CaliforniaBride

I'm about to naturalize so this question won't apply until I'm done but I wanted to get the info ahead of time.

Once I become a US citizen I plan to sponsor my mother to become a LPR. Her situation is that she, and her partner, have B2 visas that they used on their last trip prior to that she used VWP. On their last visit they purchased a holiday home.

How does the doctrine of dual intent apply? Can a B2 still visit after applying for LPR?

S Folinsky

Sigh. "Dual intent" is an oft misunderstood term of art.

You might want to rephrase the question -- can mum continue to visit on her B-2 visa after I file an I-130 for her?

ian-mstm

She sure can!

Ian

ian-mstm

Just a quick FYI... your mom's partner may not be able to take advantage of your application. In other words, he may be required to continue to use a B-2 visa to visit the US but won't be allowed to live in the US. Even if they're married (which is unclear from your use of the term "partner"), I'm not sure he'll see any advantage.

So, a question to the others... is a wife's husband eligible to take advantage of an I-130 when filed by the wife's USC daughter? I'm assuming the marriage did not occur prior to the daughter's 18th birthday, and so there is no (for immigration purposes) step-relationship between the daughter and mom's husband.

Ian

CaliforniaBride

The answer is yes. She could file for him when she becomes a LPR.

CaliforniaBride

Can my Mom continue to visit on her B2 after I file I-30 for her

CaliforniaBride

Not according to this

Noorah101

Wow, that link is SO wrong. First of all, yes she can continue to visit on a B-2 after an I-130 is filed for her. She should bring proof of her ties to her home country, as usual for any tourist.

Second, it is illegal to enter the USA as a visitor with the intent to remain and adjust status, so the person answering the question in that link is giving terrible advice.

Rene

ian-mstm

Umm... "this" is wrong.

Ian

CaliforniaBride

Thanks Rene. Can you direct me to where I can find this legislation? Has anyone, that you are aware of, posted their experience doing this? I'm not finding anything. Most people seem to want to file I130 while the UKC is present in the US this is not necessarily what she would like to do. My Mum is terribly nervous and so am I. She's not as, shall we say, hardy as I am. If anything went wrong she would be devastated.

S Folinsky

This is not a matter of "legislation." It is more a matter of practice.

Also, each individual application is, ultimately, adjudicated by one member of the minions of the Dark Forces. The phrase "your mileage may vary" is often used.

As you note, many people have the idea of coming as a non-immigrant with the idea of applying for permanent residence inside the United States. Other than the K-1 visa, this is strongly frowned upon as a short circuit of the system. Even if one is just coming for temporary visit, the Dark Forces have seen too many people who seek to use the "visa express."

CaliforniaBride

Thanks Folinskyinla (I remember you from a while back ;-))

Absolutely! She has no intention of taking a short cut. We both want this to be done legally and above board. The ideal scenario would be that I file the I130 and she continue to use her B2 to enter and leave while her application is processed.

She is retired but she does have a permanent residence in UK. But I'm wondering if her having recently purchased a second home in Florida could present problems.

Will her entering and leaving during the process affect it at all? Is she rquired to be ina particular country for any part of the process?

Would AP come in to play or will the B2 take care of that issue. I remember from your posts at the time of my process regarding AP. It was more complicated than it appeared and somewhat problematic. I would rather she were able to avoid the issue. Tbh, I'm not sure I want to get my head around all that part again.

So I'm understanding that she is free to travel on B2 but be prepared for the harbingers of doom at POE. Would you expect closer scrutiny due to having an I130 in the works? And perhaps a higher likelihood of her being denied entry?

Do you forsee any potential issues that we should be aware of?

Thank you

dreamercon

Wife's husband, when no step relationship exists with the daughter, will have to wait for many years for his priority date to become current after a new I=130 is filed by his wife.

CaliforniaBride

When she is eligible to naturalise after 5 years then she would be able to file for him and a visaw ould be immediately available as a spouse of a USC.

Noorah101

The I-130 can be filed by the USC at any time. Mom can be in the USA or overseas, it doesn't matter.

Rene