I-130 General Questions

[KeithandTan 2]

Hello VisaJourney users. 

 

This website has been an invaluable tool for me and my wife. It helped us smoothly navigate the K1 fiancee visa process in 2010-11. Later my wife became a green card holder and ultimately a US citizen, without us having to pay a lawyer, so thank you for all your previous help. Now we are pregnant, and have decided to bring her mother over from the Philippines to help us out when the baby is born, if Uncle Sam approves. My mother-in-law received a US tourist visa less than two years ago, and has come out for a couple of extended 3-5 month stays since then. We would like to help her get a green card so she can stay long term with us. Here are my questions for the community: 

 

1. Are there any pros/cons to interview at the US consulate in the Philippines vs USCIS offices in the US? We live in Northern Virginia. 

2. Will the green card application put her 10-year tourist visa in any kind of risk, should she not be approved for the green card? 

 

Thanks,  

Keith

 

[geowrian 22,335]

1. She cannot enter with intent to stay/AOS. She needs to interview for the visa abroad.
2. Her existing tourist visa will remain valid while the case is processing. It may have a little increased scrutiny that she will return home, but many, many people visit while their cases are pending.
   1. Why would she not be approved? Is there a specific concern?
   2. The biggest risk is if she is spending too much time in the US...3-5 month stays are a but much on a regular basis. Generally, one should spend more time outside the US than in it, with twice as much being preferable. If she's spacing out the visits already, then she should be fine.

[KeithandTan 2]

Thank you for the quick response! 

 

There's not any real specific concern that she wouldn't be approved, more of a general "it must be harder to process these things in the current political climate than in the past" superstitious thought process. 

Yeah, she came in for 2.5 months in 2017 right after getting the tourist visa, and five months in 2018, with a 10 month gap in between. Planning to bring her back right before delivery date in March on a 5.5 month round-trip ticket.

 

One follow-up question. If she is called to interview in Manila, while she's in the US visiting, can we change the interview to our local office, or just delay the interview until her return? 

[geowrian 22,335]

2 minutes ago, KeithandTan said:

There's not any real specific concern that she wouldn't be approved, more of a general "it must be harder to process these things in the current political climate than in the past" superstitious thought process. 

No concern there as there's no changes involving the process she would go through. Unless/Until the law is changed, I wouldn't be concerned about it.

 

2 minutes ago, KeithandTan said:

One follow-up question. If she is called to interview in Manila, while she's in the US visiting, can we change the interview to our local office, or just delay the interview until her return? 

Nope. Only an embassy.consulate (DOS) can issue a visa. There are no US consulates or embassies in the US. USCIS (DHS) does not handle visas.

AOS is available within the US for a green card, but as stated she can't enter with intent to do that.

[KeithandTan 2]

Thank you again, you've been a huge help. We're going to fill out the I-130 application this evening.