Reality or Perception?

[Zain.aziz]

My wife is a US citizen and after completing documentation she will be able to file my immigration process hopefully during first week of November. I want to know regarding if someone have immediate relatives in US like Son / Daughter so consulate usually do not provide visa or is it only perception? I am thinking to not start my immigration process until my mother gets Visit visa because once I am immigrant so they will not provide visa to mother. I will be required to stay in US till 2.5 or 3 years in order to get citizenship (if I am not wrong) then I will be able to apply for her immigration. The whole process takes number of years and I want my mother to visit me at least twice or thrice or whenever she feel like and specially during pregnancy of my wife. Please advise me with best possible solution.

[rayb]

Zain,

I believe your thinking about putting off obtaining immigrant status is somewhat flawed. While it is not uncommon for consulates to deny visitor visas to relatives of those who are already in the U.S., that is hardly a reason to postpone, for several years, your option for obtaining legal status in the U.S. Your lack of Green Card status puts a burden on your wife, causing an inability of her (and you) being able to begin a viable relationship with you being able to legally work, and to come and go from the U.S. without fear of being denied reentry.

--Ray B

My wife is a US citizen and after completing documentation she will be able to file my immigration process hopefully during first week of November. I want to know regarding if someone have immediate relatives in US like Son / Daughter so consulate usually do not provide visa or is it only perception? I am thinking to not start my immigration process until my mother gets Visit visa because once I am immigrant so they will not provide visa to mother. I will be required to stay in US till 2.5 or 3 years in order to get citizenship (if I am not wrong) then I will be able to apply for her immigration. The whole process takes number of years and I want my mother to visit me at least twice or thrice or whenever she feel like and specially during pregnancy of my wife. Please advise me with best possible solution.

[Zain.aziz]

Zain,

I believe your thinking about putting off obtaining immigrant status is somewhat flawed. While it is not uncommon for consulates to deny visitor visas to relatives of those who are already in the U.S., that is hardly a reason to postpone, for several years, your option for obtaining legal status in the U.S. Your lack of Green Card status puts a burden on your wife, causing an inability of her (and you) being able to begin a viable relationship with you being able to legally work, and to come and go from the U.S. without fear of being denied reentry.

--Ray B

Ray,

You have read whole situation. What will you suggest us then ?

Zain

[rayb]

Zain,

My advice is for you to proceed with immigrating to the U.S. Once in the U.S., encourage your mom to apply for a visitor visa. It is not an absolute certainty that she will be denied just because you are in the U.S.

Either way...once you have 2 years and 9 months Green Card status, with no exits exceeding 6 months, or at least half of that time in the U.S., you will be eligible to apply for U.S. Naturalization, after which you can petition your mom for immigrant status.

--Ray B

Ray,

You have read whole situation. What will you suggest us then ?

Zain

[Zain.aziz]

Zain,

My advice is for you to proceed with immigrating to the U.S. Once in the U.S., encourage your mom to apply for a visitor visa. It is not an absolute certainty that she will be denied just because you are in the U.S.

Either way...once you have 2 years and 9 months Green Card status, with no exits exceeding 6 months, or at least half of that time in the U.S., you will be eligible to apply for U.S. Naturalization, after which you can petition your mom for immigrant status.

--Ray B

Ray,

I have a question.

As discussed earlier, my wife will apply for immigration by starting of this November. I want to know if I apply visit visa on my own before she files my case so does it make any difference or negative impact? Actually in DS-160 form they ask if you are married or not, if I say I am unmarried and incase my visa got rejected then do you think they can raise question during immigration visa interview like you were actually married and mentioned in your previous application you are not… Do you think such things can create any problem or I can apply for visit visa normally either to mention I am married with US citizen or unmarried?

Seeking your advice accordingly.

Zain

[rayb]

If you complete the visitor visa application as "unmarried," you are creating potential for serious problems later on. If caught by a later reviewer, your misreporting of your marital status will be viewed as an attempt to circumvent full disclosure to gain a visa benefit, and could be interpreted as attempted visa fraud.

--Ray B

Ray,

I have a question.

As discussed earlier, my wife will apply for immigration by starting of this November. I want to know if I apply visit visa on my own before she files my case so does it make any difference or negative impact? Actually in DS-160 form they ask if you are married or not, if I say I am unmarried and incase my visa got rejected then do you think they can raise question during immigration visa interview like you were actually married and mentioned in your previous application you are not… Do you think such things can create any problem or I can apply for visit visa normally either to mention I am married with US citizen or unmarried?

Seeking your advice accordingly.

Zain