General Immigration

[Squonk]

My marriage is not even a year old and I am faced with my 1st crisis.
My wife's father passed away late last year.
Her mother, for reasons she believed were valid, directed other family member's and my wife's friends not to reveal this tragedy.
Recently, one of my wife's friends, after finding out that she had her GC, told her the tragic truth.
Previously, my wife and I briefly discussed this inevitable event, a death of one of her parents, but the time frame was 10 years in the future.
Well the future is now and we need to establish new plans.
My wife is very concerned about the welfare of her mother and wants her to join her here in the USA.
I told her that I concur.
Can someone please advise me on what the general immigration process/procedures are and if we qualify for any special consideration to expedite the case?
Thank you,
-Squonk

[Sebastian]

heya squonk - she can come over one of two ways - 1) tourist (B-1) or 2) immigrate as a parent of a usc (I-130).

 

if she comes over as a tourist she'll have to prove up that she doesn't have intention to immigrate into the usa, and show strong ties to china.

 

if she comes over as a parent of a usc, your wife will need to be a usc. near as i can remember - her becoming a usc will take about 3.5 years, based on her marriage to you. Once she's a usc, she can file a I-130 on behalf of her mother.

 

She can also file it as a LPR (her current status) but the wait time is abysmal - 7 to 10 years, IIRC. As a citizen, it's the normal I-130 processing times.

Edited March 15, 2009 by Sebastian (see edit history)

[Randy W]

heya squonk - she can come over one of two ways - 1) tourist (B-1) or 2) immigrate as a parent of a usc (I-130).

 

if she comes over as a tourist she'll have to prove up that she doesn't have intention to immigrate into the usa, and show strong ties to china.

 

if she comes over as a parent of a usc, your wife will need to be a usc. near as i can remember - her becoming a usc will take about 3.5 years, based on her marriage to you. Once she's a usc, she can file a I-130 on behalf of her mother.

 

She can also file it as a LPR (her current status) but the wait time is abysmal - 7 to 10 years, IIRC. As a citizen, it's the normal I-130 processing times.

 

 

You lose 3 1/2 years that way.

 

She can file the I-130 when she becomes an LPR. Then she can upgrade to a US Citizen, if she becomes one. The time she has already spent in the queue will count toward the parent of USC quota.

 

You don't lose the old application, you don't have to file another. She simply upgrades, including the waiting time already spent.

[Sebastian]

Randy - ya, that's what I read into that situation too - thanks for raising it. I've never read of anyone actually doing it that way, though, just that it is a possibility.

[Squonk]

Forgive me for my ignorance, the acronym LPR = ??????

[Sebastian]

Legal Permanent Resident. there are at least two types, CR-1, and IR-1 .

[Randy W]

Randy - ya, that's what I read into that situation too - thanks for raising it. I've never read of anyone actually doing it that way, though, just that it is a possibility.

 

 

Check here - http://www.visapro.com/Message-Board/showthread.php?p=61459

 

Also, in CFL's FAQ's. There are a lot of cases where it was done for a spouse. For a parent, harder to find.

 

http://candleforlove.com/FAQ/CFL_FAQ_Visas_Final1.htm#Q1_20

 

Q.1.21 Upgrading a Petition - If You Were an LPR and Now are an American Citizen?

[Squonk]

She is a CR-1.

She does intend to get her Citizenship.

So it sounds like that we can get the I-130 rollin now without any issue.

[Randy W]

No - sorry - I missed this part

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

 

NOT for a parent - so Danell is right - she will have to wait until becoming a citizen before filing for her parent.

 

The part about upgrading a petition when you become a citizen is correc - just that in this case, you cannot file a petition until she is a ciitizen

 

Sorry 'bout that

Edited March 15, 2009 by Randy W (see edit history)

[warpedbored]

As Randy just pointed out there is no immigrant visa for parents of LPRs. If she wants her mother to come live here she will have to become a US citizen. There is no quota for parents of a US citizens. It is normal processing time for an I-130, about 13 months. She can apply to become a US citizen 3 years minus 90 days from the issue date of her first green card. Processing time for a US citizen application is about 5-12 months. In the meantime her mother can apply for a tourist visa to come and visit. If she decides to visit try and make a solid case that she has sufficient ties that she will return to China.

 

Good luck

[Sebastian]

squonk - how old is mama , and how is her general health ?

 

for now, it may be more straight-forward for the other family members to take care of her, and you guys send her money each month (ya, i know, I'm stating the obvious).

 

I'll send you a PM in a mo about the tourist visa.

Edited March 15, 2009 by Sebastian (see edit history)