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Petitioning wife's mom for concurrent i130 and i1485, her mom is in the usa now. any advice

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Hi,

I haven't been here in a while. I started here when I first married my wife under the Fiancee visa and all the guidance helped. My wife has been a US Citizen since 2014. We are getting ready to send over the forms for i130 and i485 for her mother now. Her mom is in the USA on a visitor VISA now, but after months of being with us has decided she wanted to stay. Her husband is going back home though. My wife is a US citizen.

We will provide a cover letter and all the supporting documents. The I693 medical exam is in a sealed envelope. Any advice? Thanks in advance and good luck all.


I129F Vermont Service Center

I-129F Sent: 2006-03-21 I-129F NOA1: 2006-03-28 I-129F NOA2 : 2006-04-20

case sent back from overseas: 2006-05-22 because of IMBRA law

case received back at NVC: 2006-07-21

reopened at VSC: 2006-08-02

I-129F RFE(s) sent from VSC, email notice: 2006-08-03

I-129F RFE(s) received at my house:2006-08-09

RFE returned to VSC via USPS Priority Mail: 2006-08-10

RFE returned to VSC, email notice of receipt: 2006-08-15

Reapproval: 2006-08-29

Sent to NVC: 2006-08-30

Sent to Consulate: 2006-09-07

Consulate Received: Unsure

Received Packet 4: 2006-09-27

Interview Date : 10/12/2006

Entered USA : 10/31/2006 Married : 11/20/2006 SSN Received: 12/12/2006

AOS and EAD

Aos and I-765 Sent : 02/13/2007 via USPS Certified Mail

USPS delivery to Chicago Lockbox confirmed through Internet USPS tracking number: 2/20/2007

Check cashed : 03/02/2007

Noa for I765, I485 : 02/27/2007

Letter received for Biometrics : 03/05/2007

Biometrics Appointment 20 minutes : 03/16/2007

Email notifying I485 transferred to CSC : 03/19/2007

Letter received notifying transfer to CSC : 03/26/2007

Email notifying I485 case is pending at CSC : 04/17/2007

EAD Approved and Card Production ordered email : 05/07/2007

EAD Approval notice sent via snail mail: 05/10/2007 EAD Received : 05/11/2007

Email welcoming new permanent resident : 05/24/2007

2 Year Green card in hand : 06/01/2007

i-751

sent out packet via priority mail and delivery confirmation to Vermont Service Center: 03/23/2009

check cashed: 3/31/09 Noa: 4/1/09 Biometrics letter: 4/15/09 Biometrics Appt: 4/24/09 done

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Hi,

I haven't been here in a while. I started here when I first married my wife under the Fiancee visa and all the guidance helped. My wife has been a US Citizen since 2014. We are getting ready to send over the forms for i130 and i485 for her mother now. Her mom is in the USA on a visitor VISA now, but after months of being with us has decided she wanted to stay. Her husband is going back home though. My wife is a US citizen.

We will provide a cover letter and all the supporting documents. The I693 medical exam is in a sealed envelope. Any advice? Thanks in advance and good luck all.

This is exactly why so many people are denied a tourist visa coming from Thailand. Long ago I was denied 3 times which was very difficult at the time to understand. It was those decisions the U S govt made that inspired us to become U S citizens. They were right in what they did based on what we see so many times here on V J including this case. Still the loophole is there for people to take advantage of.

All that can be done is submit the case. This could come down to a USCIS discussion about her intent when she entered. They may find it suspect when they realize her husband left her here.

If she is approved it will certainly change the way things have been & will be for a very long time.

