PLEASE HELP! Will I be eligible to bring my mom to US?

[Esya 18]

Hello everyone! At the end of this year, I'm applying to become a citizen. Once I become a citizen, will I be able to bring my mother over if I won't work by that time? I might not have time to work  if I get into nursing program and it might be just my husband working. But I can't find any info on how much money we are supposed to make. Do I look at the poverty guidelines? It's gonna be just my husband, my mom and I. So, the poverty guidelines say that for three people we are supposed to have $26,662. Am I understanding it right that my husband needs to make a least that amount and it will be fine? Also, if we don't make this much, will having this amount in the bank be enough? Please someone explain this to me. Thank you!

[SusieQQQ 11,584]

As currently it stands that is the amount. If you/your household do not earn that in a year, then the assets you need to show are 5 times the difference between what you do earn, and that amount. Example if you earn $20k, then you need to have (5x $6662 = ) $33310 in the bank or other liquid assets.  (See page 10, “item number 10” here https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf?download=1 )

 

Also note that is a minimum amount. If for example your mother is old and in ill health, you may be required to show you can meet her medical expenses. Meeting the minimum is not automatic approval, especially in these days of heightened public charge concerns. If your mom is still young enough to work (and willing to do so) when she comes over, that will help the case.

 

 

Edited January 31, 2020 by SusieQQQ

[geowrian 22,335]

10 minutes ago, Esya said:

Am I understanding it right that my husband needs to make a least that amount and it will be fine? Also, if we don't make this much, will having this amount in the bank be enough?

No. Under that amount = no visa. Above that amount = judgement call.

Depending on your mother's age, if she is retired or not, her education & work history, and many other factors ("totality of the circumstance"), they may want to see much more than the minimum. Medical insurance + care alone for the elderly (no idea of her age - 50s? 70s? 90s?) can very easily run $1000-$2000/month. That is a factor the CO will need to consider as well.

See https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

[Boiler 43,434]

Mother might be 40, difficult to tell.

[Esya 18]

17 minutes ago, geowrian said:

No. Under that amount = no visa. Above that amount = judgement call.

Depending on your mother's age, if she is retired or not, her education & work history, and many other factors ("totality of the circumstance"), they may want to see much more than the minimum. Medical insurance + care alone for the elderly (no idea of her age - 50s? 70s? 90s?) can very easily run $1000-$2000/month. That is a factor the CO will need to consider as well.

See https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

1 minute ago, Boiler said:

Mother might be 40, difficult to tell.

She is 48 right now and is willing to work.

[geowrian 22,335]

3 minutes ago, Esya said:

She is 48 right now and is willing to work.

So insurance coverage likely won't be an issue as she could get that from her own employer. That's a big positive. She also should qualify for Medicare (and a little of SS) by the time she retires - assuming she works, of course.

[Esya 18]

Just now, geowrian said:

So insurance coverage likely won't be an issue as she could get that from her own employer. That's a big positive. She also should qualify for Medicare (and a little of SS) by the time she retires - assuming she works, of course.

I also heard something about how people need to get a health insurance prior to coming to US. Is that true and do you know how that works? Also, can she come with a tourist visa and then submit I-130 when she is already here? Thank you!

[geowrian 22,335]

Just now, Esya said:

I also heard something about how people need to get a health insurance prior to coming to US. Is that true and do you know how that works? Also, can she come with a tourist visa and then submit I-130 when she is already here? Thank you!

Health insurance - the proclamation for this is on hold. IR-5 (parents of a USC) were exempt from actual coverage but still had top show sufficient means to avoid becoming a public charge.

http://travel.state.gov/healthcare

 

She can come on a tourist visa to visit. Where she is when you submit the I-130 does not matter.

She must still return home. She is a visitor before and after an I-130 is filed. She cannot enter with intent to stay / file for adjustment of status.

[Esya 18]

Just now, geowrian said:

Health insurance - the proclamation for this is on hold. IR-5 (parents of a USC) were exempt from actual coverage but still had top show sufficient means to avoid becoming a public charge.

http://travel.state.gov/healthcare

 

She can come on a tourist visa to visit. Where she is when you submit the I-130 does not matter.

She must still return home. She is a visitor before and after an I-130 is filed. She cannot enter with intent to stay / file for adjustment of status.

Thank you so much! That's what I head about a visitor visa as well, but from what I read it's always advised to submit the petition once a parent is already in USA since this process is faster compared to when they are abroad. Do you by any chance know how people manage to do it then?

[Boiler 43,434]

Not sure where you read that, not on here.

[Just Paul 4,591]

3 minutes ago, Esya said:

That's what I head about a visitor visa as well, but from what I read it's always advised to submit the petition once a parent is already in USA since this process is faster compared to when they are abroad.

If she is entering with the intent to adjust that is VIsa fraud.

 

If she is going to visit she should apply for and get the visa prior to you filing the I-130.

4 minutes ago, Esya said:

Do you by any chance know how people manage to do it then?

If by chance the USCIS completes the I-130 processing and she happens to be in the US then she can adjust.

[Esya 18]

Just now, Paul & Mary said:

If she is entering with the intent to adjust that is VIsa fraud.

 

If she is going to visit she should apply for and get the visa prior to you filing the I-130.

If by chance the USCIS completes the I-130 processing and she happens to be in the US then she can adjust.

We just want her to visit for now. I just want to make sure what's the best way to submit the petition whenever we do bring here in the future. As I understand, it's better to submit when she is not in the country. Thank you a lot!

[SalishSea 16,770]

16 minutes ago, Esya said:

Also, can she come with a tourist visa and then submit I-130 when she is already here?

No.  This is immigration fraud.

[Esya 18]

Just now, Jorgedig said:

No.  This is immigration fraud.

Thank you! That's what I was thinking too, it's just I'm surprised that there are a lot of people who did it and got approved, so just wanted to make sure.

[SusieQQQ 11,584]

51 minutes ago, Esya said:

 

She is 48 right now and is willing to work.

That will be a big positive, especially if she has a good work history.