I-130 for my mother and her husband....
Jun 2nd 2010, 3:39 am
#1
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I-130 for my mother and her husband....
I am a USC. My mother in Scotland recently expressed interest in moving here when she retires in the next year. My dad died 9 years ago but my mother recently remarried.
I know I can file an I-130 for my mother but what is the status of her husband who obviously wants to come with her. How would that work?
Thank you
Ronnie
I know I can file an I-130 for my mother but what is the status of her husband who obviously wants to come with her. How would that work?
Thank you
Ronnie
Jun 2nd 2010, 4:22 am
#2
Joined: Apr 2002
Posts: 35,082
Re: I-130 for my mother and her husband....
I am a USC. My mother in Scotland recently expressed interest in moving here when she retires in the next year. My dad died 9 years ago but my mother recently remarried.
I know I can file an I-130 for my mother but what is the status of her husband who obviously wants to come with her. How would that work?
Thank you
Ronnie
I know I can file an I-130 for my mother but what is the status of her husband who obviously wants to come with her. How would that work?
Thank you
Ronnie
Jun 2nd 2010, 4:25 am
#3
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Re: I-130 for my mother and her husband....
Well over 18. My mother is 68. I'm, oh God, I can hardly type the figures.... 44.
I got my USC in 2007.
I would guess that I would only be allowed to petition my mother and then she could petition him as a GC holder?? Any suggestions on the best path to go down?
Thanks
Ronnie
I got my USC in 2007.
I would guess that I would only be allowed to petition my mother and then she could petition him as a GC holder?? Any suggestions on the best path to go down?
Thanks
Ronnie
Jun 2nd 2010, 4:29 am
#4
Joined: Apr 2002
Posts: 35,082
Re: I-130 for my mother and her husband....
Well over 18. My mother is 68. I'm, oh God, I can hardly type the figures.... 44.
I got my USC in 2007.
I would guess that I would only be allowed to petition my mother and then she could petition him as a GC holder?? Any suggestions on the best path to go down?
Thanks
Ronnie
I got my USC in 2007.
I would guess that I would only be allowed to petition my mother and then she could petition him as a GC holder?? Any suggestions on the best path to go down?
Thanks
Ronnie
Once your mother is a PR, she can file a petition for her spouse. That category is currently backlogged, with a wait for a visa number. The current wait is about 5 years.
There is no interim permission for her husband to live in the US while waiting for a visa number. And, your mother must live in the US once she is a PR.
At their age, it's a long wait. And then there's the inevitable health insurance discussion.
And 44's not.. *that* old.
Jun 2nd 2010, 4:37 am
#5
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Re: I-130 for my mother and her husband....
Thanks for that. I suspect that if my mopther does come here, and her husband comes over to visit, he may just stay and AOS - but I know thats not the legal way to do it. Actually, I don't even know if a PR can do that. Anyway, no need to comment on that since I am not advocating skirting the law in any manner.
Thanks for your help.
Ronnie
As for 44 - played tennis 3 x in 4 days and can hardly walk today. Its catching up on me - and I have a birthday this month!
Thanks for your help.
Ronnie
As for 44 - played tennis 3 x in 4 days and can hardly walk today. Its catching up on me - and I have a birthday this month!
Jun 2nd 2010, 4:42 am
#6
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Posts: 444
Re: I-130 for my mother and her husband....
Not so much illegal as impossible. You cannot file for AOS without an available visa number. only then can someone file I-485 to adjust. i-130 provides no rights to stay in the US.
Perhaps he could come on another visa (E-2 comes to mind as viable if he meets the requirements and can be self-petition, but could also be eternal student on F-1 or find a job with a friend on H1-B) knowing that in 5-7 years the wife could be a citizen and could petition for Green Card that way. Currently those are immediately available.
However (Don't mean to be morbid....) In the horrible and unexpected situation, God forbid, if she were to pass away before he adjusted status, he would not have such an easy path to Green Card. (I only mention this because by the time my parents were 44, I only had 1 out 4 grandfathers left. He's now passed away, but almost made it to 95)
Best of Luck
Perhaps he could come on another visa (E-2 comes to mind as viable if he meets the requirements and can be self-petition, but could also be eternal student on F-1 or find a job with a friend on H1-B) knowing that in 5-7 years the wife could be a citizen and could petition for Green Card that way. Currently those are immediately available.
However (Don't mean to be morbid....) In the horrible and unexpected situation, God forbid, if she were to pass away before he adjusted status, he would not have such an easy path to Green Card. (I only mention this because by the time my parents were 44, I only had 1 out 4 grandfathers left. He's now passed away, but almost made it to 95)
Best of Luck
Last edited by A I; Jun 2nd 2010 at 4:47 am.
Jun 2nd 2010, 6:21 am
#7
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Re: I-130 for my mother and her husband....
68 and Health Insurance rules it out anyway.
Jun 2nd 2010, 6:26 am
#8
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Re: I-130 for my mother and her husband....
