B1/B2 for parents while uncle filed mom's I-130 last year – impact on visa? HELP!!

T

tatakae0811

New Member
My recently retired parents and my brother together have their US tourist visa interview in February 2026 at the Mumbai consulate. They just want to visit me and my fiancé for a few weeks (love marriage, both on H1B in the US).

Here’s the complication:
My mom’s brother has been in the US for ~20 years. Last year, he filed an I-130 immigrant petition for my mom without really discussing it with us in detail. We recently found out about it, and now I’ve realized I have to update her DS-160 to answer “Yes” to the question: “Has anyone ever filed an immigrant petition on your behalf?”

In reality, my parents do not have plans to move to the US. They are both retired, have two houses in India, and my elder brother is settled in India as well. Their life is there – they just want to come visit us, meet my fiancé, and then go back.

My questions:

  • Has anyone seen similar cases where a parent had an I-130 filed recently by a sibling but still got a tourist visa approved?
  • Any tips on how my mom should explain this at the interview? (Something like “My brother filed it with good intentions, but we don’t plan to immigrate”?)
Would highly appreciate any real experiences or guidance. I’m very anxious about this and really want them to be able to visit.

Thank you
 
From my own experience (F3 married child of USC petition) - I renewed, and my spouse & kids (named derivatives) got new b visas, all 10 years, no problem. Factors in your favor include that these are not immediate relative visas and far from current, so your parents cannot just decide to adjust status on a visit. Your parents as always will need to show ties to home country and why/that they will return after a b visit. If they absolutely don’t want to immigrate they can mention that, but I have heard of a case where the person saying that has been asked if they are ok with abandoning the petition and I personally think it’s always wise to keep all options open. If the petition was just filed it’ll only be current in something like 20 years time anyway.
 
SusieQQQ said:
From my own experience (F3 married child of USC petition) - I renewed, and my spouse & kids (named derivatives) got new b visas, all 10 years, no problem. Factors in your favor include that these are not immediate relative visas and far from current, so your parents cannot just decide to adjust status on a visit. Your parents as always will need to show ties to home country and why/that they will return after a b visit. If they absolutely don’t want to immigrate they can mention that, but I have heard of a case where the person saying that has been asked if they are ok with abandoning the petition and I personally think it’s always wise to keep all options open. If the petition was just filed it’ll only be current in something like 20 years time anyway.
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Hey thanks for sharing your experience! One question- when you said abandoning the petition- should I make my uncle withdraw the petition itself (it takes 3-4 months but the interview is in feb) or is it something the visa officers ask in the interview? Our priority is just to get the visa, my mom is 55 she doesn't want to move at all
 
tatakae0811 said:
Hey thanks for sharing your experience! One question- when you said abandoning the petition- should I make my uncle withdraw the petition itself (it takes 3-4 months but the interview is in feb) or is it something the visa officers ask in the interview? Our priority is just to get the visa, my mom is 55 she doesn't want to move at all
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I can’t answer what you “should make” your uncle do.
I don’t see that a just-filed F4 petition would have an impact on your parents application.
 
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