Visa for parents

[Am4wag]

SO recently obtained citizenship,and is now wanting her parents here.Not that they are desparate or anything,but that I as well think it to be a great idea,as they are 80+ in age and we miss them.SO has been here (and working) in the states 6+ years and she has'nt seen her parents since leaving China.We both have been too busy working to have allowable time for any kind of quality visit (in China),and you know how time flies.
I guess what I'm getting at is it looks like we're faced with a "strategy" in order to do this,reminding me very well of the "stratedy" of getting my SO here (K-1=guicker here vs. marrying her there in China and waiting longer (greencard granted).In which both ways have the same result-legally living here.
I know that the I-130 is the first step.But we are trying to decide whether to file them as visitors,then once here, file for permanant residence.Or file as immagrants on a family basis.
My inclination is to file them as visitors,but it seems they need to provide alot of documents (house,bank,etc. statements) guaranteeing their return to support the vistor visa-in which would have to be mailed to us by them,then mailed by us along with I-130 to USCIS.But also on the other hand,filing them on family basis (immigration intended),all we have to do is show basically is that we can support them.

[dnoblett]

Do the correct thing file two I-130s for them to come her on IR-5 visas, this will get green-card upon entry to the USA, and save you $$$ in Fees.

 

I-130 IR-5

• I-130 $420
  
• DS-230 $230
  
• I-864 $88
  
• Total $738 if filed petition in the USA
  

Visit and adjust

• Visit visa $160
  
• I-130 $420
  
• I-485 $1070
  
• Total $1650
  

In both cases you will have to provide an I-864 to show ability to support.

[Am4wag]

OK,so let's say we go with the first option you mentioned (I-130 IR-5).......do we send I-130 and wait for response,or send I-30 and DS-230,or send everything at once?.Thing is,I'm under the impression that SO's parents have to send the DS-230 to the embassy there in China.......and,what consular handles this there in China-Biejing or Guangzhou?

[dnoblett]

OK,so let's say we go with the first option you mentioned (I-130 IR-5).......do we send I-130 and wait for response,or send I-30 and DS-230,or send everything at once?.Thing is,I'm under the impression that SO's parents have to send the DS-230 to the embassy there in China.......and,what consular handles this there in China-Biejing or Guangzhou?

You would send I-130 petition for each immigrant to USCIS, they process and a few months later approve and send to NVC, where you get involved and OPT-IN to E-Processing, this will reduce the process at that to a couple months, and then a month or so later they will schedule an interview.

 

I-130 filing procedure: http://www.visajourn...gration-parents

E-Process info: http://candleforlove...g-for-i-130cr1/ (same procedure for IR-5 as for IR-1 spouse) (DS-230 is handled by NVC in the USA you will email a scan of it to them when the time comes)

 

Guangzhou handles ALL Immigrant visas. Beijing only handles visitors visas.

[Am4wag]

We're going to have to change direction now towards a visitors' visa,as the trip down to Guangzhou is virtually impossible for them.Do we send the I-130 along with the I-864 and they in turn send visa application when NOA (for I-130 and I-864) is generated for us?

[dnoblett]

We're going to have to change direction now towards a visitors' visa,as the trip down to Guangzhou is virtually impossible for them.Do we send the I-130 along with the I-864 and they in turn send visa application when NOA (for I-130 and I-864) is generated for us?

You do nothing until they are in the states, filing an I-130 before they come to the states may get visit visa denied. (Adjustment approach is get visit visa arrive in the USA, spend several months, and then decide that want to stay in the USA, at which point Son/Daughter would file an (I-130, I-485, I-864, I-693, and perhaps I-765, and I-131) to adjust their status. They will interview, and there is always the outside chance that USCIS can deny adjustment citing misrepresentation and misuse of a visit visa with intent to immigrate.

 

If they can board a plane to come to the USA they can board a short flight to Guangzhou for an IR-5 immigrant visa interview.

 

If were me, I would do the correct thing and file an I-130 for each and wait the 7-9 months and have them interview in GUZ for an immigrant visa, you could even go over there and assist them on travel to GUZ. When I was over there for my wife's visa interview, there was a nice Chinese who did just that, she was a naturalized US citizen there assisting her mother who was interviewing for an IR-5 visa.

[Am4wag]

So,for a visit visa we DO NOT send I-130 first?They file for visit visa and that's it?BTW,father has a hard enough time walking in the house.I can see now it might be cited that there may have been an attempt to circumvent procedure.Not trying to do that at all.Only trying to effective legally,like we always have.

[dnoblett]

So,for a visit visa we DO NOT send I-130 first?They file for visit visa and that's it?BTW,father has a hard enough time walking in the house.I can see now it might be cited that there may have been an attempt to circumvent procedure.Not trying to do that at all.Only trying to effective legally,like we always have.

Yes a pending I-130 petition can derail a visit visa application.

 

However I have seen cases where a person got a visit visa while I-130 was pending and were visiting at the time that I-130 is approved, at which time they file an I-485 to adjust status, sometimes the case with a sibling or child of a green-card holder.

[Am4wag]

OK,does an I-864 from us need to accompany their visit visa application (sent to embassy in Beijing(?) ),if we go that route? Btw,thankyou very much for bearing with we here dnoblett,as I seem to be getting conflicting procedures thruoghout the web (or maybe my comprehension).I tend to think it's better to go the I-130,DS-230,I-864 route,but SO is worried about the trip to Guangzhou from Beijing (affects and parents) coupled with the ability of one or both of us to accompany them.

