Petition for mother of US Citizen

[dave22v 0]

Hi,

 

Question....

 

My US Citizen wife's mother is going to be here in September.  She's traveling on a 10 year tourist visa and this will be her 4th trip to the U.S.  We would like to petition for a green card while she is here and adjust status.

 

Are we required to file an I-130 or can we just file an I-485 to adjust status after she is here?

 

Are there any documents she should bring with her that might be needed during the process?  I understand for the I-130 we need my wife's birth certificate and her naturalization certificate.  But anything mom would need from home that could be potentially requested?

[Unlockable 7,306]

15 minutes ago, dave22v said:

Hi,

 

Question....

 

My US Citizen wife's mother is going to be here in September.  She's traveling on a 10 year tourist visa and this will be her 4th trip to the U.S.  We would like to petition for a green card while she is here and adjust status.

 

Are we required to file an I-130 or can we just file an I-485 to adjust status after she is here?

 

Are there any documents she should bring with her that might be needed during the process?  I understand for the I-130 we need my wife's birth certificate and her naturalization certificate.  But anything mom would need from home that could be potentially requested?

 

11 minutes ago, obanla said:

if you are filling for her green card, you have to file both i-130 and i-485 concurrently while shes here.

If she is planning on using a tourist visa to AOS before she is even in the US then that is fraud. We do not condone planning fraudulent activity on VJ.

 

Your wife needs to file for her mother the proper way which is file for I130. Her mother can visit during the process. 

[Roel 7,191]

16 minutes ago, dave22v said:

Hi,

 

Question....

 

My US Citizen wife's mother is going to be here in September.  She's traveling on a 10 year tourist visa and this will be her 4th trip to the U.S.  We would like to petition for a green card while she is here and adjust status.

 

Are we required to file an I-130 or can we just file an I-485 to adjust status after she is here?

 

Are there any documents she should bring with her that might be needed during the process?  I understand for the I-130 we need my wife's birth certificate and her naturalization certificate.  But anything mom would need from home that could be potentially requested?

First of all. Visa fraud. Reported. 

 

Planning to arrive on tourist visa with intent to adjust is a fraud. 

 

File i130 for your mother and wait like everyone else. 

[Crazy Cat 39,375]

I agree with others who say this is outright visa fraud........The terms of service for this web site prohibit this......

[Crazy Cat 39,375]

Attempting visa fraud can result in misrepresentation and a lifetime ban from ever entering the United States.

[obanla 37]

22 minutes ago, obanla said:

if you are filling for her green card, you have to file both i-130 and i-485 concurrently while shes here.

of course it is fraud cos of the intention of her coming to file whiles shes on visitor visa

[Liam2021 561]

-B1/B2 is visitor visa, not for go to USA then adjust status.

-Do it right. File i130, then go to the interview at US Embassy.

-Finally: It up to your wife,but the consequences can be serious for both of your wife and mother-in-law if thing gone wrong.

So. Why not do it like everyone else?

[dave22v 0]

Thanks everyone!

[WeGuyGal 1,052]

28 minutes ago, dave22v said:

 

My US Citizen wife's mother is going to be here in September.  She's traveling on a 10 year tourist visa and this will be her 4th trip to the U.S.  We would like to petition for a green card while she is here and adjust status.

 

Fraudulent and illegal. 

 

When traveling on a tourist visa, she needs to have a return ticket, and leave the US at the end of her authorized stay. She continues her IR5 processing overseas. 

[dave22v 0]

32 minutes ago, WeGuyGal said:

Fraudulent and illegal. 

 

When traveling on a tourist visa, she needs to have a return ticket, and leave the US at the end of her authorized stay. She continues her IR5 processing overseas. 

She has a return ticket and she's going home as planned regardless of whether she has a green card or not.   If we start the process now she may get denied entry into the U.S....so why would we do that?  Why not start the process while she's here?  She's going back regardless.

[Dee elle 1,368]

8 minutes ago, dave22v said:

She has a return ticket and she's going home as planned regardless of whether she has a green card or not.   If we start the process now she may get denied entry into the U.S....so why would we do that?  Why not start the process while she's here?  She's going back regardless.

If she is returning to her home country, and all you are doing is starting the process while she is here, then all you submit is the i130 and it's required supporting documents. 

 

When you initially posted, you clearly stated the intention to file for adjustment of status for her.. not initiating consular processing..

 

You are now seemingly changing your story..

 

Please clarify the facts so people can reply as accurately  

 

People have correctly responded to the information you have on your original post. 

Edited August 10, 2018 by Dee elle

[dave22v 0]

4 minutes ago, Dee elle said:

If she is returning to her home country, and all you are doing is starting the process while she is here, then all you submit is the i130 and it's required supporting documents. 

 

When you initially posted, you clearly stated the intention to file for adjustment of status for her.. not initiating consular processing..

 

You are now seemingly changing your story..

 

Please clarify the facts so people can reply as accurately  

 

People have correctly responded to the information you have on your original post. 

Well, that's my fault then.  But that's why I'm here asking questions. 

[WeGuyGal 1,052]

1 hour ago, dave22v said:

Are we required to file an I-130 or can we just file an I-485 to adjust status after she is here?

This is what everyone is responding to. 

 

You can start the petition anytime (before she comes, during her visit, or after she leaves). The point is for her to await processing in her home country. 

[Crazy Cat 39,375]

17 minutes ago, dave22v said:

She has a return ticket and she's going home as planned regardless of whether she has a green card or not.   If we start the process now she may get denied entry into the U.S....so why would we do that?  Why not start the process while she's here?  She's going back regardless.

"We would like to petition for a green card while she is here and adjust status."-  That doesn't sound like she intends to "go home as planned regardless" at all.....

As stated, you can start the process, but she must return before her authorized time expires.....

 

 

[Dee elle 1,368]

Just now, dave22v said:

Well, that's my fault then.  But that's why I'm here asking questions. 

It's always helpful to give as much info as possible.. as it's too easy to make away options from only partial info.

 

As stated, entering on a visitors visa with predetermined intent to adjust status is fraud. 

She can enter for a visit, you can initial the first stage of the process.. filing the I130 and documents while she is here, but she must leave the US as planned at the end of her visit and complete the visa application action from her to home country through Consular Processing.

The whole process takes about 14 months from initial application. She could possibly visit for a short time again while she is waiting, but it won't be as easy once she has declared intent to immigrate.