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

[Trina & Raja 2]

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...

[Morganalmonshid94 84]

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.

[KierenHby 899]

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 March 24, 2015 by Kiran n Suds

[Trina & Raja 2]

Thank you everyone. I appreciate the feedback.