Want my Mum to come over from UK for six months

[samloubolton 0]

I'm a UK citizen and US permanent resident with ten year GC. I'm expecting my first baby next April and want my Mum to stay for six months whilst we transition - my husband plans on being a SAHD but we could use some help for a bit. I know she can come for three months, but how do I go about having her stay for longer to help out? Looked at the embassy and I can't figure out how to book appointments or what they really need to do - pregnancy brain doesn't help with figuring it all out.

[JayJayH 546]

I generally discourage people who can use the Visa Waiver Program from ever applying for a B-2.

Reason: A B-2 denial will usually result in ineligibility to use the VWP.

She can visit visa-free for up to 90 days already. To stay for longer than that she will need a B-2. When applying for a B-2 in London, the first question that the consular officers will have is "Why doesn't she just use the VWP?" - Because she wants to stay for more than 90 days. While fully legal to do, she will need to show the consular officer that she intends to return to the UK, and that she can fully support herself while I the US without doing illegal work. Keep in mind here that babysitting, whether paid or unpaid, is considered work (as any US worker could do it).

Is she retired? To her visa interview she should bring paperwork showing her UK pension. She should also bring some sort of evidence showing that she owns assets in the UK that she does not intend to leave behind - For example a house, car etc. Basically anything that would convince a CO that she would be crazy to want to stay or work illegally in the US.

This generally isn't very difficult for a British citizen, but the consequences of a B-2 denial are fairly grim, as it will be a long time until she could use the visa waiver program again, if ever. It's a gamble. Depending on her situation and UK ties, her odds may be higher or lower, but I would recommend having her come for 90 days, then revisit after a few months for another 90 days, rather than go the B-2 visa route.

To apply, she should start here: http://london.usembassy.gov/mobile/niv/apply.html and select B-2.

Edited November 16, 2013 by Yang-Ja

[samloubolton 0]

My Mum isn't retired yet, but they would be flexible and let her take her take the time off (she has worked at the same place for thirty years) and they do own their home and have car etc. My Dad isn't comfortable leaving the house empty for so many months, so they would come out together and then Dad would go home just before the VWP expires and I was hoping Mum would stay to help us out a bit longer. Baby is due in April and I know they both want to be here for the following December for their grandchilds first Christmas too! Ugh, I just need them to move here - but I know that's a whole other story!!! Maybe a couple of months and then they both go home and then back for Christmas for another two months would be easier... I'm just hormonal and want my Mum!!! Not sure how much the Embassy would care about that though!

[JayJayH 546]

The embassy really doesn't care why she's going to the US, as long as it's for visiting. They only care that she returns. I'd say she has a very good shot of getting the B-2 approved, I'm just always weary about recommending B-2s for people who are otherwise eligible for the VWP because in the event of a B-2 denial she would be barred from using the VWP again for a long time, possibly forever.

If she does choose to go for the B-2, make sure she brings to the interview evidence of her assets in the UK, an employer letter from her job stating that they're ok with her six month vacation, that they expect her back on such and such date, and preferably a pay stub or two. This might sound like overkill, and they might not even ask for it at all, but better to be safe than sorry.

If their house and car is in both their names, this proves 1. That she owns assets in the UK, 2. That she has a stable income in the UK, and 3. That she has a husband in the UK. In other words, it would be reasonable to assume her to be crazy to leave all of it behind to live in the US illegally.

Also, make absolutely sure she refrains from using any language that could potentially have her labeling herself as your nanny (as she could be denied for intending to work illegally).

Once you're a US citizen, you can petition for your parents to live in the US if they want to do that.

Edited November 16, 2013 by Yang-Ja

[samloubolton 0]

Thanks for the advice, I definitely would not want her barred from visiting - it would break her heart to not be able to meet her grandbaby. I don't know whether they take into account her previous travel history and that she has been coming in and out for years and always returned home in good time. Working on my citizenship so that I can sponsor them both, but not going to be anywhere near done with all that good stuff by the time baby is born.

I am hoping that saying she is coming to visit a new grandchild is an okay reason and won't make them think she is working illegally...We might end up just using the VWP and having them both come and go, and then back for Christmas...will chat with them tomorrow and see what they think. Six months on a B2 would mean going home October and then back for Christmas might raise a few eyebrows...just not sure she'll get away with 8 months here out of a year.

[JayJayH 546]

Again, they don't really care whether she is visiting her grandson, going to Disneyland or surfing in Hawaii. They care that she will not work, and that she will return to the UK.

If I were to bet money, I'd bet my money on the B-2 being granted with no issue what so ever. She has a well documented travel record, never overstayed, never abused her visa waiver privileges, she has a steady job in the UK, strong family ties in the UK, and she owns a house etc. Hell, she'd be giving up NHS benefits and probably her retirement if she stayed in the US illegally. I'd be very surprised if she was denied the B-2.

But it's still a gamble, no matter how small of a gamble. A B-2 denial may mean she won't be back in the US until you become a citizen and petition her (A B-2 denial has absolutely no bearing on an immigrant visa denial, if 'immigrant intent' was the denial reason).

Keep in mind also that yes, spending 8 months out of the year in the US will almost certainly raise a CBP eyebrow or two when she returns for xmas.

If it were my mom, I'd just plan around the VWP because it's much safer option, and is much more hassle-free. In the end, this decision is up to you and your family, and I can only warn you of the ramifications in the unlikely event that she is denied.

Edited November 16, 2013 by Yang-Ja

[RhettVoe 282]

The first question that will likely be asked of your mother will be.."why do you have to (or need to) to visit for 6 months?" the second question will be 'when is the baby due?' and the third..."where does your daughter work?'...the answers to those three questions are pivotal.....lie, and a denial follows....tell the truth (about child care) and a denial follows...and then, good-bye VWP....is free child care worth the loss of that privilege?

[Boiler 45,670]

How old is she?

Personally I would not risk it, use the VWP. The downside is too great. She would have to update ESTA and that probably would result in a refusal for 6 months or so. That seems the norm anyway, YMMV.

You can get long term travel insurance for Gap year gap ages but when I looked some years ago it was not available for the older age group.

[samloubolton 0]

Rhett - I am not trying to bring my Mum over here for free child care. I am an only child, this is the first and most likely grandchild for my parents - so I don't think it's unreasonable to want my Mum for the moral support whilst we transition for our first baby. I will be at home too as long as possible, and my husband plans on transitioning to being a SAHD. She would be coming to visit and do what any Grandma does on the birth of their first grandchild. I most certainly would not put her in a position of lying to USCIS or the Embassy.

[Boiler 45,670]

She can do that on the VWP, no need to complicate matters.

[RhettVoe 282]

"moral support" does not require six months....and you already mentioned 'helping out'...no one with a real job can take off for 6 months...even in the UK. Anyway, it's your risk....if she fails, wave good bye to the VWP, a huge privilege to put at risk.