What is the most logical way?

[dhlunar]

I am asking for people to submit their opinion based on their personal knowledge of how we should proceed in the following situation.

My wife is from eastern Europe and wants to file for immigrant status for her parents. My wife is currently a GC holder and will be eligible to file her N-400 in early December for an early March, 2013 citizenship eligibility date. She wishes to start the process shortly after she gets her citizenship. My recommendation is for her to do the CP route instead of AOS. My reasoning is yes, CP might take longer (a co-worker said for him to petition his wife via CP it took about a year all together including the State Department part), however, CP cost less then AOS not only in government fees but in the ability to make money while waiting for the case to be processed overseas. Plus while the case is processing her parents would be able to settle things at home in order to move to the US.

My wife's argument is that she thinks her parents are not going to live the year while the case is processing. She wants them to sit here in the US and do AOS. I explained to my wife that they would need to get visitor visas to the US and demonstrate both at the embassy and at the port of entry that they don't show immigrant intent. I pointed out that a one-way ticket is one thing that would look very negative on trying to overcome immigrant intent, so her parents would have to buy round-trip tickets which would be a big waste of money if they aren't using the return. I gave her extreme cases that if her parents had visitor visas and appeared at a POE with immigrant intent then their I-94 could be marked "NO AOS" or even denied entry to the US for that particular trip or even an extended period of time.

 

[Jackolantern]

Have their parents ever visited the US (legally) in recent years, and left without overstaying?

If not, their visa probably won't be approved anyway with an LPR or USC daughter in the US (close relatives living in the US have to be listed on the visa application). So let them go ahead and apply for the visa ... after it's rejected the argument with your wife will be resolved, as they'll have no choice but to pursue CP.

And if she doesn't need your income or assets to meet the financial requirements of the Affidavit of Support, you won't need to be involved in their immigration process so you can stay out of it and let her and her parents do whatever they want.

 

[dhlunar]

Have their parents ever visited the US (legally) in recent years, and left without overstaying?

If not, their visa probably won't be approved anyway with an LPR or USC daughter in the US (close relatives living in the US have to be listed on the visa application). So let them go ahead and apply for the visa ... after it's rejected the argument with your wife will be resolved, as they'll have no choice but to pursue CP.

Her parents came twice within the last four years on valid B1/B2 visas and left within six weeks after arriving on each visit. The last two times her parents got their US visitor visas when they where visiting other family members in Canada. I believe that is the route that my wife would continue to have them take since the visa denial rate is around 40% in their home country. Doesn't the burden to overcome immigrant intent for a B1/B2 increase if the embassy knew they had a daughter who is a LPR or USC?

And if she doesn't need your income or assets to meet the financial requirements of the Affidavit of Support, you won't need to be involved in their immigration process so you can stay out of it and let her and her parents do whatever they want.

Yes, my wife income alone would be enough to meet the financial requirements of the Affidavit of Support.