she lives in Shanghai. That will certainly be a major obstacle for her. Does that make sense?

As JimVaPhuong said - Wabbie is correct about "preconceived intent", which is entering the US with a non-immigrant visa while having the intention to become an immigrant before they leave. However, it's rarely an issue. Unless they were grilled about their intentions when they entered the US then you probably don't have to worry about it.

And I agree with what you said, it's easier doing it this way, rather than spending a lot of money calling and mailing documents internationally.

Good luck to both of us!

[JimVaPhuong 4,863]

Let's clarify what I said with some specifics.

If your parents are already in the country and you've decided to go ahead and get them green cards then it's not a problem.

If your parents are NOT already in the country, and you're planning in ADVANCE of them entering the country to apply for a green card after they arrive, then that's NOT OK. That's preconceived intent, and it's not legal.

What I said about it rarely being an issue is true. In the rare cases where it DOES become an issue then it's usually a big time deal breaker. USCIS won't deny AOS for an immediate relative of a US citizen solely because of preconceived intent - not even if they have actual physical evidence of the intent. However, they WILL deny AOS if they have evidence that the alien ever lied about their intent to an immigration officer. This is why I brought up being "grilled about their intentions".

Here's a hypothetical scenario...

Mom and pop arrive in the US and are standing at the immigration counter. The CBP officer asks why they are visiting the US. They say they're here to visit their son/daughter. The CBP officer asks if the son/daughter is a US citizen, and they reply "Yes". The CBP officer asks how long they plan to stay. There's a pregnant pause while mom and dad try to think of what to say. They finally say "A few months - we're not sure." The CBP officer says "Come with me", and leads them to the secondary inspection station.

Mom and dad are placed in a small room and told to wait. About 45 minutes later a CBP officer and an ICE officer come into the room, and they're carrying mom and dad's luggage. The CBP officer asks again "Why are you visiting the US?". Mom and dad reply that they're visiting their son/daughter. The CBP officer asks again "How long are you planning on staying?". Again, they respond a few months - not sure exactly. The CBP officer produces an envelope he retrieved from dad's luggage containing various personal documents - birth certificates, marriage certificates, etc. - NOT stuff a typical visitor would need while in the US. A long and tense question and answer session ensues. Ultimately, the CBP officer hands mom and dad a statement to sign telling them that they'll be permitted to enter the US if they sign it. The gist of the statement is that they are entering the US, and do not intend to apply for immigrant status before leaving.

If they apply for AOS after the above sequence of events then they'll be denied for material misrepresentation, and banned from returning to the US.

Adjustment of status from a non-immigrant visa that does not specifically allow for immigrant intent is intended ONLY for situations where the circumstances changed after the alien arrived in the US, and it would be needlessly bureaucratic to force the alien to return to their home country for immigrant visa processing. AOS was NOT intended to be used as an alternative to the immigrant visa process. If CBP suspects you intend to do this then they'll either deny you entry, or they'll set you up for a P6C denial as described above.

[KenKing 0]

Let's clarify what I said with some specifics.

If your parents are already in the country and you've decided to go ahead and get them green cards then it's not a problem.

If your parents are NOT already in the country, and you're planning in ADVANCE of them entering the country to apply for a green card after they arrive, then that's NOT OK. That's preconceived intent, and it's not legal.

What I said about it rarely being an issue is true. In the rare cases where it DOES become an issue then it's usually a big time deal breaker. USCIS won't deny AOS for an immediate relative of a US citizen solely because of preconceived intent - not even if they have actual physical evidence of the intent. However, they WILL deny AOS if they have evidence that the alien ever lied about their intent to an immigration officer. This is why I brought up being "grilled about their intentions".

Here's a hypothetical scenario...

Mom and pop arrive in the US and are standing at the immigration counter. The CBP officer asks why they are visiting the US. They say they're here to visit their son/daughter. The CBP officer asks if the son/daughter is a US citizen, and they reply "Yes". The CBP officer asks how long they plan to stay. There's a pregnant pause while mom and dad try to think of what to say. They finally say "A few months - we're not sure." The CBP officer says "Come with me", and leads them to the secondary inspection station.

