Bringing my son to live with me

[Philovocat 0]

Hey Guys,

I am currently only green card holder for another two years from today. But I really want to bring my 1 year old son to live here with me while I am starting a process for him to obtain the green card as well. I didn't yet start that process because I want to get him a visa to come here first before starting the green card process.

Please advise me: will the k3 Visa or what kind of visa will allow me to bring him here faster (How long will it take?) so I can @ least have him by me before I can start the card card process for him ?

[Ian H. 207]

What is your situation? How did you get your GC? Did you come here on a K1? Do you have a USC spouse? I need to know this info so that I can tell you what's the best and fastest way to bring your son.

[Philovocat 0]

Originally I came here under a student status. I have a green card for a bit more than 3 years now. I was married to a US born citizen for about 10 years or so.

Just went through a divorce but I wasn't the originator.

Edited October 19, 2014 by Philovocat

[Ian H. 207]

Ok, I'm a little confused now, so I will try to understand. If you have been an LPR for 3 years, how come your son was born abroad and why didn't you bring him back with you? Also is your USC spouse the father of this child or someone else? I just want to know just in case the child has claim to USC.

Edited October 19, 2014 by Ian H.

[Philovocat 0]

Correction: I am a MAN. I live in North Carolina where I married my ex wife. Divorce rules in NC are such that you have to fully separated for at least a year before the divorce could be finalized. My son was conceived on an overseas trip while we were separated. Anyways, it's complicated. I am divorced now & I am want to bring my son to live with me. What's the fastest visa I can get him to bring him here with me ? That's the answer I am looking for

[Mark88 183]

So you had the child with another woman? Are you only planning on bringing your son or the woman, too? In which country is your son now? Leaving out half the story is not going to get you all the answers you need.

Edited October 19, 2014 by Mark88

[Ian H. 207]

I'm sorry if you felt offended, but your profile has no info and your timeline isn't filled in so I couldn't assume if you were male or female. Please fill this info in as it well help others answer your questions properly in the future.

Anyway, since you are an LPR, you may bring your son by filing an I-130 under F2A category. This category is taking about 2 years currently for a visa to become available.

A K3 visa is for a spouse of a USC, so it doesn't apply to your case. Your child will be given an F22 or FX2 immigrant visa that will allow him to enter the US and become an LPR.

[Philovocat 0]

No I am not offended at all. I really wasn't sure how this site worked, I had just opened my account when I posted that question. I will fill in my profile shortly.

But yes, my son is by another woman, who's my new fiancee now, by way. Yes I am planning to bring her as well as my fiancee (not even sure the type of visa is for a fiancee) so we can wed once she gets here. I heard it's better to do the 2 cases differently (fiancee and son) that's why I am asking more about my son's case. But if that's not the case, is it actually better for me to do join my son's I-130 to my fiancee's case? Will it make it easier, or faster? What is your advice ?

[Philovocat 0]

Both my fiancee & son are in the Republic of Niger, by the way

[Boiler 43,429]

I can see this getting very complicated. To file for the mother you need to be married.

[Ian H. 207]

Ok, so a couple of things here. You didn't specify, but I can perfectly imply that you obtained LPR status through your USC ex wife. Like Boiler said, you need to be married. You cannot petition her as a fiance because you are not a USC and only USC's can petition fiances.

Also, since you obtained your LPR through marriage, that means that you are not able to petition for her because you need to have 5 years as an LPR. Unless you can prove by clear and convincing evidence that your prior marriage wasn't for immigration purposes. I do not know what constitutes clear and convincing evidence.

As for the child, you shouldn't have an issue because this is a biological relationship, and the worst that can usually happen in this kind of case is a DNA test.

[Mark88 183]

You can petition your son, but it will take a couple years to get him here. No chance on the fiancé, since only USC's can obtain a visa for them. You will hvae to get married first, and even that will take over a year to two to get her here then.

Why were you married for over 10 years to a USC, but only have a green card for 3?

[Philovocat 0]

Ok thanks guys. More questions however:

I am all for the DNA test if it comes to that, but so for my son, if I understand the best option is to file an I-130 under F2A category. & just wait to hear something with 2 years?

As for my fiancee, I did not know that I had to be a USC to file for her. But like Boiler mentioned, what I can go to the Republic of Niger, get married there then file for her?

Is that possible? & if so, then what kind of visa could I petition for her ?

[Philovocat 0]

Thanks again Ian H, Mark88, Boiler,

Oh I was honestly married to my ex wife the USC for real & because I was so focused on school & very busy for a while I was naive enough to think it wasn't important to file for the green card early. I guess it caught up to me now !!

So in short, The I-130 under F2A category IS THE BEST OPTION FOR MY SON ? & Then just wait to hear something within 2 years?

As for my fiancee, like Boiler & Gold Member mentioned, I guess I can go to the Republic of Niger, get married there then file for her?

If that's possible, then what type of visa could I petition for her in that case ?

[Ian H. 207]

F2A category is the ONLY option for your son, since you are an LPR. Now you would have been able to become a USC after 3 years by being married to a USC, but since you divorced you have to wait another 2 years.

Your only option to bring your fiancé is to get married first and then submit the I-130. If you petition for her, your son would be included in this petition and a separate petition does not need to be filed for him. It still takes the same amount of time, because it's F2A category. Also, keep in mind that if you become a USC before your son is issued a visa, he would no longer be eligible for a visa under his mom's case and would need a separate petition filed.

As for the I-130, I would like to think that being married to your ex for 10 years is pretty clear and convincing evidence by itself in order to submit the I-130, but I cannot assert that myself. In my opinion, someone who has been married that long and only decided to get a GC after so many years, did not get married for immigration purposes.

Therefore, what I would do, unless there is another way to do this then someone correct me, is to write a letter explaining that although you have been an LPR for less than 5 years, your previous marriage was not for immigration purposes. You would explain and include evidence that your marriage was for 10 years, and whatever other evidence you have of your marriage, such as joint taxes, bills, and what have you.

Obviously, you didn't have to do ROC because you were married for so long, so you probably didn't need to submit much, when you became an LPR. Again, that is what I would do, unless there is another way to go about this, that I'm not aware of. For me, the length of the marriage alone is good enough as "clear and convincing evidence," but for them, I don't know what they like to see.