Children Sponsoring Parents for Green Card

M

muralikavi

New Member
I am US Citizen (from March 2001) and so are my Daughter ( Citizen from Jan 2004) in Chicago and Son Citizen from Aug 2003) in San Francisco. All of us are naturalized citizens, having emigrated from India. My son and daughter working comfortably in USA. I worked for few years in USA and now I get Social Security Pension Benefit

My wife – Indian Citizen- also had Green Card. But she could not settle down in US and had to make yearly trips to US to keep the Green Card alive. However, due to reasons attributed to her family, she surrendered her expired Green Card (expired in 2004) in US Consulate in Hyderabad (India) in April 2009 and immediately obtained a 10 Year Visit Visa to USA. From then on, she is visiting USA on her Visit Visa

I will be settling down in Chicago (suburb) with Senior Assisted Living and would like my wife to get her Green Card again so that we could stay near our children in USA.
Is it possible to petition for her Green Card? Can I (with less than $20K annual income plus savings of $40K) apply for her? Or should my children apply for her? Which is a better option ? I can get some financial assistance about $12K every year from my children for our living. Since my wife had already surrendered her Green Card in 2009, will this be a factor for rejecting her application now?
If she visits US on Visit visa and thereafter if I or my children petition for her Green Card, can my wife stay back in US with her visit visa, pending the application ? Will there be problems on this account.
What are the forms required for submission for petitioning for her Green Card afresh?

Please advice
 
I am US Citizen (from March 2001) and so are my Daughter ( Citizen from Jan 2004) in Chicago and Son Citizen from Aug 2003) in San Francisco. All of us are naturalized citizens, having emigrated from India. My son and daughter working comfortably in USA. I worked for few years in USA and now I get Social Security Pension Benefit

My wife – Indian Citizen- also had Green Card. But she could not settle down in US and had to make yearly trips to US to keep the Green Card alive. However, due to reasons attributed to her family, she surrendered her expired Green Card (expired in 2004) in US Consulate in Hyderabad (India) in April 2009 and immediately obtained a 10 Year Visit Visa to USA. From then on, she is visiting USA on her Visit Visa

I will be settling down in Chicago (suburb) with Senior Assisted Living and would like my wife to get her Green Card again so that we could stay near our children in USA.
Is it possible to petition for her Green Card? Can I (with less than $20K annual income plus savings of $40K) apply for her? Or should my children apply for her? Which is a better option ? I can get some financial assistance about $12K every year from my children for our living. Since my wife had already surrendered her Green Card in 2009, will this be a factor for rejecting her application now?
If she visits US on Visit visa and thereafter if I or my children petition for her Green Card, can my wife stay back in US with her visit visa, pending the application ? Will there be problems on this account.
What are the forms required for submission for petitioning for her Green Card afresh?

Please advice
 
Either you or one of your children could petition for her. There is not that much difference. If you did it, you would have to provide evidence of bona fide marriage, whereas for your children they just need to prove they are her child, which is easier. Also, if you do it, you would need to be a sponsor, and $20K might be barely enough for a household of 2, and assets will help a little; if it is not sufficient, you may need a joint sponsor (probably one of your children). If one of your children did it, then they would need to be a sponsor.

For her to enter the U.S. on a tourist visa, she must have no preconceived intent to stay in the U.S. and apply to immigrate while here. So if all of you have these plans thought out ahead of time that she would come on a tourist visa and she would apply for a green card while here, that would be visa fraud. If, on the other hand, she comes here for a visit, without intention to stay, and then while here, she sees your in your condition or something like that and changes her mind and decides that she doesn't want to leave your side anymore, then she can adjust status in the U.S. She just has to make sure not to lie about her intentions or anything else to the border officer.

If she applies from outside the U.S., the petitioner (either you or one of the children) files I-130, and then once that's approved she goes through consular processing at the U.S. consulate in her country. This takes maybe a year. If she applies from inside the U.S., the forms I-130, I-485, and also recommended I-765 and I-131 are all filed together. There are many guides about these processes on the Internet.
 
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