Reunion with Mum

[Igor&Veronika 1]

Dear friends, 

After 11 years of living in US and being a citizen want to bring my Mum. Any advise of the process will be appreciated. What is easier: doing it while she is in Russia or while shw is visiting us in US?

[NikLR 13,220]

She cannot intend to visit and adjust her status.  That is fraud.  

Filing for her while in Russia, where I assume she currently is, would be the only option. 

[Crazy Cat 39,226]

17 minutes ago, Igor&Veronika said:

Dear friends, 

After 11 years of living in US and being a citizen want to bring my Mum. Any advise of the process will be appreciated. What is easier: doing it while she is in Russia or while shw is visiting us in US?

Your only legal option is to file an I-130, and she will undergo consular processing in her country.

[accumbyte 148]

1 hour ago, Igor&Veronika said:

What is easier: doing it while she is in Russia or while shw is visiting us in US?

The only legal option is consular processing in Russia or other country where she has legal residence. To start you file the I-130 petition and the fee is $535. Since this step takes about 8-11 months the rest of the fee amounts can change, in theory. At NVC step there are two fees:

• affidavit of support fee of $120
• DS-260 visa application fee of $325

The medical exam fee varies by country. The USCIS Immigrant Fee is $220 and is paid after the visa is issued. It can also be paid after US entry if you wish but USCIS will not mail out the green card until both (either order):

• your mother enters the US with the IR-5 visa, AND
• the $220 USCIS Immigrant Fee is paid

Also, at the NVC stage Affidavit(s) of Support are submitted and HHS income guidelines are the minimum: https://www.uscis.gov/i-864p

[Igor&Veronika 1]

Confusing. According to uscis.gov i can do it while is in US. I definitely don't want to look it as fraud. Thanks for your time 

[accumbyte 148]

4 hours ago, Igor&Veronika said:

Confusing. According to uscis.gov i can do it while is in US. I definitely don't want to look it as fraud. Thanks for your time 

The issue is most nonimmigrant visas (NIV) don't allow preconceived intent to adjust status; https://citizenpath.com/faq/preconceived-intent-adjust-status/:

• B visa types: Business, tourist, etc visitors
• F visa types: Academic and language students and their dependents
• J visa types: Exchange visitors
• M visa types: Vocational students and their dependents
• Q visa types: Cultural exchange visitors
• TN visa types: NAFTA professional workers
• Visa Waiver Program visitors
• etc

The exception are NIV that allow dual intent; https://citizenpath.com/dual-intent-visas/:

• E visa types: Treary investors, traders, etc
• H visa types: Specialty occupations
• K visa types: Fiances (and their children) of U.S. citizens
• L visa types: Intra-company transferees
• O visa types: Individuals with Extraordinary Ability or Achievement
• P visa types: Individual or Team Athlete, or Member of an Entertainment Group, etc
• etc

Edited February 11, 2019 by accumbyte

[Crazy Cat 39,226]

5 hours ago, Igor&Veronika said:

Confusing. According to uscis.gov i can do it while is in US.

You are misreading it. Can you give a link to the source which says she can enter via a B2 visa with the intent to stay and adjust?  

[Unlockable 7,306]

23 hours ago, Igor&Veronika said:

Dear friends, 

After 11 years of living in US and being a citizen want to bring my Mum. Any advise of the process will be appreciated. What is easier: doing it while she is in Russia or while shw is visiting us in US?

 

5 hours ago, Igor&Veronika said:

Confusing. According to uscis.gov i can do it while is in US. I definitely don't want to look it as fraud. Thanks for your time 

Yes, it can be confusing by many. Let me see if I can explain it better. 

 

It is fraud when someone plans to use a nonimmigrant visa to come to the US to immigrate. The key difference is, if your mother is in Russia and wants to simply visit for a short period then go back to Russia, then it is completely fine. But if she wants to travel here on her visitor visa, then once here she plans to file for her to stay, then that is where the fraud occurs. because it means, she knew beforehand that she wanted to come to the US to immigrate, so she used a nonimmigrant visa (the visitor visa) to accomplish that.

 

If you mother is already in the US, and since being here with you and discussing it, she has changed her mind about going back to Russia when her visit is up.... then that is allowed. This is because she came here with the intention of going back to Russia, but circumstances has changed to where she now has decided to remain in the US. There was no planning or intentions for her to immigrate in this scenario.

 

Since your mother is currently in Russia, the best option is for you to apply for her immigrant visa (IR1) and in the meantime, your mother can still use her visitor visa to visit you until the IR1 visa is complete.

 

I hope this helps.

[Randyandyuni 2,682]

good luck to you and her ... 

[SusieQQQ 11,584]

46 minutes ago, NuestraUnion said:

 

Yes, it can be confusing by many. Let me see if I can explain it better. 

 

It is fraud when someone plans to use a nonimmigrant visa to come to the US to immigrate. The key difference is, if your mother is in Russia and wants to simply visit for a short period then go back to Russia, then it is completely fine. But if she wants to travel here on her visitor visa, then once here she plans to file for her to stay, then that is where the fraud occurs. because it means, she knew beforehand that she wanted to come to the US to immigrate, so she used a nonimmigrant visa (the visitor visa) to accomplish that.

 

If you mother is already in the US, and since being here with you and discussing it, she has changed her mind about going back to Russia when her visit is up.... then that is allowed. This is because she came here with the intention of going back to Russia, but circumstances has changed to where she now has decided to remain in the US. There was no planning or intentions for her to immigrate in this scenario.

 

Since your mother is currently in Russia, the best option is for you to apply for her immigrant visa (IR1) and in the meantime, your mother can still use her visitor visa to visit you until the IR1 visa is complete.

 

I hope this helps.

To add to this:

if she arrives on a B2 visa intending to adjust, and the CBP officer at port of entry suspects that (he doesn’t have to have proof, just reasonable suspicion because by law immigrant intent is presumed), he can refuse her entry.

[Igor&Veronika 1]

19 hours ago, SusieQQQ said:

To add to this:

if she arrives on a B2 visa intending to adjust, and the CBP officer at port of entry suspects that (he doesn’t have to have proof, just reasonable suspicion because by law immigrant intent is presumed), he can refuse her entry.

Thanks a lot. I feel much better with the process. 

[Igor&Veronika 1]

Last question. My mum is coming in April to babysit with our baby. She will stay no more than 5 months. Can i start I130 application in advance or she has to leave the country first ? 

[Randyandyuni 2,682]

she is coming to visit, not babysit, babysitting could be perceived as depriving a legal resident of the opportunity to work ... as far as submission , I am not sure, since she intends to leave within the limits of her Visa it should not matter 

[SusieQQQ 11,584]

11 minutes ago, Igor&Veronika said:

Last question. My mum is coming in April to babysit with our baby. She will stay no more than 5 months. Can i start I130 application in advance or she has to leave the country first ? 

You can start it anytime, but bear in mind it strengthens the presumption of immigrant intent. 

[USS_Voyager 1,971]

On 2/12/2019 at 10:57 AM, Igor&Veronika said:

Last question. My mum is coming in April to babysit with our baby. She will stay no more than 5 months. Can i start I130 application in advance or she has to leave the country first ? 

Do not tell the CBP she is coming to babysit the grand kid. That could be perceived a working without authorization on a B2 visa. She can say she is coming to visit and spend some times with her grand kid.