GeorgeH

Oops, sorry all. I wrote bigamy but was thinking incest. I did not read the part about the second marriage. Please disregard my post.

Please do some research before you post. Your advice in this thread and in other threads are wrong and potentially dangerous for anyone following them.

Babysitting is work. It doesn't not matter no payments are made. If you did any research on this site, you will find vast amount of information where grandmothers have been denied visitor visas for saying they are coming to babysit a grandchild. If you had just Googled "grandmother visitor visa babysitting," you would have found the correct answer but you didn't even bother to do that before posting your advice that she can babysit on a tourist visa as long as she was not getting paid.

Why would she need to talk to a lawyer?

Use the search function on this site. You will find that many people with visitor visas have been able to get into the US on visitor visas with pending immigration petitions. There is even a pinned thread on this. http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

Do research before you post your opinions as advice for people to follow. Following your advice can ruin people's lives. This is not a game. You are messing with people's lives.

Because a lawyer would have told her that the answer to "why are you coming to the US" is "to visit family, and to be with my grandson" which is true.

Fair enough to "do your research," though.

She can babysit on the tourist visa. She's VISITING you and your kid, right? As long as you're not going to pay her mom to babysit, then it's fine. Tourist doesn't literally mean going sightseeing.

If she comes to the US with the intent of adjusting status, that's fraud. If she does not come with that intent, but later decides to do that, then it should be fine. Talk to a lawyer.

If you start the process now, she will not be able to get into the country on a tourist visa.

It doesn't. The issue is that there is potentially bigamy here and that would make obtaining a visa for her extremely difficult, if not impossible.

Why? She doesn't need to submit her mother's marriage certificate. There are no bigamy questions on the I-485. The only possibly relevant question is about the CIMT.

A CIMT is a "depraved or immoral act, or a violation of the basic duties owed to fellow man, or recently as a “reprehensible act” with a mens rea of at least recklessness." First, if they were legally married (without fraud), it obviously wasn't a crime. Regardless of that, I'm not sure this fits into that definition. She was forced into the marriage, she did not take a depraved or immoral act with any sort of intent.

Even if it is a CIMT, I think this can be explained given the strange situation and her mother's age at the time.

I'd say this will work out fine.

How does the person your mom is married to impact your filing for her?

Why don't you upgrade to premium processing and get a decision within 15 days?

Look at the guides on this site.

If you make only 5k, you don't have to file a tax return. You can include a brief explanation about this. Answer the questions truthfully.

Tell them he doesn't have a DL or Gov't issued ID. He shouldn't have to get a DL just to take a job. It's more likely just a form they give everyone without further thought.