I-130 decision

[Alex3009 0]

Hello,

I wanted to get some opinions about a decision that I need to make. My mother is trying to bring her mother to US. My mother is a US citizen and so is my grandmother's husband. So technically both my grandmother's husband and daughter (my mother) can apply for her. The issue is that my grandfather which is a US citizen does not live in US. He hasn't lived in US for a long time.

1ST Question

Would it be faster and a better option for my mother to do the petition or my grandfather?

2nd QUESTION

If my grandfather does it do you think he might encounter a problem since he doesn't live in US or do you think that it would take a longer process?

So basically I am just trying to decide who would be the best person to do the petition and basically the fastest choice.

Thanks for your help.

[Penguin_ie 5,994]

Both should take about the same time. If grandad petitions, he will need to show that he will move back at the same time or before grandmother.

[aaron2020 11,651]

Hello,

I wanted to get some opinions about a decision that I need to make. My mother is trying to bring her mother to US. My mother is a US citizen and so is my grandmother's husband. So technically both my grandmother's husband and daughter (my mother) can apply for her. The issue is that my grandfather which is a US citizen does not live in US. He hasn't lived in US for a long time.

1ST Question

Would it be faster and a better option for my mother to do the petition or my grandfather? No difference in time to petition by either beneficiary's USC daughter or beneficiary's USC husband. It will be about 6-12 months in either case.

2nd QUESTION

If my grandfather does it do you think he might encounter a problem since he doesn't live in US or do you think that it would take a longer process? Maybe. A USC must be domiciled in the US or have proof of the intent to have one before the immigrant enters the US. Husband will have to come back first or provide documents that he intends to go back to the US.

So basically I am just trying to decide who would be the best person to do the petition and basically the fastest choice.

Thanks for your help.

Have mother file.

First, it is easier to prove a mother/child relationship with a birth certificate than a husband/wife bona fide relationship based on commingling of assets, photos, etc.

Second, mother is domiciled in the US as required by the I-864. US husband is not domiciled in the US which would be a problem on the I-864.