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

[jwcassidytx 1]

I am a US born USA citizen. My wife is currently on her two year conditional resident (green card) card. Is it possible to bring her father over on a 130 petition as a conditional or permanent resident?

[Deagle 494]

No. She can only petition her father when she become a citizen.

[aleful 1,905]

hi

ditto, only USC can petition parents

[lasiren7174 4]

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!

[Transborderwife 4,666]

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!

You can't petition them they do that themselves

[aaron2020 11,651]

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.

[jwcassidytx 1]

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?

[NigeriaorBust 4,087]

She can not enter the US with a tourist visa with the intent of staying.

[aleful 1,905]

hi

plus, why would she want to stay illegally in the country? she would be deportable if immigration gets her?

do things the right way

[Penguin_ie 5,984]

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.

[jwcassidytx 1]

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?

[Merrytooth 5,748]

Your wife can only file for her father once she becomes a USC.

[Penguin_ie 5,984]

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.

[matteo&John 25]

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.

[EM_Vandaveer 2,366]

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