Green cards for her parents?

[mandarinstudent]

My wife and I were wondering about getting her parents a green card. She found out that we can get them a 1 year tourist visa, so the question is whether we can first apply for them to get the 1 year tourist visa and then while they are here apply for their green card. Does anyone know how this would work? Can we file an I-485 while they are here on a tourist visa or is that not allowed?

Edited December 27, 2008 by mandarinstudent (see edit history)

[dale7570]

My wife and I were wondering about getting her parents a green card. She found out that we can get them a 1 year tourist visa, so the question is whether we can first apply for them to get the 1 year tourist visa and then while they are here apply for their green card. Does anyone know how this would work? Can we file an I-485 while they are here on a tourist visa or is that not allowed?

 

your wife can apply for her parents, but only after she becomes a usc. good luck.

[MikeXiao]

If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:

A. Your husband or wife; B. Your unmarried child under age 21; C. Your unmarried son or daughter age 21 or older; D. Your married son or daughter of any age; E. Your brother(s) or sister(s) (you must be age 21 or older); F. Your mother or father (you must be age 21 or older).

 

They will not be able to file the I-485 because they are only here on a tourist visa. The 485 is for adjustment of status for an immigrant.

An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative.

[Randy W]

US Citizens may file an I-130 for a CR visa for their parents. The I-485 would be filed when they arrive on that visa.

[Sebastian]

What follows is my opinion, I'm not a lawyer and I don't play one on TV.

 

Ya, sorry, that's mostly putting the cart before the horse.

 

SHE can apply for I-130 for her parents, NOW. But since she's not a USC, she'll have to wait 7 to 10 years.

 

The good news, is that WHEN she becomes a USC, she'll have her application moved closer to the front of the line (she'll have to remind USCIS that she's become a citizen, and will have to write some letters requesting queue movement).

 

As for the tourist thing - hey - if they get a set once, they can re-apply as well, be over here a few times whilst she's waiting to become a USC (which takes about 3.5 years from the first date of her first greencard).

[Randy W]

From the I-130 instructions -

 

2. If you are a lawful permanent resident of United States, you may file this form for:

A. Your husband or wife;

B. Your unmarried child under age 21;

C. Your unmarried son or daughter age 21 or older

 

Sorry

Edited December 31, 2008 by Randy W (see edit history)