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Trina & Raja

US Citizen applying for a Green Card for mother while mother is visiting US

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Hello Friends,

My wife is currently a green card holder, who will be applying for citizenship in the next 3-6 months. Once she obtains her US citizenship, she would like to apply for her mother (her only family) to come to the US with a Green Card. My wife's mother already has a 10 year multiple entry US visitor's visa, which she's used to come visit us thrice already without any issues.

We are exploring the option to apply for a I130 & I485 during one of her future trips, once my wife obtains her US citizenship. I have the following concerns:

1) Will USCIS frown upon our application given that she had expressed no immigration intent when she had initially applied for her visitor's visa a couple of years ago?

2) Should I choose the more conventional option of I-130 followed by NVC processing then interview at the US Consulate abroad?

3) Is this process simple enough for me to do it by myself? or is a attorney recommended for such a process?

4) If we choose to go down the I130 + I485 option, would I need to prove that a life situation change lead us to apply for her green card while she was here in the US. A situation that we could not foresee when we were planning her travel to the US x days or months ago?

Please advice!

Thank you in advance...

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You've already said she wants to get her a green card your not going to "foresee" anything, it's visa fraud to come over on a visitors visa with immigrant intent which is what she intends to do honestly . What you mentioned is the best route let her get her citizenship then do a i-130 while the mother is abroad she is still allowed to visit but must prove she has ties to return to her home country and not wait out the i-130 in the u.s.

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1) Will USCIS frown upon our application given that she had expressed no immigration intent when she had initially applied for her visitor's visa a couple of years ago?

You seem to have already declared her immigrant intent.

Petitioning while on a future visit could violate conditions of her US entry; be aware it can potentially risk her visitor visa altogether.

2) Should I choose the more conventional option of I-130 followed by NVC processing then interview at the US Consulate abroad?

Yes! I130 + CP in her home country. The correct, and legally sound, method.

4) If we choose to go down the I130 + I485 option, would I need to prove that a life situation change lead us to apply for her green card while she was here in the US. A situation that we could not foresee when we were planning her travel to the US x days or months ago?

You appear to be stating this is a preconceived, already-foreseen notion, and may no longer qualify as a life situation change from a USCIS\DOS viewpoint.

Edited by Kiran n Suds

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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