Who Should File I-130 for my Mother ?

T

traveling_solid

Banned
Myself, my dad and my sister are hold US citizenship for some time now. My mom was an LPR but due to her job in India she couldnt maintain the LPR status as she was not able to return to America after a year since she left and she hadnt gotten a re-entry permit at that time. Later we got mom a 15 year valid visiting visa (or 10 year validity visiting visa, I am not sure) which enititles her for multiple entry provided that she does not exceed 180 days in america. The visa was issued in 1996 after which she had 2 trips of which on the second she got her extension of her visitor status approved and stayed for another 2 months (8 months in total on that trip). For the past 11 years my dad (he is naturalized) is residing in India he files taxes in america promptly (every year). He has secured a OCI, and prior to that a 10 years multiple entry Visa issued by the Indian consulate. He has property in his name in India and is also collecting pension from the job he had with the Airforce before migrating to America back in 1980ies as an LPR.

My question is

_______________________________________________________________

1) What is the fastest way for my mom become an LPR.
-we know we have to file an I-130 , but who should petition for her i-130 ?
(my, sis and dad are all eligible to petition her i-130, out of these 3 whose petition will be the fastest).


2)Can my dad or myself file in a DCF manner (without making appointment, walking in) in New Delhi and get it adjudicated?


3) What time frame and turn around time are we looking at here in these scenarios ? from actual petitioning i-130 to her becoming an LPR.
_________________________________________________________________
 
Last edited by a moderator:
What do you mean "overstayed with permission"? If she got an extension of her visitor status approved, that is not an overstay.
 
Jackolantern said:
What do you mean "overstayed with permission"? If she got an extension of her visitor status approved, that is not an overstay.
Click to expand...

this happened a couple of years go, i might have chose the wrong way to put it, let me rephrase and correct myself. she got extension of her visitor status approved
 
Last edited by a moderator:
Myself and my sister are living and working here (Affiavit of support wouldnt be a problem) we got the citizensp in 2004, 2006 and my dad in1996 (does the longivity matter ?). My dad hasnt abandoned his residency either (i do not know if he does not need a co signer for financial support if he is to file the petition for mom). Even though he is spending so all the time in india, he is technically an American citizen , he collects pension (retirement benefits),has his health insurence, files taxes every year, has bank accounts, property and mortgages in here. In india he has property, accounts and pension from his job he had as research scientist with the Airforce before migrating to america.

again my question is , as we want mom to get a green card fast

who should file ?

Dad ? (should he file here or can he go for DCF)
me or sis ( here or can we go for a DCF)

Please advice
 
Since your father is not physically present in the US, you or your sister should file. It will take less than a year. Since she is in India, she will need consular processing. There is no way for her to immediately become a LPR. There are many people in similar situations patiently waiting for paperwork processing; there iis no way to expedite it; she must wait her turn.

You mother must make the US her permanent residence; she should noit expect to reside primarily in India as your father is. If this is her intent, why do you want to file for her?

Remember, you will be responsible for providing her support and medical insurance. Until she has had her GC for 5 years, she does not qualify to buy into Medicare or use Medicaid. If it is your intent to bring her to the US because of medical problems, you need to rethink this plan.
 
my mom's health is fine.
can my dad file for mom in a DCF fasion ?
it would be better if mom gets a LPR, as mom and dad might relocate to USA
 
"Might" relocate to the USA? If she doesn't relocate, she'll also lose the next green card.

Contact the consulate in India about whether they'll accept DCF for your parents' situation.
 
Remember that the affidavit of support must be filed. You need to see who qualifies and check the residency requirements for your father if he is to be the sponsor.
 
Concerned4us said:
Since your father is not physically present in the US, you or your sister should file. It will take less than a year. Since she is in India, she will need consular processing. There is no way for her to immediately become a LPR. There are many people in similar situations patiently waiting for paperwork processing; there iis no way to expedite it; she must wait her turn.

You mother must make the US her permanent residence; she should noit expect to reside primarily in India as your father is. If this is her intent, why do you want to file for her?

Remember, you will be responsible for providing her support and medical insurance. Until she has had her GC for 5 years, she does not qualify to buy into Medicare or use Medicaid. If it is your intent to bring her to the US because of medical problems, you need to rethink this plan.
Click to expand...


Wow!!! Stay classy...:rolleyes:
 
You must log in or register to reply here.
Top