Can mother-in-law travel to the US on visitor visa after I-130 has been approved

[adnanusa]

Hi All,

My wife applied on July 2013 the "I-130" for her parents who are living over seas. A few days after she applied we found out that she is pregnant. My wife wants her mom to be in the US by the time she give birth so we have a few questions here:

1. Can my mother-in-law apply on a visitor visa after the I-130 has been approved (Assuming it gets approved within the next 6 months)?
2. My in-laws are planning to apply for I-485 via consular processing after the I-130 gets approved, I assume this process is going to take between 6 months to 1 year at least! Do you recommend that they initiate the I-485 process? Can they travel to the US during the process time?

Our priority right now is that my mother-in-law gets here during the child birth! And to answer your question, YES I like my mother-in-law, she is a really nice person

Thank you and looking forward for your responses!

 

[newacct]

1. Yes, in theory it's possible. But it will be very difficult.

2. You're confused. I-485 (adjustment of status) is only for people in the U.S. Consular processing will never use I-485. Consular processing is a separate process, and will eventually result in an immigrant visa, which becomes a green card immediately when they enter the U.S. The consulate will notify you and them about the forms that will need to be filled out during the process.

 

[dhlunar]

I take it the I-130 petition was on the grounds of parent of a US Citizen?

On the non-immigrant visa application it ask if the applicant (your mother-in-law) has any relatives in the US and what there status is. The application also ask if anyone has filed a petition for an immigrant visa on their behalf.

It is up to the applicant for a non-immigrant visa (visitor visa) to show they don't have immigrant intent, but having a relative in the US (who I assume is also a citizen) and having a petition already filed with USCIS both show immigrant-intent in their own. Therefore, if you mother-in-law was to apply for a visitor visa she would need to show enough proof to overcome the immigrant-intent.