nonina

I have just entered the us as an lpr. am waiting for my gc to arrive. what is the quickest way to get my spouse and my kids here? ages 12, and twins 21. kids from my 1st marriage..remarried 3 years ago. I am a british citizen and so is my hubby and kids.

Thank you in advance for your help.

Noorah101

How did you happen to enter the USA as an LPR? Who sponsored you, and why was there no way to include your spouse from the beginning?

You can file an I-130 for your husband and 12-year old. You can file an I-130 for each twin IF they are still unmarried, and IF they remain unmarried until they enter the USA.

According to the visa bulletin: http://travel.state.gov/visa/bulleti...etin_5337.html, Hubby and 12-year old will be in category F2A, backlog of about 4 years; twins will be in category F2B, backlog of about 8 years. If the twins get married, they lose the category. There is no category for married sons/daughters of LPR.

You will also need legal permission from the ex to bring your 12-year old over permanently.

Rene

meauxna

Why didn't they get PR with you?

nonina

I got my visa through my son IR and he could not file for his stepdad as relationship started after age 16. We thought it would be quicker to file for me then I file for my daughters. I saw a lawyer this a m and he advised me as you have above. He said there was no better way of doing this other than what we have done. Does anyone know whether my daughters can come on a student visa then I file for immigrant visa after expiry of student visa? or can i file I 130 while on student visa? I told him that it would be hard for me to be here without my 12 year old and he suggested a bring her on a visitor's visa not on VWP. Anybody else done this?

Thank you for your quick and useful replies.

meauxna

That is true, coming alone was your only option.

As for the rest, you can petition for the rest of your family now, and keep an eye on the visa bulletin dates.

About the children coming on visitor visas, that is something I have read lawyers discussing, but it is not a common topic on our discussion boards and there are some definite legal minefields there, so I would urge you to discuss your options with an attorney.

Noorah101

If they qualify for student visas, and can show enough funds for their entire student life (including tuition, books, and daily living expenses), then they can certainly try for a student visa. They might also have to prove non-immigrant intent, though, and having a mother who is an LPR might go against them.

You can't "bring" her on a visitor's visa (nor the VWP). She can come visit on the VWP if she's eligible...if she's not eligible for the VWP, she can apply for a tourist visa and come visit using that. But in no way, shape or form, should she come to the USA as a tourist with the intent to remain and adjust status to permanent resident. She wouldn't be able to do that anyway, since you're only an LPR and there is a 4-year or so backlog in her category. You don't want her staying illegally for 4 years in the USA, right?

Rene

nonina

thank you so much for your reply...I really appreciate it. His opinion was that as she is a minor and will still be a minor when I become a USC, she can adjust her status as misdemeanors do not accrue with time against minors. I am going to seek the opinion of another lawyer. He also told me that I cannot be out of the US for more than 6 months as I would likely have problems getting back in. Anybody had this experience? I thought 1 year was acceptable.

Thank you again for your input.

scrubbedexpat099

She is not going to get a visitors visa.

Student visa might work if you can afford the tuition.

nonina

Her dad has not seen her for long periods of time...the last one 1and a half years and does not provide any financial support. Do I still need his permission to bring her over?

crg

So your lawyer suggested that the child come as a visitor, overstay the period allowed, be illegally in the US, attend school illegally and then adjust when possible in a few years?

Have him put it in writing and then give it to ICE. He's committing a felony if he's giving that advice.

scrubbedexpat099

Probably

ian-mstm

Probably, yes. If he refuses to give written permission, you will need a court order to remove the child from UK jurisdiction.

Ian

Noorah101

Most likely, yes.

Rene

meauxna

He would not be the first or only to give that advice.
It seems to be one of those nod/wink practice deals.

(you know, like VWP AOS.)

Rete

Also advice that is not to be made public.