Tourist Visa - Simple Question

[Just Paul 4,591]

1 minute ago, beatbaba said:

Can I apply for AOS after I become USC.. ??

You are flirting with disaster here.   You have to file the I-130 first.  She can't come here to take care of her grandchild.  That is work and a violation of the B2 visa she has. 

 

She cannot enter the US with the intention of adjusting - that is fraud.

[SusieQQQ 11,584]

4 minutes ago, beatbaba said:

Can I apply for AOS after I become USC.. ??

She is unlikely to be in the US when you become a USC, so she will be getting an immigrant visa not AOS.

[beatbaba 8]

How does it work with extension .....

Say I apply for extension after 45 days of stay .. and I wait for decision .. is it called overstay if their decision doesn't come by her visa is expired??

[designguy 1,179]

6 minutes ago, beatbaba said:

How does it work with extension .....

Say I apply for extension after 45 days of stay .. and I wait for decision .. is it called overstay if their decision doesn't come by her visa is expired??

On what grounds are you requesting an extension of stay?

 

If her extension isn’t granted by the date on her current I-94 the day after that date (I-94) is an overstay

Edited August 29, 2019 by designguy

[designguy 1,179]

Also the length of stay is not dictated by the visa but what is granted to her upon arrival at the POE. You should confirm the date in her I-94 to know how long she may stay. Are you sure it was 6 months?

[beatbaba 8]

1 minute ago, designguy said:

Also the length of stay is not dictated by the visa but what is granted to her upon arrival at the POE. You should confirm the date in her I-94 to know how long she may stay. Are you sure it was 6 months?

yes, it is 6 months 

[Just Paul 4,591]

You are NOT going to get an extension so she can help take care of the child.

 

Have you considered going back to India with her and come back for your interview?  (plus you can do your wedding then too)

[SusieQQQ 11,584]

20 minutes ago, beatbaba said:

How does it work with extension .....

Say I apply for extension after 45 days of stay .. and I wait for decision .. is it called overstay if their decision doesn't come by her visa is expired??

If subsequently denied, any day after her end of authorized stay is counted as overstay. Doesn’t matter when the visa expires.  

Do you plan to lie about the reason for extension of stay? On an official US immigration document? Bad move, dude. Obviously if you put the real reason she’ll be denied. 

 

Bottom line is you are potentially creating HUGE problems for your mom by trying to circumvent normal processes. 

 

You said simple question, accept the simple answer. End of stay = she goes home and waits.

Edited August 29, 2019 by SusieQQQ

[designguy 1,179]

Seems like this could be a misuse of visa case already as it seeming more and more likely OP’s mother used her tourist visa to enter with the intent to immigrate.

[ElDiablo 95]

15 minutes ago, designguy said:

Seems like this could be a misuse of visa case already as it seeming more and more likely OP’s mother used her tourist visa to enter with the intent to immigrate.

Agreed. Wish there was a way to flag up people like the OP who are so selfish and think they are above the rules. His mum doesn't deserve to have a B2.

[Just Paul 4,591]

He is also planning to file for a k1 or Cr1 for his girlfriend.

[HRQX 4,145]

1 hour ago, beatbaba said:

Can I apply for AOS after I become USC.. ??

Yes. Per the INA, parents of USC that are age 21 or older are Immediate Relatives. Immediate Relatives aren't subject to certain bars to adjustment: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

[geowrian 22,335]

4 hours ago, beatbaba said:

Why NO adjustments possible for Green card option

Because you are not a USC right now.

 

3 hours ago, beatbaba said:

Can I apply for AOS after I become USC.. ??

If you naturalize before her I-94 expires, then she can do AOS.

If you don't naturalize before her I-94 expires and she leaves - which is the legal option - then she won't be in the US at that time and any talk of AOS is out the door. She can't subsequently come to the US on a tourist visa with intent to file for AOS - that would be fraud.

If she overstays to "wait out" you becoming a USC, she's facing a potential 3 or 10 year bar in case your naturalization is denied. It may also jeopardize your naturalization if you are harboring her (N-445 - signed prior to the oath ceremony: "Have you knowingly committed any crime or offense, for which you have not been arrested?"). See https://www.law.cornell.edu/uscode/text/8/1324.

Edit: The actual applicability of the above is uncertain (is it considered a felony for sheltering an IR? There is wording as it relates to being an aggravated felony under INA 101(a)(43)(N) not applying for an IR). The wording only indicates a fine and punishment up to 5 years, although that does seem to be more than a misdemeanor (but I don't research criminal law)...or if/how it impacts the GMC requirement. There are cases of it being disclosed and naturalization being approved so that is definitely on the table too.

Edited August 29, 2019 by geowrian

[jbn121 15]

7 hours ago, beatbaba said:

Can she go back in Feb 2019 and come back in a week or two .. ?? 

 

No, Feb 2019 is already over. And she can't live in US on tourist visa. She won't get a new visa and come back that soon.

 

Also, do you realize what month and year is now? It's 2019, August. Just in case you don't know.

[jbn121 15]

7 hours ago, beatbaba said:

Why NO adjustments possible for Green card option

Because entering on tourist visa with adjustment of status is visa fraud. Never ever do that. But it looks like she's not a tourist and she came specifically to change her status. This will bite you very hard and bring you problems. I can guarantee that.

Edited August 29, 2019 by jbn121