Cameron Miranda
If you are a US citizen, you can petition for your mother-in-law to live in the United States as a Green Card holder. You must be at least 21 years old and demonstrate an income level of at least 125% above the FPL. If your mother-in-law is outside the US, she will need to apply for a B-2 nonimmigrant tourist visa at the US embassy or consulate in her country of residence. She may need to prove nonimmigrant intent and that she has employment, land, or family to return to after her visit. If your mother-in-law is already in the US, she may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status. However, if she intends to help care for a family member, she could be seen as coming to work in the US, and her visa may be denied.
| Characteristics | Values |
|---|---|
| Visa type | B-2 nonimmigrant tourist visa |
| Visa application | DS-160 |
| Visa application requirements | Proof of employment/land/family, photograph |
| Visa interview location | U.S. Embassy or consulate in the country where she lives |
| Visa processing location | Local U.S. consulate |
| Visa validity | Temporary |
| Visa appeal | Possible, details provided in denial letter |
| Visa sponsorship requirements | U.S. citizenship, age 21 or above, income 125% above FPL, birth certificate, passport/citizenship proof, marriage certificate, proof of relationship, payment of fees |
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What You'll Learn
Apply for a B2 Visa (Tourist Visa)
To bring your mother-in-law to the United States, she will need to apply for a B-2 nonimmigrant tourist visa in the country where she lives. Here are the steps she will need to follow:
Step 1: Complete the Online DS-160 Form
Your mother-in-law will need to complete the online DS-160 form, which is the nonimmigrant visa application form. She should answer the questions to the best of her ability and review the information on the Department of State's website for additional tips and information on photo specifications. She will need to upload a photo that meets the requirements while completing the form.
Step 2: Pay the Application Fee and Schedule an Interview
After completing the DS-160 form, your mother-in-law should go to the official website to pay the MRV application fee and schedule an interview. The current government filing fee for a B-2 visa is $185, but there may be additional costs for gathering documents, evidence, and acquiring passport photos. It is important to note that the wait time for a B-2 visa interview can vary from 7 days to more than 2 years, depending on the city where she applies.
Step 3: Gather Required Documents
Before the interview, your mother-in-law should gather the required documents. This includes a passport that is valid for at least six months beyond her intended period of stay in the United States. If she has any name changes, she should also include proof of the legal name change, such as a marriage certificate or court judgment of name change.
Step 4: Attend the Interview
Your mother-in-law will need to attend the interview at the U.S. embassy or consulate. It is important to bring the printed DS-160 confirmation page that matches the number on her online appointment account. During the interview, a consular officer may ask about her reasons for visiting, financial situation, and ties to her home country. They may also inquire about her specific plans in the U.S., including where she intends to stay and for how long.
It is worth noting that if your spouse is a U.S. citizen, they can sponsor your mother-in-law as an immediate relative, which simplifies the process and allows for faster processing. Additionally, as a U.S. citizen yourself, it is recommended that you write a letter of invitation to support her visa application.
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Prove non-immigrant intent
To prove non-immigrant intent, your mother-in-law will need to apply for a B-2 visitor visa, also known as a tourist visa. This visa allows visitors to enter the US for a maximum of six months. If your relative wishes to stay longer, they will need to apply for an extension, with no specified limit on the number of extensions allowed.
The B-2 visa is a non-immigrant visa, meaning that your mother-in-law will need to prove that she intends to return to her home country after her visit. The most common reason for B-2 visa applications to be denied is a lack of evidence of strong ties to the visitor's home country. Therefore, your mother-in-law should provide evidence of her intention to return home, such as proof of property ownership, employment, or other binding commitments in her home country.
Additionally, she will need to provide supporting documents that establish her relationship with her sponsor in the US. These documents may include birth certificates, marriage certificates, or other relevant records. It is also recommended to provide proof that the sponsor can financially support their relative during their stay in the US.
It is important to note that visitors with a B-2 visa are not permitted to work in the US during their visit. If your mother-in-law wishes to work during her stay, she will need to explore other visa options or obtain proper work authorization.
If your mother-in-law is already in the United States on a visitor visa and you decide you want her to stay permanently, you may file for an adjustment of status by submitting Form I-485. This allows your relative to remain in the US while their application is being processed.
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Meet income requirements
To bring your mother-in-law to the United States, she will need to apply for a visa. If you are a US citizen, you can petition for your mother-in-law to live in the United States as a Green Card holder, but you must be at least 21 years old to do so. If your mother-in-law is visiting, she will need to apply for a B-2 nonimmigrant tourist visa.
If you are sponsoring your mother-in-law for a US marriage visa, there are income requirements that you must meet. The sponsoring spouse must meet at least 125% of the Federal Poverty Guidelines for their household size, including the immigrant spouse. Household size includes the sponsor, their dependents, any relatives living in the household, and the immigrant spouse being sponsored. If the sponsor does not meet the income threshold, a joint sponsor may be used, but they must also meet the full income requirement independently. Only income that will continue after moving to the United States and is earned from lawful sources is typically considered. Certain assets can be used to make up for an income shortfall, but they must be easily convertible to cash within one year. Active-duty military members sponsoring a spouse need to meet only 100% of the Federal Poverty Guidelines.