Another option could be obtaining a B-2 for Winter Bird style travel, staying the summers in the US. But no work permit...
It is only an option for some with the necessary $$$ resources. and you get to keep you existing medical coverage.
It is only an option for some with the necessary $$$ resources. and you get to keep you existing medical coverage.
Jun 2nd 2010, 7:00 am
#9
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Re: I-130 for my mother and her husband....
Jun 2nd 2010, 7:10 am
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Re: I-130 for my mother and her husband....
Very interesting.
So if they both entered on a B2, they can either file for an extension of the B2 and/or AOS at some point? On what basis would they be entitled to AOS? Surely not just because they have a B2 visa. Am I correct in assuming its back to square one with AOS to my mother and no-go for her husband?
The website says this...
U.S. Visitor Visa Change of Status: Individuals who enter the United States on a B-2 Tourist Visa are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to another nonimmigrant status, such as temporary worker (H-1B, H-2B, E-1, E-2, E-3, etc.), student (under the F-1 Student Visa), or even to permanent United States resident (Green Card). Individuals who enter the United States under the the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of nonimmigrant visas, such as the B-2 Tourist Visa, over the Visa Waiver Program.
I will need to read up on the Health Insurance rules. My mother originally wanted to live in Australia (my brother is there) but she said the govt wanted $60k because of her age (I dont know the full story) but that is why she now wants to come to the US. Perhaps it will be similar here. I'll check that out.
Ronnie
So if they both entered on a B2, they can either file for an extension of the B2 and/or AOS at some point? On what basis would they be entitled to AOS? Surely not just because they have a B2 visa. Am I correct in assuming its back to square one with AOS to my mother and no-go for her husband?
The website says this...
U.S. Visitor Visa Change of Status: Individuals who enter the United States on a B-2 Tourist Visa are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to another nonimmigrant status, such as temporary worker (H-1B, H-2B, E-1, E-2, E-3, etc.), student (under the F-1 Student Visa), or even to permanent United States resident (Green Card). Individuals who enter the United States under the the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of nonimmigrant visas, such as the B-2 Tourist Visa, over the Visa Waiver Program.
I will need to read up on the Health Insurance rules. My mother originally wanted to live in Australia (my brother is there) but she said the govt wanted $60k because of her age (I dont know the full story) but that is why she now wants to come to the US. Perhaps it will be similar here. I'll check that out.
Ronnie
Jun 2nd 2010, 7:17 am
#11
Joined: Apr 2002
Posts: 35,082
Re: I-130 for my mother and her husband....
Very interesting.
So if they both entered on a B2, they can either file for an extension of the B2 and/or AOS at some point? On what basis would they be entitled to AOS? Surely not just because they have a B2 visa. Am I correct in assuming its back to square one with AOS to my mother and no-go for her husband?
The website says this...
U.S. Visitor Visa Change of Status: Individuals who enter the United States on a B-2 Tourist Visa are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to another nonimmigrant status, such as temporary worker (H-1B, H-2B, E-1, E-2, E-3, etc.), student (under the F-1 Student Visa), or even to permanent United States resident (Green Card). Individuals who enter the United States under the the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of nonimmigrant visas, such as the B-2 Tourist Visa, over the Visa Waiver Program.
I will need to read up on the Health Insurance rules. My mother originally wanted to live in Australia (my brother is there) but she said the govt wanted $60k because of her age (I dont know the full story) but that is why she now wants to come to the US. Perhaps it will be similar here. I'll check that out.
Ronnie
So if they both entered on a B2, they can either file for an extension of the B2 and/or AOS at some point? On what basis would they be entitled to AOS? Surely not just because they have a B2 visa. Am I correct in assuming its back to square one with AOS to my mother and no-go for her husband?
The website says this...
U.S. Visitor Visa Change of Status: Individuals who enter the United States on a B-2 Tourist Visa are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to another nonimmigrant status, such as temporary worker (H-1B, H-2B, E-1, E-2, E-3, etc.), student (under the F-1 Student Visa), or even to permanent United States resident (Green Card). Individuals who enter the United States under the the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of nonimmigrant visas, such as the B-2 Tourist Visa, over the Visa Waiver Program.
I will need to read up on the Health Insurance rules. My mother originally wanted to live in Australia (my brother is there) but she said the govt wanted $60k because of her age (I dont know the full story) but that is why she now wants to come to the US. Perhaps it will be similar here. I'll check that out.
Ronnie
Your mother should not immigrate from a B visa entry; you'd do what you did with your kids... file I-130 & she applies for a visa. Still leaves her husband out of the loop.
The idea about them getting B-2 visas is so they could live in the US *only* on the snowbird schedule.. six months in the US, six months out.
There are not health insurance deposits required for your mother, but YOU as the petitioner have to show that she will not become a public charge. You do this by proving your income. However, it doesn't solve the problem of health coverage for her.. she would not be eligible for any US gov't health insurance programs (Medicare, Medicaid etc) and the premiums for a policy for someone her age are shocking.
