Petitioning parent in relation to applying for B1-B2 visa

[lovinglive 29]

Hello,

 

My wife became a US citizen in 2023 and would like to petition for her mother to get permanent resident status in the fairly near future.  In the meantime, we wanted to apply for her to get a B1-B2 visa to visit us in the US.

 

I've heard that having an active application for green card would prejudice the Embassy to refuse a B1-B2 application.  So we would probably apply for a B1-B2 visa first in case we get it.

 

My question is:  would her having applied and/or succeeded in getting a B1-B2 visa in any way reduce her chances of getting a her green card application approved?  (assuming she returns to her home country and doesn't overstay her visa.)  Could we even submit the petitioning paperwork while she is in the US?

 

Thanks in advance for any replies.

[OldUser 8,845]

1 hour ago, lovinglive said:

My question is:  would her having applied and/or succeeded in getting a B1-B2 visa in any way reduce her chances of getting a her green card application approved?

Generally, no

[smilingstone 310]

My guess is that it would be similar logic to gaining an ESTA and then subsequently applying for an immigrant visa. Yes, the immigrant intent can muddy things, but as long as there is appropriate evidence to show that she will return, there is usually not much to worry about. 

[SalishSea 18,411]

With immigrant intent, she will need to convince them of her ties to home and plan to return home after vacation.

[lovinglive 29]

53 minutes ago, smilingstone said:

My guess is that it would be similar logic to gaining an ESTA and then subsequently applying for an immigrant visa. Yes, the immigrant intent can muddy things, but as long as there is appropriate evidence to show that she will return, there is usually not much to worry about. 

 

Right, so I'm not sure if I communicated this well, but we would apply for the B1/B2 first.  So at the time of applying for that, they would not know she intends to apply for an immigrant visa.

 

But then when she's applying for her immigrant visa, would that in any way be affected by the fact that she had already applied for the B1-B2 visa?

 

Thank you for your reply!

[lovinglive 29]

12 minutes ago, SalishSea said:

With immigrant intent, she will need to convince them of her ties to home and plan to return home after vacation.

 

Thanks for your reply!  So, my question is not about getting the B1-B2 visa (which is probably a long shot).

 

My question is, will having applied for a B1-B2 visa (and potentially succeeding), affect her chances of getting the immigrant visa?

[OldUser 8,845]

22 minutes ago, lovinglive said:

 

Right, so I'm not sure if I communicated this well, but we would apply for the B1/B2 first.  So at the time of applying for that, they would not know she intends to apply for an immigrant visa.

 

If you plan this, it can be viewed as immigration fraud

Edited Tuesday at 06:34 PM by OldUser

[lovinglive 29]

21 minutes ago, OldUser said:

If you plan this, it can be viewed as immigration fraud

We're not planning to use the B1-B2 visa to get an immigrant status.  She would return to her home country before/at the end of her B1-B2 visa while waiting for the immigrant visa to be processed.

 

But thanks for noting that as I'll have to make clear that they can't overstay.

[smilingstone 310]

1 hour ago, lovinglive said:

But then when she's applying for her immigrant visa, would that in any way be affected by the fact that she had already applied for the B1-B2 visa?

 

That was my point.

 

Before my K1, I had a valid ESTA and used it to visit my now-husband. Once my 129F had been filed, approved and sent to NVC, it was all in the system and it was a risk (albeit low, for me) to travel at that stage as CBP could see my immigrant intent. However, I went to the POE fully loaded with evidence that I would return (employment, property lease, etc). The application in itself does not affect things, she will not face denial purely because she applied for/gained a tourist visa. It is all about how it is perceived.

 

If your MIL is ever asked at B1-B2 stage if she plans to immigrate to the US, she must be honest.

Edited Tuesday at 07:26 PM by smilingstone

[lovinglive 29]

1 hour ago, smilingstone said:

 

That was my point.

 

Before my K1, I had a valid ESTA and used it to visit my now-husband. Once my 129F had been filed, approved and sent to NVC, it was all in the system and it was a risk (albeit low, for me) to travel at that stage as CBP could see my immigrant intent. However, I went to the POE fully loaded with evidence that I would return (employment, property lease, etc). The application in itself does not affect things, she will not face denial purely because she applied for/gained a tourist visa. It is all about how it is perceived.

 

If your MIL is ever asked at B1-B2 stage if she plans to immigrate to the US, she must be honest.

 

Yes, great point,  If she's asked if she intends to immigrate in the interview, she must be honest. 

 

Is it true that immediate family members of USCs (like parents) are pretty much guaranteed to receive an immigrant visa?  In this discussion, no one has indicated that the B1-B2 visa could affect her chances of getting the immigrant visa, which seems to indicate it is pretty safe.

[Crazy Cat 43,431]

4 minutes ago, lovinglive said:

Is it true that immediate family members of USCs (like parents) are pretty much guaranteed to receive an immigrant visa?

No more so than anyone else...

5 minutes ago, lovinglive said:

no one has indicated that the B1-B2 visa could affect her chances of getting the immigrant visa,

A B2 will not affect an immigrant visa.

[lovinglive 29]

4 minutes ago, Crazy Cat said:

No more so than anyone else...

A B2 will not affect an immigrant visa.

All right, thanks Crazy Cat!

[discoverusa 308]

I think having your MIL visit on a B2 Visa is an excellent idea. She will have a taste of life in the US.  Honestly, I have seen so many cases where the US citizen child sponsors a in elderly parent without fully considering if the parent truly wants to live here. It is hard for an older person to adjust to a new life. No extended family or friends. 

 

Additionally, you should research cost of healthcare in your state for an elderly LPR. This may also affect your decision. Good luck!

[lovinglive 29]

16 hours ago, discoverusa said:

I think having your MIL visit on a B2 Visa is an excellent idea. She will have a taste of life in the US.  Honestly, I have seen so many cases where the US citizen child sponsors a in elderly parent without fully considering if the parent truly wants to live here. It is hard for an older person to adjust to a new life. No extended family or friends. 

 

Additionally, you should research cost of healthcare in your state for an elderly LPR. This may also affect your decision. Good luck!

Hi Discover USA, those are some good things to consider.  It wouldbe a good chance for her to consider a totally different lifestyle.

 

Hopefully her B1-B2 would be approved but it's very difficult.