If your mother-in-law is applying for a B-2 nonimmigrant tourist visa, she will need to provide proof of employment, land, or family ties in her home country that will ''draw her back' at the end of her visit. This is to prove ''nonimmigrant intent', which can be difficult to prove in this situation. If the US consulate does not believe that your mother-in-law intends to visit temporarily, they will not issue her the visa.
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Write a letter of invitation
To bring your mother-in-law to the United States, she will need to apply for a B-2 nonimmigrant tourist visa. As a US citizen, you can write a letter of invitation to support her visa application. This letter should be addressed to the consular officer and include the following:
- Your full name, address, and contact information.
- Confirmation that you are a US citizen or lawful permanent resident.
- Your relationship with your mother-in-law and the purpose of her visit.
- The duration of her stay and the exact travel dates.
- Proof of residence, such as homeownership or a rental agreement.
- Financial support confirmation, including coverage of her expenses during her stay.
- Assurance that your mother-in-law intends to return to her home country after her visit.
> My name is [Your Name], residing at [Your Address], and I am a United States citizen. I am writing this letter to invite my mother-in-law, [Mother-in-Law's Name], to visit me in the United States. We have a close relationship, and I am excited to host her in my home from [Date of Entry] to [Date of Exit]. I would like to assure you that I have sufficient space in my home to accommodate her comfortably.
>
> During her stay, I will be covering all her expenses, including accommodation, food, transportation, and any other personal expenses. I understand the importance of adhering to visa regulations, and I confirm that my mother-in-law intends to return to her home country after her visit. I have enclosed all the required documents to support her visa application.
>
> Thank you for your kind consideration of this request. Please do not hesitate to contact me if you require any additional information.
Please note that the letter of invitation does not guarantee visa approval, and your mother-in-law will still need to fulfil all the other US visa requirements. It is also recommended to provide accurate information in the letter to avoid any discrepancies that may impact her application.
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Complete visa interview
To bring your mother-in-law to the United States, she will need to apply for a B-2 nonimmigrant tourist visa in her home country. This can be done at the U.S. consulate or embassy in her country.
Now, here is some information on how to complete the visa interview.
Before the Interview
First, you must complete the DS-160 form online and pay the Machine Readable Visa (MRV) application fee. Then, schedule your interview appointment at the U.S. consulate or embassy in your country.
Before the interview, prepare by gathering all relevant supporting documentation. It is also a good idea to contact any friends or relatives in the U.S. in advance and ask for their information, such as how long they have been living in the U.S., their addresses, and their occupation. If you are staying at a hotel, have the booking information ready, and be prepared to explain why you chose that hotel. If you are staying with friends or relatives, bring their invitation letter and be ready to describe your relationship with them.
During the Interview
The interview will be conducted by a consular officer and will consist of a range of questions about your application and your proposed stay in the U.S. The officer will likely start with some small talk or simple questions to make you feel more comfortable. They may ask about the weather, the rush hour in the morning, or the long queue at the embassy. Answer these initial questions in two to three sentences, clearly explaining the reasons behind your travel.
After this warm-up, the officer will ask more detailed questions. Be prepared to confirm your name, identity, and contact details. You may also be asked:
- When do you plan to travel to the U.S.? Why at that time?
- Who will be travelling with you? If not, why are you travelling alone?
- Do you have any relations in the U.S.? Please give details.
- Do you have any children? If so, how many? How old are they and where do they live?
- Have you already bought travel tickets? Are these return tickets?
- How long do you plan to stay in the U.S.? Why do you want to travel at this particular time?
- Do you intend to remain in the U.S. indefinitely?
- What is your accommodation during your stay?
Remember, the purpose of the interview is to validate the information in your application and ensure you satisfy the eligibility criteria for the visa.
After the Interview
If you are denied a visa, ask the officer for a list of documents they would suggest you bring to overcome the refusal, and try to get the reason for the denial in writing.
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Frequently asked questions
Your mother-in-law will need to apply for a B-2 nonimmigrant tourist visa in Mexico. She can do this by filling out a DS-160 and submitting a photograph of herself. After submitting the application, she will receive a notice for an interview at the U.S. Embassy.
Only US citizens can apply for a Green Card for their parents. To petition for your mother-in-law to live in the US as a permanent resident, you must be a US citizen and at least 21 years old. You will also need to demonstrate that you have sufficient income to be your mother-in-law's financial sponsor.
If your mother-in-law is already in the US, she may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status. She can also apply for employment and travel authorization while her case is pending using Form I-765 and Form I-131, respectively.
Your mother-in-law may seek a regular B-2 visa to stay with your family during this time. However, caution is advised as visiting to help care for your wife could be seen as "work" in the US, and she could be denied entry on those grounds.
You will need to attach a copy of your birth certificate, your mother-in-law's birth certificate, and her marriage certificate (if married). You will also need to provide a copy of your US passport or proof of US citizenship status and evidence of your relationship with your mother-in-law, such as a birth certificate.