However, as a visitor to the US (6 months in/6 out) she may qualify for some sort of travel insurance.
If she thinks healthcare will be less expensive in the US vs Australia, she may be in for a disappointment.
Last edited by meauxna; Jun 2nd 2010 at 7:21 am.
Jun 2nd 2010, 7:19 am
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Posts: 58,687
Re: I-130 for my mother and her husband....
Very interesting.
So if they both entered on a B2, they can either file for an extension of the B2 and/or AOS at some point? On what basis would they be entitled to AOS? Surely not just because they have a B2 visa. Am I correct in assuming its back to square one with AOS to my mother and no-go for her husband?
The website says this...
U.S. Visitor Visa Change of Status: Individuals who enter the United States on a B-2 Tourist Visa are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to another nonimmigrant status, such as temporary worker (H-1B, H-2B, E-1, E-2, E-3, etc.), student (under the F-1 Student Visa), or even to permanent United States resident (Green Card). Individuals who enter the United States under the the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of nonimmigrant visas, such as the B-2 Tourist Visa, over the Visa Waiver Program.
I will need to read up on the Health Insurance rules. My mother originally wanted to live in Australia (my brother is there) but she said the govt wanted $60k because of her age (I dont know the full story) but that is why she now wants to come to the US. Perhaps it will be similar here. I'll check that out.
Ronnie
So if they both entered on a B2, they can either file for an extension of the B2 and/or AOS at some point? On what basis would they be entitled to AOS? Surely not just because they have a B2 visa. Am I correct in assuming its back to square one with AOS to my mother and no-go for her husband?
The website says this...
U.S. Visitor Visa Change of Status: Individuals who enter the United States on a B-2 Tourist Visa are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to another nonimmigrant status, such as temporary worker (H-1B, H-2B, E-1, E-2, E-3, etc.), student (under the F-1 Student Visa), or even to permanent United States resident (Green Card). Individuals who enter the United States under the the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of nonimmigrant visas, such as the B-2 Tourist Visa, over the Visa Waiver Program.
I will need to read up on the Health Insurance rules. My mother originally wanted to live in Australia (my brother is there) but she said the govt wanted $60k because of her age (I dont know the full story) but that is why she now wants to come to the US. Perhaps it will be similar here. I'll check that out.
Ronnie
The B-2 visa is for visiting. It has nothing to do with AOS or obtaining a green card. If they receive a B-2 visa, they enter the USA, stay the period stamped allowed in their passport, and then leave the USA before that date.
It is illegal to enter the USA as a visitor with the intent to adjust status to permanent resident.
Besides which, even if you thought of doing that....your step-dad will have a very long wait (years) in the USA with no status and no way of working....is that what they really want? I doubt it.
Filing for an extension of the B-2 involves having a good reason why you cannot depart the USA on time, such as you are in the hospital and won't be released or given permission to fly for several months after.
Rene
Jun 2nd 2010, 7:25 am
#13
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Re: I-130 for my mother and her husband....
Thanks so much for the responses. I understand now. The USCIS website said B2 could apply for PR - but the important words "if they qualify" leads me back to square one - so I understand the B2 better. That could be a good thing for her though. They could sell their home in Scotland and rent here for 6 months and I'm sure she could do the same to see my brother in Oz.
All new things to consider.
THANKS again
Ronnie
All new things to consider.
THANKS again
Ronnie
Jun 2nd 2010, 7:26 am
#14
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Posts: 444
Re: I-130 for my mother and her husband....
To be considered a "visitor" you generally have to spend more time in your "home" abroad, than in the US (otherwise, you are living here, not visiting)
***
If the goal is to move to the US permanently, I think finding another long term visa for the husband is the hard part. (Along with the mentioned health insurance issue, which you will have regardless)
He cannot adjust in the US without having some other status to adjust from. He would have to spend likely 5 years waiting, and there is no such visa or status for waiting husband of mother of US Citizen. He would be eligible to adjust in 5 years after the petition was filed if he was still legally in the US.
If he is willing and able to Work and find an employer with an H1-B , or with his E-2 company, and if he is able to do this for 5 years and insure under a company group plan, he could then after those 5 years qualify for Medicare, which might be a way to solve the medical insurance issue and the visa issue.
With the limited info that we have about their situation, These are things I consider "possible"... It does not mean they are probable or likely, but it could be pulled off.
Depending on the "depth" of their pockets, you can "Invest" $500K with a special company that results in you getting a Green Card. the money is at risk and most schemes are rather new, so I wouldn't do it unless I was really willing to loose the $500K. You can also invest the $500K yourself and create 10 employment positions, and you get your GC.
Jun 2nd 2010, 7:31 am
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Re: I-130 for my mother and her husband....
Thanks AI - you didn't mislead me. Actually helped explore areas I was not aware of. My mother and her husband are looking to retire, not work and they have not a great deal of money. The B2 route looks like it is the best option.
Ronnie
Ronnie
