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I-130 for Spouse's Parents

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  • I-130 for Spouse's Parents

    Hello!

    Nearly five years after filing an I-129f, my wife is due to take her Oath of Allegiance later this month. It's long been a plan of ours to move her parents (citizens of Ukraine, but living and working legally in Czechia) to the US, and we have their I-130s and supporting docs ready to be submitted.

    Our plan was to submit the I-130s and just wait until they process so that my in-laws could have green card benefits upon arrival. But given processing times currently vary between 7.5-31.5 months depending on service center, we're wondering about the efficacy of bringing them as tourists (they have tourist visas that are valid for the next 6.5 months, although any individual visit can only last for six months) and applying for adjustment of status from the US.

    Our questions are:
    • Is there any way we can guess which processing center will be ours prior to applying? (we live near Boston)
    • Could we submit the I-130s on the day my wife takes her oath and later notify USCIS that they've (technically "temporarily") moved in with us sometime during the summer of 2021?
    • Would applying from the US affect processing time?
    • If my in-laws were to visit us and then apply for adjustment of status, what happens in the likely event that they overstay the 6-month period allowed by the tourist visa, without the adjustment of status being resolved?
    • Prior to receiving their green cards, what possibilities exist for issues like work authorization and health insurance?
    If any of you have insight you could provide, we would be very grateful. Thank you!

  • #2
    Bringing them to the US on tourist visas with the intent to immigrate constitutes immigration fraud. I recommend against doing so.
    Canadian on F-1 married to USC (SSM)
    Field office: Manhattan/NYC

    09/21/2019: Delivered to Chicago
    09/25/2019: Fees charged
    09/30/2019: Case received
    10/04/2019: Biometrics appt received
    10/15/2019: Fingerprints taken
    10/16/2019: Fingerprint review complete
    11/14/2019: Ready to be scheduled

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    • #3
      Thanks for your reply! We do not want to commit fraud. I'm wondering, though: under what circumstances does the following (from page 8 in form I-130) apply?

      "The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in:"

      Would it be if the beneficiary is in the US on a work/student visa, etc?

      Additionally, if they have immigration cases in process and they later visit as tourists, would that be considered fraudulent? Or would they not forfeit the right to visit just by having an open immigration case?

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