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tourist visa while a petition in process for parent in-laws


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Hi,

 

Wife just got sworn in as a citizen and wanted to petiton her parents to come here. now I have a dilema. She wants to get her parents tourist visas while the petitions are in process. Is there gonna be any conflict and will they be denied because of the petitions are in process? or should we get them the tourist visas first and have them come here and put in the petition and wait out the process and do an adjustment of status. I guess my question is: do they have to go back to China for the visa interview if their petitions got approved while they are here on a tourist visas or can they just wait out the the process here and get interview here for their green cards. She wants them to be here first and start the petitions. If the process takes longer than the visas allow them to, can they extend or renew the visas and wait for their green card?....

 

what will be the best approach to bring them here?...

 

Any help will be appreicated ...

 

thank you so much...

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Having an immigrations petition in process shows immigrations intent, so in that case the chances of a denial of the visit visa is much higher.

 

Could apply for visit visa, and then once visiting file I-130s for immigrations.

 

Keep in mind entry to the USA on a visit visa with full intent to stay is considered visa fraud, visit visa is for visiting not immigrating.

 

Best and most reasonable approach would to simply file the I-130's now and simply wait out the process, the timing is such that more than likely you can get the immigrations visa before Christmas this year.

 

Costs Break down.

 

B2 then AOS

  • B2 fee $140
  • I-130 $420
  • I-485 $1070
  • I-693 Medical (US Civil Surgeons tend to whack you for $350 - $500)
  • Total... ($1980 ~ $2130) EACH

IR-5 visa

  • I-130 $420
  • NVC fees $492 (Includes visa fee..)
  • Medical ($145 ~ $175)
  • Total ($1057 ~ $1087) EACH

If it were me I would take the patience route and simply apply for IR-5 visas for them and wait the 6 to 9 months for it to process through to an interview.

 

Another benefit of going the IR-5 route is they get green-card status the moment they arrive allowing them to get on and do things like apply for SSN then apply for driving licenses. Also if you live near Canada or Mexico you could even travel across the borders without needing a visit visa, the I-551 notation on the IR-5 visa will allow visa free travel to our neighboring countries.

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thank you very much dnoblett....you are the best...

 

we ll adopt the ir5 route then......

 

so...their notorized translated marriage certificate is the only document that they need to get right? since my wife already has her birth certificate with her. What about the criminal free certificate?...do they get it when they are notified for the interview?...

 

thank you again...

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thank you very much dnoblett....you are the best...

 

we ll adopt the ir5 route then......

 

so...their notorized translated marriage certificate is the only document that they need to get right? since my wife already has her birth certificate with her. What about the criminal free certificate?...do they get it when they are notified for the interview?...

 

thank you again...

USCIS will only need documentation connecting your spouse to her parents, and if her name changed will need documentation showing how her family name changed.

 

As for police cert, this will be requested later by NVC after I-130 has been approved.

 

For the NVC stage study the electronic process info here: http://candleforlove.com/forums/index.php?/topic/37703-i29fk3-changes-and-nvc-electronic-processing-for-i-130cr1/

 

A handy guide to petition filing is here: http://www.visajourney.com/content/immigration-parents

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