Noorah101

This is a valid option, and can be done.

Her visits to the USA won't have any effect on her Immigrant Visa process, no.

Yes, she will need to be back in the UK for her medical exam and visa interview.

If by AP you mean Advance Parole, that is not part of her process. She is doing an Immigrant Visa process, which means she becomes a PR upon entry to the USA using her Immigrant Visa. There is no adjustment of status (which includes AP) for her. If by AP you mean Administrative Processing, that is something else.

Unfortunately, there is just no way of knowing how it will go at each POE entry.

Rene

CaliforniaBride

*delete*

Noorah101

Yes, she needs to be back in the UK for her medical exam and visa interview.

Rene

CaliforniaBride

Thank you Rene. Very helpful!

Yes, by AP I meant advance parole. I recall it was required of me if I wanted to leave the country while my app was being processed. I never used it. So you are saying that if she uses her B2 to enter and leave the US she will not have to worry about getting AP?

Noorah101

Advance Parole is only for those who come on a non-immigrant visa to the USA and then adjust status to permanent resident (you probably entered on a K-1 and did an adjustment of status to permanent resident). It has nothing to do with the B2 travel at all.

Since your mom will be getting an Immigrant Visa from London, once she uses the Immigrant Visa to enter the USA, she will become a PR immediately, and will not be doing an adjustment of status in the USA....therefore, no need for AP.

Rene

Noorah101

YOUR application was for adjustment of status. Your mom's application will be for an Immigrant Visa. They are very different things.

Rene

ian-mstm

It's a curiosity of US law - and I've said this before, but it bears repeating - that an individual can do anything they want as long as there is no specific law prohibiting it. The reason you can't find anything that says it's okay, is because there isn't a specific law prohibiting it. If there were such a law, you'd find it... there isn't... therefore it's perfectly okay for her to visit on the B-2 while the I-130 is in process.

Ian

CaliforniaBride

Thank you so much Rene. So she I apply while she is back in UK. The process happens in London. She travels back and forth on her B2 while her application is being processed. Once application is approved she enters US as GC holder and immediately becomes a LPR?

Do I have it right?

CaliforniaBride

Oh! Okay. Thanks Ian. That really does clear that up for me. Makes absolute sense. I was totally unaware of the fact that I worked like that. Thanks again!

ian-mstm

You can apply while she's in the US... indeed, it doesn't matter where she is - you can apply.


The second half of the process happens in London. The first half of the process happens in the US - adjudication and approval of the I-130 peititon. Once the I-130 is approved, it's sent to London where she's invited to apply for the visa.


Yes.


Once the application is approved, she receives an immigrant visa in her passport. The day she enters the US with that immigrant visa, she immediately becomes a PR. The endorsed visa (which will be stamped when she enters the US) has the same full force of law as the plastic green card and serves as such until the plastic card comes in the mail a few weeks later.

Ian

CaliforniaBride

Thank you Ian. That's really helpful. At this point I only have one more question. People who apply while the person is in the states usually have them stay, kind of shortcutting the visa process. im understanding that this can look suspicious. My applying and then her returning to the UK while the app is in process will not have that air of suspicion. Correct?

We really are wanting to do this the 'right' way and not use the system to get around the system, so to speak.

Oops, one more question. so she needs to be prepared to have to return to the UK if she happens to be here on a visit as an when her second half of app is required to be in London. I thought that if I applied here they would want to do the second half of the processing processing here. I know she would prefer to do it in London.

Hehe, another question. her holiday home is in Florida and I live in Iowa. Does that affect anything?

And another one. Can you direct me to processing times for naturalization and LPR?

Noorah101

It is fine if you file the I-130 while she's in the UK. It's also fine if you file the I-130 while she's visiting in the USA. She should never overstay any visit to the USA. She can come to visit the USA on her B2 anytime throughout the Immigrant Visa process. The one thing that's NOT advisable to do, is to have her come to the USA with the intention of remaining in the USA and adjusting status to permanent resident.

She needs to return to the UK before her B2 visit expires....and she'll need to return to the UK to get her medical done and attend her visa interview. So she'll probably go back home once the case gets through NVC, so she can have her medical done and schedule an interview. She'll stay in the UK until she attends her interview and gets her Immigrant Visa in hand.

No.

Processing times for naturalization: www.uscis.gov

Processing times for LPR, you mean after having filed an I-485 for adjustment of status?

Rene

CaliforniaBride

I cant thank you guys enough for your help and your patience! Really, it's such a relief to understand what's going to happen and how to get it done.

she definitely won't be overstaying on her B2. And she has no need or desire to AOS. she can travel freely and stay here for 6 months at a time as it is. She is retired and I'm grown (so I say!) so she has no compelling reason to try and rush the process. Besides all that she wouldn't hear of doing it any way except the correct and honest way. That's my mumsie!

So I'm assuming that I would just go ahead and file according to the instructions on the USCIS website? and would I file based on where I live or where her house is?

CaliforniaBride

Oh, I have a question for that then. I thought she wasnt doing AOS? I understood that AOS was for people who had entered here on B2 and wanted to stay here while their app is processed.

If Im filing here how do USCIS know to send the second half of her app to London? Or does that happen with everyone regardless of whether you are doing it the 'right way' or the 'wrong way'.

meauxna

I'm really surprised that you have not engaged an immigration attorney to do this for you. In the past you've been very vehement about the need for proper legal representation in immigration matters, and slammed DIY boards like this.

You would probably do best to read some wiki guides or on USCIS.gov for instructions on how to petition & apply for an Immigrant Visa.
Here is one in simple language (no legalese):
I Am a U.S. Citizen How Do I… Help My Relative Become a U.S. Permanent Resident?
http://www.uscis.gov/USCIS/Resources/A1en.pdf

Since your own citizenship application is going to take at least six months, you've got time to do your homework.