I-130...Only mother petitioned

[STL_HCMC 0]

I have a question about something that just dawned on me. My wife, US Citizen and petitioner, has petitioned/filed an I-130 for her mother. Her father (still married to her mother) does not have interest in immigrating at this time. Assuming all approvals through USCIS/NVC and the case is forwarded to Ho Chi Minh City for interview, will the issue of petitioning her mother only raise any road blocks at the US Consulate interview? Should my wife go ahead and file another I-130 to petition for her father and have him at least come and see if he likes it? If he doesn't he can always go back to Vietnam - correct?

Still new to the I-130 relative part! Thanks in advance for feedback!

STL_HCMC

[ngvuanh 0]

Hi,

You should tell your wife to file I-130 for both her mother and father, IMO.

May be your wife's father changes his mind later.

[STL_HCMC 0]

Thanks ngvuanh. I appreciate the reply.

Does anyone else have any feedback regarding potential roadblocks at the US Consulate interview? Anyone with similar experience?

[JimVaPhuong 4,863]

This is like deja vu. Someone else had a very similar situation recently:

http://www.visajourney.com/forums/topic/343931-father-in-law-has-no-interest/

The issues that were pointed out in that thread could apply in this case, as well. It can raise suspicions when one spouse is attempting to immigrate and the other is not. One of the things they might suspect is exactly what the OP in the other thread was trying to do - use an immigrant visa as an alternative for a parent who had been denied a visitors visa, and had little hope of getting a visitors visa in the future. Another scenario they might suspect is one parent going to the US just long enough to get visas for the other kids in the family, and planning to return to Vietnam as soon as the other kids have their green cards. That defeats the primary purpose of the IR category of visas, which is family reunification.

Immigrant visas are meant for people who intend to permanently reside in the US. If it looks like someone is applying for an immigrant visa when they might not intend to become an immigrant then the consulate may suspect the visa is being misused. As I pointed out in that other thread, that's not legal and can be used as a basis to deny the visa.

[icolbowca 0]

You can submit the single, I-130 for your mother-in-law. Legally, there are no issues/problems there. In the interview, if asked, just tell the truth... that husband has no intirest in immigrating. There's a lot of speculation that goes on in the consular section of a USEMB, but I hate reading into speculation because it makes us take unnecesary actions. Good luck!

[STL_HCMC 0]

Thanks icolbowca. Honesty always in this process. We're certainly not trying to do anything illegal or cheat the system.

I'm just wondering if it is better to apply for her father in addition to her mother and then let her father decide after coming here if this is the place he wants to live permanently. If he doesn't he can always decide to move back to Vietnam and just abandon the green card - correct? Without being able to obtain a visitors visa there really isn't any other way for him to experience living here to make that decision.

Has anyone had success with only one parent being approved for an immigrant visa?

STL_HCMC

[sergeman 0]

Has anyone had success with only one parent being approved for an immigrant visa?

STL_HCMC

I will tell you on January 17th.

[icolbowca 0]

Yes. Ultimately, it is better to apply for both at the same time for any number of reasons chief among them is that (1) you get it all out of the way at once and don't have to go through the whole routine a second time, and (2) you eliminate any potential "perception" problems at the USEMB. If given the option, I would do both now. If the father doesn't like it then he can always go back and decline LPR.

[STL_HCMC 0]

We've already sent the I-130 in for her mother and received the NOA1. If we file for her father this week will the applications sync up at USCIS before being forwarded to the US Consulate in HCMC? I guess at worst her mother could answer in the interview that a petition for her husband is pending and was filed after hers.

Thanks for the continued input on the topic.

STL_HCMC

Yes. Ultimately, it is better to apply for both at the same time for any number of reasons chief among them is that (1) you get it all out of the way at once and don't have to go through the whole routine a second time, and (2) you eliminate any potential "perception" problems at the USEMB. If given the option, I would do both now. If the father doesn't like it then he can always go back and decline LPR.

[sergeman 0]

I will tell you on January 17th.

Visa granted.

[visaqna 1]

Visa granted.

That's good to hear.

We're in a bit of a weird situation and are hoping our outcome will be the same.

I am a U.S. citizen. My spouse has a green card but is not yet a U.S. citizen (2 more months before can apply). My spouse has a sibling in the U.S. who is already a citizen. That sibling has been the petitioner for their father.

Their father is married, but it is their step-mother. She became their step-mother when the sibling was 19, so there is no way for that sibling to be a petitioner for her. My spouse can be a petitioner, but only after getting U.S. citizenship of course.

We are hoping the green card will be approved for the father even though nothing is in process yet for his wife.

Edited January 30, 2012 by visaqna