GC for mother

[gcbayarea]

Hi,

I read the last several months of threads before posting this. Awesome forum ! Thanks guys; esp the moderators. I have also attempted to contribute over the years...

Have a few questions regarding sponsoring my mother for a gc.

Our backgrounds
- My mother got a 10 yr multiple entry visitor visa 4 yrs back when I was on GC.
- She has been here several times and no overstay.
- I became a USC 1 year back
- After getting GC, she still would prefer to split her time between US and India (50-50)
- She is quite healthy.

Now, I see that there are 2 options for sponsoring her, 1 - Consular processing and 2 - AOS while visiting. I understand that Consular processing is the correct way to do it although AOS might also be tolerated by USCIS. I am fine with CP.

My questions are

1. For CP, Is the correct process as follows ? -> Apply for I-130 . When it gets approved, complete the affidavit of support and go for the interview ?

2. When does the medical exam need to be completed?

3. Her worldwide income is a couple of thousand dollars a year (India govt pension). Would she OWE any income tax in US (given that her annual income is less than $10k) ? I understand that she will undoubtedly have to FILE tax returns.

4. Can I claim her as a dependent on my tax return?

5. What are her options for health care/insurance? In her previous visits, she had taken visitors insurance and it was enough. But in a worst case scenario in future if she needs a lot of expensive medical care, what are her options? I mean will her earlier type of insurance still work once she becomes a gc holder? She is otherwise a very healthy person and women in her family have lived close to 100 yrs old with no major health concerns.

6. What is the CP timelines for India nowadays? The USCIS website says I-130 takes 5 months. How much will end to end process take?

7. Do I need to consider any other factors/angles before sponsoring her GC?

Thanks

 

[nkm-oct23]

1. For CP, Is the correct process as follows ? -> Apply for I-130 . When it gets approved, complete the affidavit of support and go for the interview ? Yes, FIle I-130 and indicate consular processing on the form. Then it will be sent to NVC which will request fees, affidavit of support and then forward it to a US consular mission for further action and interview.

2. When does the medical exam need to be completed? Before the interview

3. Her worldwide income is a couple of thousand dollars a year (India govt pension). Would she OWE any income tax in US (given that her annual income is less than $10k) ? I understand that she will undoubtedly have to FILE tax returns.No, with that level of income she will not owe any taxes in US. Does she pay taxes in India? If so, she can claim those as credit in her US return once she gets her green card.

4. Can I claim her as a dependent on my tax return?Yes but her income will also be added to your income, and taxed at a higher bracket.

5. What are her options for health care/insurance? In her previous visits, she had taken visitors insurance and it was enough. But in a worst case scenario in future if she needs a lot of expensive medical care, what are her options? I mean will her earlier type of insurance still work once she becomes a gc holder? She is otherwise a very healthy person and women in her family have lived close to 100 yrs old with no major health concerns.
It is almost impossible to obtain private insurance now, with the healthcare law there is a possibility of buying insurance at the state exchange begining 2014. Until then you will have to get some temporary insurance which usually covers only accidents and other non pre-existing conditions.

 

[BigJoe5]

Does SHE actually want to be an immigrant to the U.S. at this time?

Now may not be the best time for HER to become an LPR. You have been a USC for a year or so and she has not overstayed a B non-immigrant visit. These work in her favor to continue in that fashion until such time that SHE actually wants or needs to move in with you on a permanent basis.

 

[gcbayarea]

Thanks nkm-oct23

1. For CP, Is the correct process as follows ? -> Apply for I-130 . When it gets approved, complete the affidavit of support and go for the interview ? Yes, FIle I-130 and indicate consular processing on the form. Then it will be sent to NVC which will request fees, affidavit of support and then forward it to a US consular mission for further action and interview.
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[gcbayarea]

Does SHE actually want to be an immigrant to the U.S. at this time?

Now may not be the best time for HER to become an LPR. You have been a USC for a year or so and she has not overstayed a B non-immigrant visit. These work in her favor to continue in that fashion until such time that SHE actually wants or needs to move in with you on a permanent basis.

Thanks BigJoe5. Yes, she wants to immigrate to spend more time with us. With B2, there is the uncertainty of duration of visits, changes in laws etc. Did you have any opinions on the questions that I asked?