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Bringing a Parent of a US Citizen to the US (merged)

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You can petition them to visit though if you are only a permanent resident, correct? This is what I have been told so if this is incorrect I really need to know. thx!


K1-VISA

06/09/2014 I-129F sent

06/16/2014 I-129F received
06/19/2014 NOA1 hard copy received

12/01/2014 I-129F approved!!

12/06/2014 NOA2 hard copy received

12/08/2014 NVC Received my packet

12/11/2014 Received case # from NVC after calling a million times

12/12/2014 NVC sent my packet to the embassy in Havana

12/18/2014 Received my Invoice# & Beneficiary # from NVC

12/20/2014 Received NVC confirmation via mail that my packet was sent to the embassy in Havana

12/24/2014 DS-160 Submitted and Interview Scheduled

02/17/2015 Interview in Havana - APPROVED!

02/24/2015 Fiancé picked up his visa

03/06/2015 POE Miami, FL - He made it!

04/24/2015 Married

AOS

05/21/2015 AOS package sent (I-485, I-765, I-131)

06/09/2015 NOA1 (I-485, I-765, I-131)

06/19/2015 Biometrics Appointment

08/16/2015 I-765 Approved

08/16/2015 I-131 Approved

08/20/2015 Received dual Work Authorization and Travel Permission Card

09/30/2015 Interview Waiver letter received

10/10/2015 Temporary Permanent Resident Card Received

ROC

07/21/2017  I-751 Sent

08/02/2017  I-751 NOA1

08/23/2017  Biometrics Appointment

09/01/2017  I-797 Extension Letter Received (1yr. Extension)

09/11/2018  Second I-797 Extension Letter Received (Additional 6mo Extension)

10/16/20018 Received notification that status had changed and that conditions were being removed and permanent (10 yr.) green card in process

10/22/2018  Received green card in the mail

(L)(L)(L)(L)(L)(L)(L)

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You can petition them to visit though if you are only a permanent resident, correct? This is what I have been told so if this is incorrect I really need to know. thx!

What you have been told is incorrect. No one can petition anyone for a visitor visa. The visitor applies on his/her own and qualify based on his/her own circumstances.

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I have been reading up on the 130 Petition process.

I am a US citizen. My wife is a conditional permanent resident. We married in 2013, and received the conditional permanent resident card in 2015. We will be filing the I 751 to extend residency by 10 years. However, she intends on taking the naturalization test in 2018 (3 years after being married). Her mother visits us once a year on a tourist visa, which is valid for 5 years.

This is where I become confused. We would like to file the I 130 once my wife becomes a citizen. Her mother received the tourist visa 3 years ago for the purpose of visiting, not immigrating. Can she stay in the US until the I 130/485 petitions are approved while on a tourist visa?

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No, she cannot use the tourist visa to immigrate, that would be visa fraud.

However, doing the I-130 for a parent of a US citizen only takes about a year, and she can still visit on her tourist visa during that time, as long as she doesn't live here/ work/ overstay the time given on her tourist visa.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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I am a US born citizen. My wife and I wed in 2013 on a K-1 Visa. She is now a conditional resident until 2017, at which time we will file the I 751. We plan for her to apply for US citizenship one year afterwards.

Her father is 79 years old and currently has a B2 tourist visa. It expires in 2 years. Instead of renewing the B2 visa, we plan to file a 130 to bring him to the US as a permanent resident. Does it matter if we file the 130 while he is here on his valid unexpired tourist visa, or wait until he returns home to file?

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She can file for him while he is here, if that is when she becomes a US citizen, but he needs to return to his home country. It is visa fraud for him to enter the USA on a toruist visa with the intent to immigrate and stay.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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This is a good article that explains some options :

http://www.alllaw.com/articles/nolo/us-immigration/become-permanent-resident-through-citizen-child.html

As they mentioned before, it COULD be considered visa fraud if the original intent was to stay (How will they prove him wrong?If they do, bad news). However, if he is already here, then you can weight your options and seek legal advise.

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~ Please don't start multiple threads on the same topic. Duplicate thread removed. ~


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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