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Marlizinha

Bringing son over 21(with I-130)by student visa

By Marlizinha in Bringing Family Members of Permanent Residents to America

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Marlizinha Contributor

Marlizinha   2

Posted
Filed: FB-1 Visa Country: Brazil
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My son (k2)was 20 year old when we did apply for AOS but he had not approval because was 21 when we had our interview.He did back to Brazil.This year the consulate refused him a student visa because he has a process I-130.The consul said tourism and student visa are temporary visa so can not show intention to immigrate and he shows intention(before k2 and now with I-130 in course) so he must wait in Brazil. I would like know if this is true.

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Boiler Grand Master

Boiler   43,433

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Filed: K-1 Visa Country: Wales
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Can he get a Visitor Visa, a B2 theoreticaly yes, he only has the application fee at risk.

Chances having been refused a Student visa, very low.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Gold Rookie

Gold   0

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Filed: Country: Nigeria
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It's very correct.He cannot process any other form of non-immigrant visa because immigrant visa had already been applied for him.He has to wait in BRAZIL until his immigrant case become current.I'm sorry but that is just the way it is.

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Marlizinha Contributor

Marlizinha   2

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Filed: FB-1 Visa Country: Brazil
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It's very correct.He cannot process any other form of non-immigrant visa because immigrant visa had already been applied for him.He has to wait in BRAZIL until his immigrant case become current.I'm sorry but that is just the way it is.
:

Are you sure? I found this: http://www.visajourney.com/forums/index.php?showtopic=112659

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Boiler Grand Master

Boiler   43,433

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Filed: K-1 Visa Country: Wales
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It's very correct.He cannot process any other form of non-immigrant visa because immigrant visa had already been applied for him.He has to wait in BRAZIL until his immigrant case become current.I'm sorry but that is just the way it is.
:

Are you sure? I found this: http://www.visajourney.com/forums/index.php?showtopic=112659

He can apply for a Visitor Visa.

He theoretically could get one.

Have a go and see.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Mononoke28 Grand Master

Mononoke28   134

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Filed: Citizen (apr) Country: Colombia
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Right, he CAN apply for a any other non-immigrant visa he wants but the chances of it getting approved are very slim mainly because he already applied, interviewed and used a K2 visa. So the CO will probably think that his tourist or student visa will be used to immigrate to the US and not go back to Brazil.

Now, the only person who knows for sure why his visa was denied is the CO but I personally believe that's why he was denied.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Marlizinha Contributor

Marlizinha   2

Posted
Filed: FB-1 Visa Country: Brazil
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Posted
Right, he CAN apply for a any other non-immigrant visa he wants but the chances of it getting approved are very slim mainly because he already applied, interviewed and used a K2 visa. So the CO will probably think that his tourist or student visa will be used to immigrate to the US and not go back to Brazil.

Now, the only person who knows for sure why his visa was denied is the CO but I personally believe that's why he was denied.

Diana

Yes,but I don't understand why the office who did our interview said to us he could come back to States by student visa and to wait here while his I-130 is pending.When his Green Card was denied he could stay here for more 4 months(the date to him go back ) but he did return to Brazil soon.(sorry for my English)

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Boiler Grand Master

Boiler   43,433

Posted
Filed: K-1 Visa Country: Wales
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Posted

He probably said he could apply.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Mononoke28 Grand Master

Mononoke28   134

Posted
Filed: Citizen (apr) Country: Colombia
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Posted (edited)
Right, he CAN apply for a any other non-immigrant visa he wants but the chances of it getting approved are very slim mainly because he already applied, interviewed and used a K2 visa. So the CO will probably think that his tourist or student visa will be used to immigrate to the US and not go back to Brazil.

Now, the only person who knows for sure why his visa was denied is the CO but I personally believe that's why he was denied.

Diana

Yes,but I don't understand why the office who did our interview said to us he could come back to States by student visa and to wait here while his I-130 is pending.When his Green Card was denied he could stay here for more 4 months(the date to him go back ) but he did return to Brazil soon.(sorry for my English)

The office gave you that as an option but the office does not approve the visas in Brazil. It was just a suggestion but the final say on who gets a visa or not is the CO and the CO denied it.

Diana

Edited by Mononoke28

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
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Posted
My son (k2)was 20 year old when we did apply for AOS but he had not approval because was 21 when we had our interview.He did back to Brazil.This year the consulate refused him a student visa because he has a process I-130.The consul said tourism and student visa are temporary visa so can not show intention to immigrate and he shows intention(before k2 and now with I-130 in course) so he must wait in Brazil. I would like know if this is true.

I assume you are the petitioner... Are you now or soon will be a USC?

YMMV

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Marlizinha Contributor

Marlizinha   2

Posted
Filed: FB-1 Visa Country: Brazil
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  • Author
Posted
My son (k2)was 20 year old when we did apply for AOS but he had not approval because was 21 when we had our interview.He did back to Brazil.This year the consulate refused him a student visa because he has a process I-130.The consul said tourism and student visa are temporary visa so can not show intention to immigrate and he shows intention(before k2 and now with I-130 in course) so he must wait in Brazil. I would like know if this is true.

I assume you are the petitioner... Are you now or soon will be a USC?

Yes I am the petitioner.I am not still a USC.I got married to a native USC in January 2007.It is supposed just I can apply when I get 3 married years.

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
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Posted
Yes I am the petitioner.I am not still a USC.I got married to a native USC in January 2007.It is supposed just I can apply when I get 3 married years.

When did you become an LPR? You can naturalize at a date no earlier than 3 yrs married or 3 years permanent residence (whichever is later).... So at a minimum the naturalization is January 2010 but most likely it is a little later than that due to when your greencard was issued.

YMMV

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Marlizinha Contributor

Marlizinha   2

Posted
Filed: FB-1 Visa Country: Brazil
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  • Author
Posted
Yes I am the petitioner.I am not still a USC.I got married to a native USC in January 2007.It is supposed just I can apply when I get 3 married years.

When did you become an LPR? You can naturalize at a date no earlier than 3 yrs married or 3 years permanent residence (whichever is later).... So at a minimum the naturalization is January 2010 but most likely it is a little later than that due to when your greencard was issued.

I have the temporaly GC.It was issued in June 26 of 2007.

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Marlizinha Contributor

Marlizinha   2

Posted
Filed: FB-1 Visa Country: Brazil
 Timeline
  • Author
Posted
Yes I am the petitioner.I am not still a USC.I got married to a native USC in January 2007.It is supposed just I can apply when I get 3 married years.

When did you become an LPR? You can naturalize at a date no earlier than 3 yrs married or 3 years permanent residence (whichever is later).... So at a minimum the naturalization is January 2010 but most likely it is a little later than that due to when your greencard was issued.

I have the temporaly GC.It was issued in June 26 of 2007.

I did petition for him last year( July 2007).My GC was issued June 2007,so after when I am an USC,how long must wait? What is the difference ?

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