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VisaJourney.com > General Family Based Immigration Topics > Bringing family members of Permanent Residents to America

viejo
My wife and son (legally step) are from Cuba and have there US residency since April 2006. We would like to bring our sons father to the US.

I am guessing the only way other than the green card lottery to bring his father to the US is for him (stepson) to sponsor him much like I did with he and my wife?

I assume he has to be an adult to sponsor and a US citizen and not just resident and that there is no way for my wife or I to sponsor him?

Immigration in Miami told my wife when she entered from Cuba that she could apply for her sons father to come her on some type of K or Family Life visa (wife and son came on a K1 & K3). They of course didnt give any details.


Thanks,


Viejo
jasman0717
I'm not sure what the wait time is but the Manila embassy is currently processing relative visa requests that were filed in 1984 so would imagine the wait will be significant. There is a table somewhere in the USCIS web pages that show this but I can't find it at this time.

Here is the link to the visa bulletin: http://travel.state.gov/visa/frvi/bulletin...letin_1343.html
Pinay Wife
QUOTE(viejo @ Sep 22 2006, 03:38 PM) *

My wife and son (legally step) are from Cuba and have there US residency since April 2006. We would like to bring our sons father to the US.

I am guessing the only way other than the green card lottery to bring his father to the US is for him (stepson) to sponsor him much like I did with he and my wife?

I assume he has to be an adult to sponsor and a US citizen and not just resident and that there is no way for my wife or I to sponsor him?

Immigration in Miami told my wife when she entered from Cuba that she could apply for her sons father to come her on some type of K or Family Life visa (wife and son came on a K1 & K3). They of course didnt give any details.

Viejo

The only way your stepson's father can be sponsored is through work visa. Your wife cannot sponsor him because she doesn't have familial ties with him and neither do you. And you are correct, for your stepson to be qualified to file a petition, he has to be at least 18, a US citizen, and able to financially sponsor his biological father.

The K visa is available only to fiances, spouses and children of US citizens. Click the links below to read about LIFE Act.

http://www.uscis.gov/graphics/services/residency/life.htm (read under K Visa Regulation)
http://www.uscis.gov/graphics/publicaffair...ets/LIFEAct.htm

Consult an immigration lawyer if you plan to legally adopt your stepson. The adoption may disqualify your stepson from petitioning his biological father in the future.

Your stepson's father must be a very good man for you to even think of sponsoring him. I admire both you and him good.gif

I hope you can find an employer to sponsor him.
Boiler
He has to find his own way, his son has to be 21 and a USC to sponsor his father.
sheraz
[quote name='PatientlyWaiting' date='Sep 25 2006, 03:33 AM' post='467647']
[quote name='viejo' post='463732' date='Sep 22 2006, 03:38 PM']


Your stepson's father must be a very good man for you to even think of sponsoring him. I admire both you and him good.gif

I hope you can find an employer to sponsor him.
[/quote]

I aggree with the above statement.

One question out of curiousity. Why is the wife worried about ex husband at port of entry ?
viejo
[quote name='sheraz' date='Sep 26 2006, 02:04 PM' post='471395']
[quote name='PatientlyWaiting' date='Sep 25 2006, 03:33 AM' post='467647']
[quote name='viejo' post='463732' date='Sep 22 2006, 03:38 PM']


Your stepson's father must be a very good man for you to even think of sponsoring him. I admire both you and him good.gif

I hope you can find an employer to sponsor him.
[/quote]

I aggree with the above statement.

One question out of curiousity. Why is the wife worried about ex husband at port of entry ?
[/quote]
viejo

[QUOTE]
One question out of curiousity. Why is the wife worried about ex husband at port of entry ?



Thank you... Yes, my sons father is a very, very good man. My wife wasnt/isnt worried about her ex rather would like to see her son have 2 fathers in his life instead of just one. It might be hard to fathom but a 5 year old kid growing up without his father (who he is very close to) is a big deal. I know through my own experience, having my parents split when I was 4.
Boiler
From a British perspective, but covers the options, which one does he qualify for?

Pulaski's Ways: How to Live and Work in the USA

The following is a non-legal guide to living and working in the USA by people who have already done it. It is not a definitive or even detailed guide but nevertheless shows the common starting points for the beginning of your journey. Note that it is not legal advice; if you require such advice, AILA is a suitable place for a referral to a specialist US immigration lawyer. Official US government information is available at USCIS. Unlike many other popular destinations, the US does not provide specific retirement or skilled trade visas. Please research fully before you ask questions on the forum.

Simplified, there are 3 categories of US visas: immigrant, dual-intent, and non-immigrant.
Immigrant You will be a permanent US resident (Green Card). You may under certain conditions subsequently apply for naturalization as a US citizen.
Dual-intent You may eventually apply under certain conditions to convert to permanent resident status (Green Card). You may under certain conditions subsequently apply for naturalization as a US citizen.
Non-immigrant You may not convert to permanent resident status and must leave the US when the reason for your stay no longer exists.

Family
* Marriage or engagement in anticipation of marriage to a US citizen. Immigrant or dual-intent visa. Search for: K1, K3, direct consular filing (DCF), adjustment of status (AOS).
* You have a close relative (mother, father, brother, sister and no further) who is an US citizen who would sponsor you; approx time for visa is 6 months to 12 years. Immigrant visa. Search for I-130 petition, adjustment of status (AOS).

Work
* You have skills that are in short supply, e.g. scientific or medical training. A degree is normally a must. Or you have superior specialist skills with at least 12 years experience. Recruitment agents will not take you seriously if you are not already in the US. Writing for jobs is often futile, and US employers have no idea what many foreign qualifications mean, so it may pay you to get your qualification translated into a US equivalent. You need a job offer before you can get the visa. Your employer will be your sponsor at a cost to them of $5k and up. They may also have to prove to the Dept of Labor there is no American to do the job if the position is to be permanent. Your dependant spouse may not work. Dual-intent visa. Search in forums for: H1
* You have a multinational employer who is willing to transfer you, but even then the employer has to make a good case for you. . Your dependant spouse may work. Dual-intent visa. Search for: L1, intra-company transfer.
* You have extraordinary ability in the sciences, arts (including the television and motion picture industry), education, business, or athletics. Your dependant spouse may not work. Dual-intent visa. Search for: O1.
* You are a foreign member of a religious denomination having a bona fide non-profit religious organization in the U.S. and entering the U.S. to carry on the activities of a minister or religious worker as a profession, occupation or vocation Search for: R1.

Money
* You own or buy business as a national of a qualifying Treaty country. The business must have a minimum value of around $150k (the more, the better) bearing in mind you will need somewhere to live and with any startup business you will need at least 2 years living money as back up. So a figure of $350k would be a nearer minimum. Your dependent spouse may work. Non-immigrant visa Search for: E2.
* You are an "investor" i.e. you have at least US $1m in assets to bring with you, or half that in certain areas. Your background will be investigated to the hilt. Dual-intent visa Search for: EB5.

Misc. (unusual for UK citizens)
* You participate in, are selected, and successfully process the Diversity Visa lottery. Note that persons born in certain countries including the UK (but excluding N. Ireland) are generally not eligible to apply unless your spouse or both parents were born abroad. Immigrant visa. Search for: diversity visa (DV).
*You are in a position to claim refugee status/political asylum.
* You assist US law enforcement to investigate and prosecute crimes and terrorist activities such as money laundering and organized crime. Search for: S visa.
* You get a member of Congress to sponsor a private bill with legislation that applies just to you.
JenT
No advice to offer other than you are very accommodating. Nice to see kids' needs made a priority.

Hat's off to you. good.gif

Jen
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