Mom R Visa holder currently in the US filing I130& i485

[Chilean-American 0]

Hello, 

My mom is currently visiting in the US, she's been coming with a R visa type B1/B2, for the last 9 years.

Me and my sister are US Citizens. My sister will be filing forms I-130 and I-485.

My mom's been here in the US for almost 2 months.

Should we wait until after 90 days to apply?

Would it be an issue the fact that she entered the US with a R Visa? 

My mom is 65 yrs old, recently retired and she's wanting to stay in the US for good as all her grandkids are here.

Is there anything we want to know before going ahead and filing those 2 forms?

[Just Paul 4,595]

3 minutes ago, Chilean-American said:

Hello, 

My mom is currently visiting in the US, she's been coming with a R visa type B1/B2, for the last 9 years.

Me and my sister are US Citizens. My sister will be filing forms I-130 and I-485.

My mom's been here in the US for almost 2 months.

Should we wait until after 90 days to apply?

Would it be an issue the fact that she entered the US with a R Visa? 

My mom is 65 yrs old, recently retired and she's wanting to stay in the US for good as all her grandkids are here.

Is there anything we want to know before going ahead and filing those 2 forms?

R Visa is a religious worker.   So really mean B2?   She can file anytime as long as she didn't enter with immigrant intent.

 

Do a little more research.  She will need an I-864.

 

You and your sister have enough to support her and pay for her healthcare?

[Chilean-American 0]

Sorry, R, regular, B1/B2 Visa.

Oh yes, I 864 together with the other 2 forms, right?

My sister will file for her, she and her husband make I would say about 70-75 a year. Me and my husband make close to 100. 

We have enough to support her, and she gets retirement from her home country as well. 

Edited June 23, 2019 by Chilean-American

[Chilean-American 0]

12 minutes ago, Paul & Mary said:

She can file anytime as long as she didn't enter with immigrant intent.

She comes usually once a year, every time she stays 6 mos. 

How can one tell if there was or no intent to immigrate? 

[Just Paul 4,595]

Sonvce Green Cards are taling over a year to get, she might want to apply for Ap and an EAD so she can get a state issue ID card and help to get a SSN.

[Canerican 242]

Your mother is only allowed to stay for the period that CBP gave her when crossing into the USA. If your mom would like to get s green card and immigrate she needs to apply for a EB-4 visa fourth preference. Please look at this website: https://www.uscis.gov/working-united-states/temporary-workers/r-1-temporary-religious-workers/r-1-temporary-nonimmigrant-religious-working 

[Daphne . 1,888]

41 minutes ago, Chilean-American said:

 

How can one tell if there was or no intent to immigrate? 

So she had the 10 year multiple entry visa (I am not an expert on these visas)?

 

I am assuming that she had strong ties to her home country for the last 9 years (work), and now she is retired? She does not have a lot of time left on her visa and her situation has changed drastically from the time the visa was granted (because now she is retired and does not have the work tie to her home country  anymore) and decides to stay in the US on this specific trip, which would probably be the last one on her current visa? This could look like immigrant intent, simply because of the timing of the whole thing? 9 of the 10 years passed and now retired and staying on this specific trip?

 

I am not saying that it will be looked at as immigrant intent or that it will be an issue and maybe I am wrong about the timelines etc. but if the above situation is how it went, that could be looked at as immigration intent simply because of the timing of it all and the fact that her situation changed drastically? 

 

Maybe some other, more experienced, VJ members could shed some light on this specific part of your question? And enlighten me too? 😊

[SusieQQQ 11,586]

42 minutes ago, CDN(ON)-USA(VT) said:

Your mother is only allowed to stay for the period that CBP gave her when crossing into the USA. If your mom would like to get s green card and immigrate she needs to apply for a EB-4 visa fourth preference. Please look at this website: https://www.uscis.gov/working-united-states/temporary-workers/r-1-temporary-religious-workers/r-1-temporary-nonimmigrant-religious-working 

Dude, WHAT? They are citizens, they can file an IR5 petition for her. She doesn’t need EB anything.

24 minutes ago, Daphne K said:

So she had the 10 year multiple entry visa (I am not an expert on these visas)?

 

I am assuming that she had strong ties to her home country for the last 9 years (work), and now she is retired? She does not have a lot of time left on her visa and her situation has changed drastically from the time the visa was granted (because now she is retired and does not have the work tie to her home country  anymore) and decides to stay in the US on this specific trip, which would probably be the last one on her current visa? This could look like immigrant intent, simply because of the timing of the whole thing? 9 of the 10 years passed and now retired and staying on this specific trip?

 

I am not saying that it will be looked at as immigrant intent or that it will be an issue and maybe I am wrong about the timelines etc. but if the above situation is how it went, that could be looked at as immigration intent simply because of the timing of it all and the fact that her situation changed drastically? 

 

Maybe some other, more experienced, VJ members could shed some light on this specific part of your question? And enlighten me too? 😊

Intent is determined at entry. If they allowed her in, then they determined she did not have immigrant intent. Moreover, as IR5 is an immediate relative category, any transgressions that may be problems for other visa types (like overstays) are forgiven for IRs during the adjustment process. She won’t have a problem with adjustment of status.

 

OP,  you’re fine from an immigration perspective. I would do some more research into healthcare costs, because you will be unpleasantly surprised at what older people not on employer plans, and not able to draw Medicare/Medicaid because of status and lack of 40 quarters’ contributions, may end up paying. 

[Boiler 45,670]

Agree not an Immigration Issue but is a Healthcare issue, but being able to afford 6 month vacation suggests that fiances is not a problem.

 

Now I do not know the details of her Travel Insurance and I am sure policies vary worldwide, but the norm is that it is based on people returning, for example if she has a health issue they would look at repatriating as soon as possible. Having decided to stay she no doubt needs a different type of cover for non tourists.

[Canerican 242]

Sorry, SusiQ, my bad, forgot about IR5. 

[SusieQQQ 11,586]

39 minutes ago, Boiler said:

Agree not an Immigration Issue but is a Healthcare issue, but being able to afford 6 month vacation suggests that fiances is not a problem.

 

Now I do not know the details of her Travel Insurance and I am sure policies vary worldwide, but the norm is that it is based on people returning, for example if she has a health issue they would look at repatriating as soon as possible. Having decided to stay she no doubt needs a different type of cover for non tourists.

Being able to afford a 6 month vacation staying at your child's house and being able to afford say a hip replacement or other common age related surgery with sketchy medical insurance are not the same thing. Combined family income of $175k is decent, but say $40k in surgery out of after tax income is still going to sting financially. They need to look into proper insurance with reasonable deductibles.

 

 

Edited June 23, 2019 by SusieQQQ

[Boiler 45,670]

65, I do not even know where you get decent travel insurance for 6 months, anyway as a resident it will be a lot lot more, just trying to get that across.

 

[Chilean-American 0]

Thank you everyone for your replies and questions. 

Ok, so that I have a clear picture about the steps to follow, we file forms: I-130,  I-485, and I-864, to petition for Alien relative, and Application to Register as Permanent Resident, according to USCIS website those forms can be filed at the same time if the beneficiary is in the US. 

Any other form besides supporting documents? Why would she need to get an IR5 if the idea is to become a resident? The IR5 is just a visa, right? I think if anyone wants to make this country their home, applying for residency is the best alternative. 

Thank you so much for your remarks, no doubt you've given me more things to consider with her staying.

 

[Just Paul 4,595]

1 hour ago, Chilean-American said:

The IR5 is just a visa, right?

It is the VISA class but she will never get a visa put in her passport.  That is only done at a consulate.