In-Law Visa?

I have searched to the US site regarding visas for parents, but it did not specify (without trying to sound silly) who qualifies as a parent.  Would my wife's mother be considered my parent (by marriage), thereby allowing me to get a visa for her?

Let me explain - my British wife (to be) and I are planning to move to the states within the next two years.  But, my wife also acts as the sole supporter/carer for her mother, who is 85% disabled.  Is there any foreseeable way we could bring her with us to the states?  And even if we could get her a visa, what would be our healthcare options for her (I am not sure if my work insurance would cover her, but I doubt it)?  If we can't sort this out, we would either have to put her mom in a home (not an option as far as we are concerned) or be forced to put our relocation plans on hold indefinitely.

Any advice?

I'd think your MIL would qualify as a parent. Someone on here may know the answer and I suspect this thread will get moved to the Repatriation section (since it's not a British visa question) where you will get a better response. But, if you don't get any replies, seek the advice of an American immigration lawyer sooner rather than later so you can make your plans accordingly.

My guess is that it is possible to bring her over if you can prove she's dependent upon you, but question is, how long will it take and can you do it at the same time your wife is applying for her visa...

Interesting question... hope to see some replies for you!

I don't know the answer about your question regarding your MIL; hopefully somebody here will be able to help you.

I did want to reiterate Balmerhon's suggestion to contact an American Immigration lawyer as soon as possible.

DCF (Direct Consular Filing w/ US Embassy in London) can take anywhere between 4-6 months on average, depending upon the case load and the circumstances of the individual petition.

The sooner you have the correct information, the sooner you can make a sound decision and plan accordingly.  With your MIL's special needs, this may be even more relevant.

We just reptriated in September; our case took almost exactly four months from the day we filed the petition, until the day we had our interview and were approved.

Good luck. 

And be aware that you cannot use DCF unless you (the US Citizen) have Indefinite Leave to remain in the UK.  They no longer accept applications from US citizens living in the UK who still have time restrictions on their stay. 

Check the U S Embassy website:  www.usembassy.org.uk

Let me see if I can remember correctly regarding healthcare. I used to work for a company dealing with benefits of union workers. If your MIL does come over, you would have to claim her as a dependent on your US taxes in order for her to be covered as a dependent under your medical insurance.

Just looked on the US Embassy website but couldn't find anything related to DCF.

Also, anyone know how I can find an American Immigration Lawyer, and approximately what doing all this would cost?

Hi Ed,

On the website, click Visa Services, then Immigrant Visas, and look through that section.  Unfortunately, there's a lot of information and it can be confusing.

I didn't use an immigration lawyer so I don't know how much they cost; hopefully somebody will be able to give you information on cost and where to locate a reputable one.

Good luck.

And be aware that you cannot use DCF unless you (the US Citizen) have Indefinite Leave to remain in the UK.  They no longer accept applications from US citizens living in the UK who still have time restrictions on their stay. 

And presumably this makes Americans feel safer.  Cripes.  Do Americans ever vote on these silly rules?  Or are they just dreamed up by some swivel-eyed paranoiac guvvie? 

And be aware that you cannot use DCF unless you (the US Citizen) have Indefinite Leave to remain in the UK.  They no longer accept applications from US citizens living in the UK who still have time restrictions on their stay. 

Check the U S Embassy website:  www.usembassy.org.uk

WTF?!  You mean they expect their own citizens to file tax returns (and possibly pay double tax if their income is high enough) on income they make abroad and yet deny them a service their monies fund??!!  That's so outrageous! 

And be aware that you cannot use DCF unless you (the US Citizen) have Indefinite Leave to remain in the UK. They no longer accept applications from US citizens living in the UK who still have time restrictions on their stay.

Check the U S Embassy website: www.usembassy.org.uk

I would like to know about this as well. I just checked the site and don't see any info on this? While we have my husband's visa from the US Embassy to move back to the US we were considering getting an extension.  If the above is now the case then I don't want to risk sending the current visa back and then they will send us instructions on how to get an extension (as they have stated). Our luck, they would send notice back saying "sorry, you don't have ILR" we can't help you now. (I have whatever the 2yr spouse visa is called I think FLR?).  This is concerning. Even more concerning for those folks who were thinking about begining the process in the near future.

Julie

http://www.usembassy.org.uk/cons_web/ins/i130filing.htm

Where do I file the petition? The U.S. Citizenship and Immigration Services at the U.S. Embassy in London accepts I-130 petitions from U.S. Citizens who reside in our jurisdiction. U.S. Citizens whose principal residence is not in our jurisdiction, and/or who have entered the United Kingdom as a temporary visitor/student/or with limited leave to enter and remain in the United Kingdom, must file the petition with the appropriate USCIS Service Center in the United States.

NB - Underlined emphasis added by me.  The bolded emphasis is part of the original cite.

Thanks Peedal.

I wonder when this change took place?  I guess I never noticed the wording (ILR vs. FLR).  Any idea when this happened?

Julie

Sometime this year - as has been gone over in other threads, there are a few people on here who had no problems applying through London with FLR/LLR - unfortunately, then someone did get refused (Emmy) and I think that's what made everyone realise it had happened.

Ok, well I should have done a check before my last question. I just looked at the link Peedal provided and at the bottom of the page the date is "Last Updated: 07/23/2004 9:57".  Even though I only have FLR I was still able to get my husband a spousal visa in September as were others on this site that may also have the FLR stamp and not the ILR stamp.

Maybe this quote does not apply to those married to a British citizen and actually living in the UK because if we truly live here then we are not within reach of using a Service Center in the US.  "U.S. Citizens whose principal residence is not in our jurisdiction, and/or who have entered the United Kingdom as a temporary visitor/student/or with limited leave to enter and remain in the United Kingdom, must file the petition with the appropriate USCIS Service Center in the United States.

Still murky but I don't think anyone shoud be alarmed since the quote above is 6 months old and plenty of folks have successfully received a spousal visa for the US.

Julie

Ok Peedal...looks like our messages crossed (didn't get "another post" occured) when I posted. I guess I missed the previous conversation on it. Don't know how....but I did.     Thanks.