Questions: I-130 For Parent

[bopp 0]

Hello friends, and thanks in advance for your help!

My wife and I are both US citizens. My wife plans to file an I-130 to petition for her mother, who is a dual British/Filipino citizen living in Hong Kong. My understanding of the process so far is this:

- My wife will file the I-130

- Upon approval of the I-130, my wife's mother will be notified by the embassy/consulate in Hong Kong, and she will have an interview there.

Now my questions:

1. After my mother-in-law passes the interview, will she be issued a green card for permanent residency, or will she be issued an immigrant visa which will need to be converted to a green card later on?

2. After the I-130 is approved and green card or visa is issued, does my mother-in-law need to enter the US within a certain period of time?

I can't find answers to these anywhere - would appreciate assistance. Thanks!!

[aleful 1,905]

hi,

you must read the guides, the i130 is only the first form in the process. After it is approved it will be sent to the nvc stage or National Visa Center where the second stage process begins. there are more forms, payments and documents to be sent until the file is complete and sent to the embassy where she is.

please read the guides for more information

[Ryan H 3,812]

You skipped a step; after the I-130 is approved, the file is sent to the NVC. At that point, intake of the I-864 and accompanying documentation as well as intake of your MIL's civil documentation will take place. The interview will then be scheduled by the NVC.

Answers to your questions:

1. She will be issued an immigrant visa. When she arrives in the US, the visa will be endorsed which will allow it to act as a temporary green card. The actual green card will come in the mail at a later time (nothing needs to be "converted").
2. The visa must be used before the expiration date that is printed on it. Typically, that is a 6 month period.

[bopp 0]

Ryan: Thanks for those answers! Can I ask a few follow-up questions?

1. After the I-130 is approved and the file is sent to NVC, will NVC contact my wife and I in the US, or my MIL in Hongn Kong, to get the I-864 and supporting documents?

2. What is the general timeframe for I-130 approval in this situation (US citizen petitioning parent)? I know it varies; I'm just looking for weeks, months, or years.

3. After the I-130 is approved, does the process then have to continue immediately, or can it be put on hold? My MIL is not sure when she wants to emigrate, and I'm trying to figure out if we should file the I-130 immediately so that we can continue the process at any future time, or if we should wait until she is ready to emigrate and do the filing then.

I could not find these details in the Guides on this site - if there is more information available, please point me to it.

Many thanks!!

[Ryan H 3,812]

Follow-up answers:

1. Don't wait for the NVC to contact you, about a week after you receive the approval notice, contact the NVC and get the case number. Don't expect to get it on the first call, it may take some time before the file is inputted into the system and a number for it generated. Operators will typically say it takes 20 business days from the time they receive the file to the time a case number for it will be issued (lately they have started to say 30 business days). The I-864 and supporting documents will be provided by your wife who is the petitioner.
2. Since a parent of a US Citizen is in the "Immediate Relative" category, the timeline is similar to that of spousal visas.
3. Once the NVC has the file, you can then control how fast it progresses. The NVC will not consider a case inactive unless 1 year goes by without any correspondence between the petition, beneficiary, or designated agent. So, a simple message to the NVC from time to time resets the 365 day clock.

[bopp 0]

This is extremely helpful, Ryan, thank you!