Good luck

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i suggest reviewing the instructions and checklists in the Guides section under the AOS section, it's the same stuff for a parent (I think it states 'Foreign Spouse in USA')


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Ning,

Thanks for responding. My wife came over from Thailand as a K1 visa, we had to finish all the processing before she was able to come over. Since you were a K3 visa applicant, I guess you were able to come to the US while you were processing your paperwork. I will elaborate on this matter later. The law helped your situation. My wife has been a US Citizen since 2014 and she applied on her own without my help. As a US Citizen, she can petition her parents to come live in the US at any time. As for her parents, they never wanted to come live over here, they just wanted to visit. As a matter of fact they were approved for a tourist visa their first time and was approved for a 10 year visa. I purchased round trip tickets for both. I'm not sure why you were denied 3 times for a tourist visa. However, you are living in the US now as a US Citizen and not as a tourist. Your original intent was to be just a tourist, correct or did you just want to leave Thailand? I know that they didn't want to approve young people for a tourist visa or student visa because a lot of them stayed in the US and found ways not to go back. Most of them tried to find husbands just to stay here. Actually, so many young women come over here as au pairs, and find husbands that way. I met a young lady yesterday that was an au pair and now she lives here with her husband and daughter. I'm sure their intent was to leave Thailand any way they can.

After 3 months of being with her grandchildren, my mother-in-law asked if she could stay. Form I-130 allows for concurrent processing of the I-485, per the instructions. So there is no loophole there. She is just processing the paperwork while her mom is in the US currently. Of course she can process the paperwork if her mom went back to Thailand. This is her right as a US Citizen. That goes back to the K3 visa, it allows for processing while applicant is in the US.

I was merely asking for advice, I know we are the not the first to do concurrently filing. Search the internet. I know we won't be the last. Who knows you might know someone who will apply in the future.

Thanks Wuhan Rocks!


I129F Vermont Service Center

I-129F Sent: 2006-03-21 I-129F NOA1: 2006-03-28 I-129F NOA2 : 2006-04-20

case sent back from overseas: 2006-05-22 because of IMBRA law

case received back at NVC: 2006-07-21

reopened at VSC: 2006-08-02

I-129F RFE(s) sent from VSC, email notice: 2006-08-03

I-129F RFE(s) received at my house:2006-08-09

RFE returned to VSC via USPS Priority Mail: 2006-08-10

RFE returned to VSC, email notice of receipt: 2006-08-15

Reapproval: 2006-08-29

Sent to NVC: 2006-08-30

Sent to Consulate: 2006-09-07

Consulate Received: Unsure

Received Packet 4: 2006-09-27

Interview Date : 10/12/2006

Entered USA : 10/31/2006 Married : 11/20/2006 SSN Received: 12/12/2006

AOS and EAD

Aos and I-765 Sent : 02/13/2007 via USPS Certified Mail

USPS delivery to Chicago Lockbox confirmed through Internet USPS tracking number: 2/20/2007

Check cashed : 03/02/2007

Noa for I765, I485 : 02/27/2007

Letter received for Biometrics : 03/05/2007

Biometrics Appointment 20 minutes : 03/16/2007

Email notifying I485 transferred to CSC : 03/19/2007

Letter received notifying transfer to CSC : 03/26/2007

Email notifying I485 case is pending at CSC : 04/17/2007

EAD Approved and Card Production ordered email : 05/07/2007

EAD Approval notice sent via snail mail: 05/10/2007 EAD Received : 05/11/2007

Email welcoming new permanent resident : 05/24/2007

2 Year Green card in hand : 06/01/2007

i-751

sent out packet via priority mail and delivery confirmation to Vermont Service Center: 03/23/2009

check cashed: 3/31/09 Noa: 4/1/09 Biometrics letter: 4/15/09 Biometrics Appt: 4/24/09 done

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Her immigrant intent, or lack thereof was assessed when she entered. I have yet to see a problem adjusting, even where parents had no AOS stamped on their passports.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ning,

