I am a US born citizen. I married my foreign born wife in 2013 on a K-1 visa. My wife became a conditional resident in 2015. We will be filing her I751 in 2017. We plan to file the I400 Naturalization paperwork in 2018. Her mother received a five year B2 visa in 2013 valid for multiple entries through 2018. She has visited 3 times to date. On her first trip, she stayed for 2 weeks. On her second and third trips, she stayed for 5 months each. We have interest in filing an I130 for her mother once my wife become a US citizen. Is there an issue if her mother continues to visit us on the B2 visa as long as her visa is valid? Should we be concerned how long she stays as long as she does not overstay her I94?
Generally, a U.S. citizen (whether by birth or through naturalization) may sponsor a parent who entered the U.S. lawfully and with inspection, to become a Lawful Permanent Resident (to get a "Green Card") by concurrently filing I-130 and I-485 application. If the foreign national parent entered the U.S. with a visitor's visa, be aware that that this type of visa requires "nonimmigrant intent," i.e. an intention to enter the U.S. to visit temporarily and then to depart; it would be impermissible, and could be viewed as constituting visa fraud, for someone to enter the U.S. with a visitor's visa while intended to apply to become a Permanent Resident. Of course, a foreign national legitimately could enter the U.S. intending to stay temporarily, and then change his/her mind and decide to apply to remain permanently, and filing an adjustment of status application package more than sixty days following entry can help establish that an entry legitimately was made with nonimmigrant intent and that the foreign national later changed his/her mind. "Consular processing" from abroad is an alternative to this approach. There are many other issues that can have an impact upon eligibility, and this includes any perceived misuse of a prior visa, although in answer to your question the I-94 defines the period of time a person is authorized to remain in the U.S. during each visit. It would be wise for your family to consult with an immigration attorney not only in connection with immigration considerations for your wife's mother, but also in connection with the upcoming I-175 and N-400 application processes. Failure to properly prepare and fully document those applications can lead to very significant delays (or even more harsh consequences).
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