Immigration of son
Mar 6th 2007, 8:55 pm
#1
Guest
Posts: n/a
Immigration of son
I am a U.S citizen and my wife is a permanent resident. We wish to
begin Immigration for her son of 13 years. The problem is: We wish for
the him to complete high school in his country as he is in a very good
school, during this time we wish for him to come to the U.S. for
vacations etc. We believe that if we ask for a B1-B2 visitor's visa he
will be declined because his mother is a permanent resident. And if we
begin the Immigration process he will be required to live in the U.S.
for at least 6 months per year.
What are our options on this matter
begin Immigration for her son of 13 years. The problem is: We wish for
the him to complete high school in his country as he is in a very good
school, during this time we wish for him to come to the U.S. for
vacations etc. We believe that if we ask for a B1-B2 visitor's visa he
will be declined because his mother is a permanent resident. And if we
begin the Immigration process he will be required to live in the U.S.
for at least 6 months per year.
What are our options on this matter
Mar 6th 2007, 9:43 pm
#2
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Immigration of son
I am a U.S citizen and my wife is a permanent resident. We wish to
begin Immigration for her son of 13 years. The problem is: We wish for
the him to complete high school in his country as he is in a very good
school, during this time we wish for him to come to the U.S. for
vacations etc. We believe that if we ask for a B1-B2 visitor's visa he
will be declined because his mother is a permanent resident. And if we
begin the Immigration process he will be required to live in the U.S.
for at least 6 months per year.
What are our options on this matter
begin Immigration for her son of 13 years. The problem is: We wish for
the him to complete high school in his country as he is in a very good
school, during this time we wish for him to come to the U.S. for
vacations etc. We believe that if we ask for a B1-B2 visitor's visa he
will be declined because his mother is a permanent resident. And if we
begin the Immigration process he will be required to live in the U.S.
for at least 6 months per year.
What are our options on this matter
Rene
Mar 7th 2007, 12:21 am
#3
Concierge
Joined: Apr 2001
Posts: 46,406
Re: Immigration of son
Rene, hit is correctly. You, not your wife, can petition for your stepson's immediate relative visa by filing the I-130. Once approved it will go to the US Consulate in the country he is living in and he will gather the required documentation, get his medical and have his interview there. Once he has the IR visa in his passport, he enters the US activating the visa and becomes a US permanent resident like his mother. Once here he files for a re-entry permit via form I-131. He can live before it is issued but he cannot file for it while he is outside of the US. This will allow him to leave and return to the US with an absence of 6 months or more at anyone time. The reason he will give for needing the re-entry permit is continuation of his education in [name of country].
If asked at the POE when using the re-entry permit to prove his continued residency in the US, he need only state that his mother is living in the US with his stepfather, his room is still at their home, etc.
Be sure that his mother has full custody of her son and that his father is okay with his leaving the country and residing in the US. Preferrably she should have a court order stating she is free to remove her son from his home country.
If asked at the POE when using the re-entry permit to prove his continued residency in the US, he need only state that his mother is living in the US with his stepfather, his room is still at their home, etc.
Be sure that his mother has full custody of her son and that his father is okay with his leaving the country and residing in the US. Preferrably she should have a court order stating she is free to remove her son from his home country.
I am a U.S citizen and my wife is a permanent resident. We wish to
begin Immigration for her son of 13 years. The problem is: We wish for
the him to complete high school in his country as he is in a very good
school, during this time we wish for him to come to the U.S. for
vacations etc. We believe that if we ask for a B1-B2 visitor's visa he
will be declined because his mother is a permanent resident. And if we
begin the Immigration process he will be required to live in the U.S.
for at least 6 months per year.
What are our options on this matter
begin Immigration for her son of 13 years. The problem is: We wish for
the him to complete high school in his country as he is in a very good
school, during this time we wish for him to come to the U.S. for
vacations etc. We believe that if we ask for a B1-B2 visitor's visa he
will be declined because his mother is a permanent resident. And if we
begin the Immigration process he will be required to live in the U.S.
for at least 6 months per year.
What are our options on this matter
Mar 7th 2007, 1:20 am
#4
Guest
Posts: n/a
Re: Immigration of son
On Mar 6, 6:21 pm, Rete <[email protected]> wrote:
> > I am a U.S citizen and my wife is a permanent resident. We wish to
> > beginImmigrationfor hersonof 13 years. The problem is: We wish for
> > the him to complete high school in his country as he is in a very good
> > school, during this time we wish for him to come to the U.S. for
> > vacations etc. We believe that if we ask for a B1-B2 visitor's visa he
> > will be declined because his mother is a permanent resident. And if we
> > begin theImmigrationprocess he will be required to live in the U.S.
> > for at least 6 months per year.
> > What are our options on this matter
>
> Rene, hit is correctly. You, not your wife, can petition for your
> stepson's immediate relative visa by filing the I-130. Once approved it
> will go to the US Consulate in the country he is living in and he will
> gather the required documentation, get his medical and have his
> interview there. Once he has the IR visa in his passport, he enters the
> US activating the visa and becomes a US permanent resident like his
> mother. Once here he files for a re-entry permit via form I-131. He
> can live before it is issued but he cannot file for it while he is
> outside of the US. This will allow him to leave and return to the US
> with an absence of 6 months or more at anyone time. The reason he will
> give for needing the re-entry permit is continuation of his education in
> [name of country].
>
> If asked at the POE when using the re-entry permit to prove his
> continued residency in the US, he need only state that his mother is
> living in the US with his stepfather, his room is still at their
> home, etc.
>
> Be sure that his mother has full custody of hersonand that his father
> is okay with his leaving the country and residing in the US.
> Preferrably she should have a court order stating she is free to remove
> hersonfrom his home country.
>
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted viahttp://britishexpats.com
Thanks so much, you have put the process in perspective. I really
appreciate it.
> > I am a U.S citizen and my wife is a permanent resident. We wish to
> > beginImmigrationfor hersonof 13 years. The problem is: We wish for
> > the him to complete high school in his country as he is in a very good
> > school, during this time we wish for him to come to the U.S. for
> > vacations etc. We believe that if we ask for a B1-B2 visitor's visa he
> > will be declined because his mother is a permanent resident. And if we
> > begin theImmigrationprocess he will be required to live in the U.S.
> > for at least 6 months per year.
> > What are our options on this matter
>
> Rene, hit is correctly. You, not your wife, can petition for your
> stepson's immediate relative visa by filing the I-130. Once approved it
> will go to the US Consulate in the country he is living in and he will
> gather the required documentation, get his medical and have his
> interview there. Once he has the IR visa in his passport, he enters the
> US activating the visa and becomes a US permanent resident like his
> mother. Once here he files for a re-entry permit via form I-131. He
> can live before it is issued but he cannot file for it while he is
> outside of the US. This will allow him to leave and return to the US
> with an absence of 6 months or more at anyone time. The reason he will
> give for needing the re-entry permit is continuation of his education in
> [name of country].
>
> If asked at the POE when using the re-entry permit to prove his
> continued residency in the US, he need only state that his mother is
> living in the US with his stepfather, his room is still at their
> home, etc.
>
> Be sure that his mother has full custody of hersonand that his father
> is okay with his leaving the country and residing in the US.
> Preferrably she should have a court order stating she is free to remove
> hersonfrom his home country.
>
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted viahttp://britishexpats.com
Thanks so much, you have put the process in perspective. I really
appreciate it.
