Bringing husband's mother to the US- advice?

[mamaronga 2]

I've looked at the guides and cannot seem to find the answers to the following questions--so any advice experienced folks have would be greatly appreciated!

My husband, who is now a US citizen, would like to bring his mom to the US to help with childcare for when we have a child. My understanding is that it will take around 1 year for the I-130 to be processed, is that about right?

Then, his mom would have a conditional green card for 2 years until given the opportunity to naturalize to be a US citizen-- is that right? So she would need to be in the US what... 3 years before becoming a US citizen?

 

We are just trying to figure out if doing the I-130 is the best route, versus getting her a tourist visa. Ideally, we'd like for her to come and go to her home country as she wishes, which is why a 3 year commitment to become a US citizen feels like a long time. However, obviously, the tourist visa is less secure. I'm wondering if anyone has any advice on the best way to get her here for ~1 year would be, especially in the current political climate?

 

Thanks so much!

 

 

[ConOfficer 167]

You're looking for advice on how your mother in law can violate U.S. immigration law, so don't expect to get much help here. 

 

The fact that you see it as plausible that she could spend a year in the U.S. providing child care tells me that she will have a difficult time obtaining a tourist visa. 

 

But his mother can apply for a B visa and stay for 6 months. She should not be serving as your nanny - that is considered work and an improper use of a tourist visa. In reality, a consular or CBP officer is not going to take the time to really determine whether her intent is to spend time with her nietos or be their full time caretaker. They're just going to consider whether she has a good reason to return to Ecuador within a definite time period. 

 

If she overstays her visa it will be cancelled and she won't get another one. If she stays 6 months and attempts to return after spending a few weeks at home she may be denied entry. 

 

It would take at least 3 years for her to become an AmCit after getting her green card. She needs to decide whether she wants to live full time in the U.S. or visit. When she decides that you can determine whether to seek a tourist visa or go the I-130 route. There is some talk about eliminating the IR5 visa category for parents of a AmCits, so best to move quickly. 

[aleful 1,905]

incorrect

 

the wait to become a USC is 5 years, 3 years are for spouses of USC.

 

family members all have to wait 5 years

 

if your husband files for her and she gets her GC, he does not own her, she owes you nothing and has no obligation to take care of your children. she can go and visit and be with her grandkids but she is entitled to have her own life in the US and do as she pleases, and you can't send her back, if you want childcare, hire a

nanny or baby sitter here in the US

 

the affidavit of support can be enforced in case she gets means tested benefits from the government, that's all, but you will be on the hook until she files for citizenship. the earliest she could file is 90 days before her 5 years of being a resident

 

she is the one that has to file for a tourist visa and show strong ties to her country, again, the tourist visa is for visiting, not working, since being a nanny or baby sitter is considered work for immigration.

 

 

[monica7777 40]

It really depends on what your mother in law would want to do. In order for your husband to petition her green card, she would need to go through a Consular process, which takes around one year (really depends on her home country), some are faster. After entering the U.S. with an immigrant visa and subsequently obtain her green card, she would need to remain for 5 years here until she obtains her USC. Doesn't mean she can not go back to her country during those years, but would need to avoid staying for extensive periods of time.

 

If you go through the B1/B2 visa, she could visit and stay for 6 months. For no reason must she say she will be here to work as a nanny. She is only visiting. Then she would have to return to her country and come back at a later time. However, times keep changing and it seems that entrance to the U.S. as a visitor can be much more difficult in the long run. So if you guys think the 5 year stay is doable for her, it could be the safest route. 

 

I agree with the previous comments, it is best to decide sooner than later.

 

Best of luck on your decision.