Daughters-In-Law: Requesting Mother-In-Law's Uscis Status

To petition for a parent to live in the United States as a Green Card holder, one must be a U.S. citizen and at least 21 years old. A U.S. citizen can file Form I-130 for their son or daughter (married or over 21) and have them apply for a nonimmigrant K-4 visa. This allows them to live, work, or study in the U.S. while the visa petition is pending. However, this is only the first step in the immigration process, and preference relatives (like a married or over-21 child of a U.S. citizen) face annual quotas on the number of visas granted. This means that even with an approved I-130 form, they may have to wait years for a visa.

A daughter-in-law can file Form I-130 for their mother-in-law

A U.S. citizen who is at least 21 years old can file Form I-130, Petition for Alien Relative, for their mother-in-law. This form is the first step in helping an eligible relative apply for a Green Card and immigrate to the United States. It establishes a qualifying relationship between the petitioner and their relative. The form can be filed online or by mail, but certain requirements must be met for each method.

If filing online, the petitioner must create a USCIS online account and select whether the beneficiary will adjust their status in the United States or undergo consular processing outside the country. The filing fee of $675 is non-refundable, even if the petition is denied, and must be paid via check or credit card. It is important to note that Form I-130 does not automatically grant any immigration benefits or status.

If the daughter-in-law resides outside the United States, she may file at the USCIS Elgin Lockbox or online. If she is a U.S. citizen filing for an immediate relative, she may request to file at the U.S. Embassy or Consulate. Immediate relatives include a spouse, unmarried child under 21, or parent (if the citizen is 21 years old).

If the daughter-in-law resides in the United States, she must file at the Chicago, Dallas, Elgin, or Phoenix Lockbox, depending on her state and whether her relative is concurrently filing Form I-485. Form I-485, Application to Register Permanent Residence or Adjust Status, can be filed concurrently with Form I-130 if the relative is already in the United States.

It is crucial to provide proof of any name changes, such as a marriage certificate, divorce decree, or court judgment of name change. Additionally, if the daughter-in-law is filing for multiple family members, a separate Form I-130 must be submitted for each individual.

The mother-in-law must be a Green Card holder

To petition for a mother-in-law to live in the United States as a Green Card holder, one must be a US citizen and at least 21 years old. Permanent residents or Green Card holders cannot petition to bring their parents to live with them in the United States.

If the daughter-in-law is a US citizen, she can petition for her mother-in-law to live in the United States as a Green Card holder. The first step is to file Form I-130, which is a petition for an alien relative. If the mother-in-law is outside the United States, the daughter-in-law will need to apply for a mother-in-law green card by filing Form DS-260 with the National Visa Center. The National Visa Center will then transfer the case to the US Embassy or Consulate closest to the mother-in-law's place of residence, which will process the immigrant visa application. If the mother-in-law is in the United States, the daughter-in-law will need to file Form I-485, Application for Adjustment of Status, with all required evidence.

Regardless of whether the mother-in-law will go through the adjustment of status process or the consular process, a valid Form I-864, Affidavit of Support, must be filed with the application. This form demonstrates that the sponsor has the financial means to support their relative and that the relative will not become a public charge. The sponsor must meet certain minimum income requirements, and if their income is not high enough, they may use a joint sponsor to help with the application. The joint sponsor does not need to be a relative, but they must meet the minimum income requirements and be a US citizen or permanent resident.

It is important to note that the daughter-in-law will be financially responsible for her mother-in-law until she becomes a US citizen or has worked for 40 qualifying quarters, which is approximately ten years of full-time employment as a permanent resident.

The daughter-in-law must be a US citizen and over 21

For a daughter-in-law to request a mother-in-law to live in the United States as a permanent resident, the daughter-in-law must be a US citizen and over 21 years old. This is a requirement for sponsoring a family member for US lawful permanent residence.

The daughter-in-law must file Form I-130, Petition for Alien Relative, which is the first step in the immigration process. This form collects information about the petitioner and the adult child they wish to sponsor for US immigration. The petitioner must be a US citizen and provide their Social Security Number, full name, and any other names they have been commonly known by, such as a maiden name. If the daughter-in-law has previously been a lawful permanent resident with an Alien Registration Number, this can be left blank.

Once Form I-130 is approved, the mother-in-law is eligible to apply for a nonimmigrant K-4 visa. This allows her to come to the United States to live and work or go to school while the visa petition is pending. However, it is not a requirement, and she may wait abroad for immigrant visa processing.

It is important to note that the daughter-in-law's mother-in-law will be considered a "preference relative," unlike immediate relatives like a spouse or unmarried child under 21, who are given priority. This means that there are annual quotas on the number of visas (green cards) available, and the mother-in-law may have to wait several years for a visa to become available, depending on the Priority Date of the I-130 form receipt.

The mother-in-law must provide proof of legal parentage

For a mother-in-law to be eligible to live in the United States as a Green Card holder, her daughter-in-law must be a U.S. citizen and at least 21 years old. The daughter-in-law can then file a Petition for Alien Relative (Form I-130) on behalf of her mother-in-law.

In the case of a non-genetic gestational mother, she must be recognized by the relevant jurisdiction as the child's legal parent at the time of the child's birth. This could include cases of Assisted Reproductive Technology (ART) or adoption. If the mother-in-law's name has changed, additional documentation, such as a marriage certificate, divorce decree, or court judgment of name change, may be required.

It is important to note that if the mother-in-law is currently in the United States, she may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with Form I-130 filed by the daughter-in-law.

The daughter-in-law must provide proof of a parent-child relationship

A daughter-in-law can request a mother-in-law to live in the United States as a Green Card holder. However, to do so, she must be a U.S. citizen and at least 21 years old. Permanent residents are not eligible to make this request. The daughter-in-law must also provide proof of a parent-child relationship.

A birth certificate is usually considered sufficient evidence of a parent-child relationship. This birth certificate must have been registered shortly after the child's birth and include the child's date and place of birth, the names of the mother and child (matching their names on other official documents), and evidence of issuance by the appropriate government authority of the child's country of birth. In some cases, a birth certificate may not be available or acceptable. For instance, if a family is from Somalia, their birth records may have been destroyed during the country's civil war.

If a birth certificate is not available, other options for proving a parent-child relationship include:

• Receipts of money orders sent to the child
• Insurance records naming the child as a beneficiary
• Letters exchanged between parent and child
• Affidavits from people who know about the relationship, such as friends or school officials
• Evidence of legitimation before the child turned 18 or evidence of a personal relationship before the child turned 21
• DNA test from a laboratory accredited by the AABB

Frequently asked questions