My Parents are planning to come to the US with a R1 visa. They don't know if they need to be here first and then get the visa changed (they have a tourist visa now).
Before they come I want to know if I can summit the I-130 form while they have the R-1 visa. Or will it affect my petition the fact that they have an R-1 visa?
I hope is not too confusing. Ask me if you have any questions.
Thanks for all the help.
The issue is whether your parents intent to temporarily stay or plan to immigrate. If they plan to immigrant, then a form I-360 should be filed by the petitioning religious organization. If they have a child who is a U.S. Citizen in the U.S.,then the consular official reviewing the R-1 and R-2 visa petition may be a bit more strict.
Since most attorneys don't claim to have extra sensory perception, we cannot determine what a consular official will be satisfied with as a matter of discretion. What we do encourage clients to do is not to lie.
The above is general information, not legal advice, and does not create an attorney-client relationship.