[dnoblett]

OK,does an I-864 from us need to accompany their visit visa application (sent to embassy in Beijing(?) ),if we go that route? Btw,thankyou very much for bearing with we here dnoblett,as I seem to be getting conflicting procedures thruoghout the web (or maybe my comprehension).I tend to think it's better to go the I-130,DS-230,I-864 route,but SO is worried about the trip to Guangzhou from Beijing (affects and parents) coupled with the ability of one or both of us to accompany them.

 

This is how the normal state side process for I-130 works, Beijing is not involved at any stage.

1. Petitioner mails an I-130 to USCIS office in the USA mail address changes SEE: http://www.uscis.gov...00045f3d6a1RCRD
   
2. I-130 is approved and UCIS sends it to NVC
   
3. NVC informs petitioner of assigned case number
   
4. Petitioner can email NVC with case number to opt in to eProcess,
   
5. I-864 is sent to NVC along with processing fee
   
6. Beneficiary sends Choice of agent to NVC designating petitioner to handle sending further papers toNVC
   
7. Beneficiary sends DS-230 along with other requested docs to NVC
   
8. Payment is made to NVC
   
9. NVC sends case to Guangzhou and schedules interview
   
10. Interview happens in Guangzhou (If opted for the quicker e-Process at NVC all docs that were scanned and emailed to NVC need to be brought to the consulate when interviewing.
    

Petitioner can travel to China and accompany beneficiary to the consulate in Guangzhou however cannot actually be in the interview, petitioner will wait outside the consulate.

[Inailit88]

OK,does an I-864 from us need to accompany their visit visa application (sent to embassy in Beijing(?) ),if we go that route? Btw,thankyou very much for bearing with we here dnoblett,as I seem to be getting conflicting procedures thruoghout the web (or maybe my comprehension).I tend to think it's better to go the I-130,DS-230,I-864 route,but SO is worried about the trip to Guangzhou from Beijing (affects and parents) coupled with the ability of one or both of us to accompany them.

 

This is how the normal state side process for I-130 works, Beijing is not involved at any stage.

1. Petitioner mails an I-130 to USCIS office in the USA mail address changes SEE: http://www.uscis.gov...00045f3d6a1RCRD
   
2. I-130 is approved and UCIS sends it to NVC
   
3. NVC informs petitioner of assigned case number
   
4. Petitioner can email NVC with case number to opt in to eProcess,
   
5. I-864 is sent to NVC along with processing fee
   
6. Beneficiary sends Choice of agent to NVC designating petitioner to handle sending further papers toNVC
   
7. Beneficiary sends DS-230 along with other requested docs to NVC
   
8. Payment is made to NVC
   
9. NVC sends case to Guangzhou and schedules interview
   
10. Interview happens in Guangzhou (If opted for the quicker e-Process at NVC all docs that were scanned and emailed to NVC need to be brought to the consulate when interviewing.
    

Petitioner can travel to China and accompany beneficiary to the consulate in Guangzhou however cannot actually be in the interview, petitioner will wait outside the consulate.

[Inailit88]

Hi dnoblett

I am actually going through the same process of getting my wife's parents to come over. My situation is as followed:

 

Their petitions have been approved and sent to nvc and I've received the emailed aos bill last week with the attached ds 3032 forms.

 

I haven't optin for eprocessing yet. But want to. At this point. What I have done is :

 

I have the in laws emailed nvc for the choice of agent ( about a week ago, no response except for the auto one) and I paid the aos fees online. Still waiting for the iv fees to be generated. When should I expect the iv fee to be generated from nvc? I am in the process of collecting document for the affidavit of support. Should I wait till nvc generate the iv fee ans pay it ans then send the aos ans iv application together or should I send aos first?

 

At this point. Can I still optin for eprocessing cos I still haven't sent anything yet except for paying thr aos fee and have them emailed the choice of agent. How long will it take for nvc to respond to the optin email and choice of agent email.

I really want to expedite this process so that they will come here at the end of this year. Thank you so much in advance for your advice

 

 

If you could point me in the right direction with their current situation. I will greatly appreciate your help. Please pm me if you need additional info. Thank you again.

 

 

Inailit.

[dnoblett]

OK,does an I-864 from us need to accompany their visit visa application (sent to embassy in Beijing(?) ),if we go that route? Btw,thankyou very much for bearing with we here dnoblett,as I seem to be getting conflicting procedures thruoghout the web (or maybe my comprehension).I tend to think it's better to go the I-130,DS-230,I-864 route,but SO is worried about the trip to Guangzhou from Beijing (affects and parents) coupled with the ability of one or both of us to accompany them.

 

I noticed one thing I-864 is not needed for a visit visa, it is only used to sponsor an immigrant as in IR-1, IR-2, IR-5 etc or when a non-immigrant like a K-1 is adjusting status, the I-864 is sent off with the status adjustment to support the K-1 adjusting to an immigrant, essentially the I-864 is used to sponsor a green-card.

 

In the case for a B-2 visit visa, the applicant can bring an I-134 from family back in the states to show how they will be supported while visiting the USA.