Thanks for responding. My wife came over from Thailand as a K1 visa, we had to finish all the processing before she was able to come over. Since you were a K3 visa applicant, I guess you were able to come to the US while you were processing your paperwork. I will elaborate on this matter later. The law helped your situation. My wife has been a US Citizen since 2014 and she applied on her own without my help. As a US Citizen, she can petition her parents to come live in the US at any time. As for her parents, they never wanted to come live over here, they just wanted to visit. As a matter of fact they were approved for a tourist visa their first time and was approved for a 10 year visa. I purchased round trip tickets for both. I'm not sure why you were denied 3 times for a tourist visa. However, you are living in the US now as a US Citizen and not as a tourist. Your original intent was to be just a tourist, correct or did you just want to leave Thailand? I know that they didn't want to approve young people for a tourist visa or student visa because a lot of them stayed in the US and found ways not to go back. Most of them tried to find husbands just to stay here. Actually, so many young women come over here as au pairs, and find husbands that way. I met a young lady yesterday that was an au pair and now she lives here with her husband and daughter. I'm sure their intent was to leave Thailand any way they can.

After 3 months of being with her grandchildren, my mother-in-law asked if she could stay. Form I-130 allows for concurrent processing of the I-485, per the instructions. So there is no loophole there. She is just processing the paperwork while her mom is in the US currently. Of course she can process the paperwork if her mom went back to Thailand. This is her right as a US Citizen. That goes back to the K3 visa, it allows for processing while applicant is in the US.

I was merely asking for advice, I know we are the not the first to do concurrently filing. Search the internet. I know we won't be the last. Who knows you might know someone who will apply in the future.

Thanks Wuhan Rocks!

I wont respond to your filthy questions. You have no idea what transpired in my case. I am sorry you had an experience in reality or fantasy that leads you to believe all Thai women are as you found on Patong or in Pattaya. I feel sorry for your wife.

I wasn't in the USA until I had a C R 1 visa. My husband decided to give us the freedoms we citizen enjoy here. I had no plans to leave my family, businesses, culture nor property we own there.

Your accusations about all these people coming as au pairs that are shopping for husbands is based on what? Your low opinion of Thais? You just found another one yesterday?

I suggested you file the case. I understand the rights I have as a U S citizen. Thanks.

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I forgot to come back and update. My mother in law received her green card in November 2015. She did not have to go through an interview process. She has obamacare and we pay for everything, no help because our income is too high. We plan on taking her to visit Thailand very soon. Thanks again to the people at VisaJourney.com and the guides/samples.


I129F Vermont Service Center

I-129F Sent: 2006-03-21 I-129F NOA1: 2006-03-28 I-129F NOA2 : 2006-04-20

case sent back from overseas: 2006-05-22 because of IMBRA law

case received back at NVC: 2006-07-21

reopened at VSC: 2006-08-02

I-129F RFE(s) sent from VSC, email notice: 2006-08-03

I-129F RFE(s) received at my house:2006-08-09

RFE returned to VSC via USPS Priority Mail: 2006-08-10

RFE returned to VSC, email notice of receipt: 2006-08-15

Reapproval: 2006-08-29

Sent to NVC: 2006-08-30

Sent to Consulate: 2006-09-07

Consulate Received: Unsure

Received Packet 4: 2006-09-27

Interview Date : 10/12/2006

Entered USA : 10/31/2006 Married : 11/20/2006 SSN Received: 12/12/2006

AOS and EAD

Aos and I-765 Sent : 02/13/2007 via USPS Certified Mail

USPS delivery to Chicago Lockbox confirmed through Internet USPS tracking number: 2/20/2007

Check cashed : 03/02/2007

Noa for I765, I485 : 02/27/2007

Letter received for Biometrics : 03/05/2007

Biometrics Appointment 20 minutes : 03/16/2007

Email notifying I485 transferred to CSC : 03/19/2007

Letter received notifying transfer to CSC : 03/26/2007

Email notifying I485 case is pending at CSC : 04/17/2007

EAD Approved and Card Production ordered email : 05/07/2007

EAD Approval notice sent via snail mail: 05/10/2007 EAD Received : 05/11/2007

Email welcoming new permanent resident : 05/24/2007

2 Year Green card in hand : 06/01/2007

i-751

sent out packet via priority mail and delivery confirmation to Vermont Service Center: 03/23/2009

check cashed: 3/31/09 Noa: 4/1/09 Biometrics letter: 4/15/09 Biometrics Appt: 4/24/09 done

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