Mom and dad are placed in a small room and told to wait. About 45 minutes later a CBP officer and an ICE officer come into the room, and they're carrying mom and dad's luggage. The CBP officer asks again "Why are you visiting the US?". Mom and dad reply that they're visiting their son/daughter. The CBP officer asks again "How long are you planning on staying?". Again, they respond a few months - not sure exactly. The CBP officer produces an envelope he retrieved from dad's luggage containing various personal documents - birth certificates, marriage certificates, etc. - NOT stuff a typical visitor would need while in the US. A long and tense question and answer session ensues. Ultimately, the CBP officer hands mom and dad a statement to sign telling them that they'll be permitted to enter the US if they sign it. The gist of the statement is that they are entering the US, and do not intend to apply for immigrant status before leaving.

If they apply for AOS after the above sequence of events then they'll be denied for material misrepresentation, and banned from returning to the US.

Adjustment of status from a non-immigrant visa that does not specifically allow for immigrant intent is intended ONLY for situations where the circumstances changed after the alien arrived in the US, and it would be needlessly bureaucratic to force the alien to return to their home country for immigrant visa processing. AOS was NOT intended to be used as an alternative to the immigrant visa process. If CBP suspects you intend to do this then they'll either deny you entry, or they'll set you up for a P6C denial as described above.

Yeah, That's just silly to not have a definite answer to a CBP's questions and having all those important documents with you in the luggage.

[Swerli 0]

Hi again JimVaPhuong! I was wondering if you can help me with a few more questions. I am filling out the forms and trying to collect documents for myself and for my parents. I am stuck with Form I-864 Part 3 No. 9 - "I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2 above. Do not include any relative listed on a separate visa petition." The statements are contradictory. I am sponsoring my parents at the same time so yes to first statement. Then the second one says do not include those listed on a separate visa petition. I have 2 petitions (separate I-190 as required) for them so they are on separate ones. My question is - Do I list my parents on each other's form or not?

Thank you again for any help you might give.

[JimVaPhuong 4,863]

Hi again JimVaPhuong! I was wondering if you can help me with a few more questions. I am filling out the forms and trying to collect documents for myself and for my parents. I am stuck with Form I-864 Part 3 No. 9 - "I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2 above. Do not include any relative listed on a separate visa petition." The statements are contradictory. I am sponsoring my parents at the same time so yes to first statement. Then the second one says do not include those listed on a separate visa petition. I have 2 petitions (separate I-190 as required) for them so they are on separate ones. My question is - Do I list my parents on each other's form or not?

Thank you again for any help you might give.

The question is specifically about derivative visa categories; i.e., applicants whose eligibility to get a visa number is derived from the primary beneficiary's petition. A derivative is the spouse or minor child of the primary beneficiary. Family preference visa categories allow for derivatives. Immediate relative visa categories do not - a separate petition is required for each beneficiary. Parents of a US citizen are immediate relatives - not family preference.

This means you need a separate I-864 for each parent, and you don't list parent A on parent B's I-864, and vice versa.

[Yazz 1]

Hi again JimVaPhuong! I was wondering if you can help me with a few more questions. I am filling out the forms and trying to collect documents for myself and for my parents. I am stuck with Form I-864 Part 3 No. 9 - "I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2 above. Do not include any relative listed on a separate visa petition." The statements are contradictory. I am sponsoring my parents at the same time so yes to first statement. Then the second one says do not include those listed on a separate visa petition. I have 2 petitions (separate I-190 as required) for them so they are on separate ones. My question is - Do I list my parents on each other's form or not?

Thank you again for any help you might give.

Hi Swerli,

I have the same case. I am going to file for my mom the I-130 and I-485 since she is already here under visitor visa; also my sister is LPR as well gained as qualified professional (she is a doctor); can you please tell me what is the current status of the process with your parents? did your sister file the I-864 as well? my mom is going to live with her as well and we live in different cities..

I would really appreciate your feedback since I have the same doubts you had at the beginning (about addresses, form, etc)

Thanks!

Yazz