Jump to content
Sign in to follow this  
miggy

How can my Son stay in the usa

13 posts in this topic

Recommended Posts

Filed: Other Country: United Kingdom
Timeline

I came over to the usa in 2008 and got married to my husband, i am a perm resident now i do have the conditions on my residency but those are due to be removed later this year. my son is 22 now. he has been coming to and from the usa on the waiver program for the past year. we have just filed the I-130 for him as soon as he came on this 90 day stretch, i have receive a notification they have recevied the file (not a receipt number) but have heard nothing since, i want him to stay in the USA but the info i am getting is all over the place, some people say since he has filed the I-130 he can stay where as others say he has to leave the USA and that if he does leave if he was to come back after a few weeks again on the waiver, there is a strong possibility that he would be denied entry. i have family in the uk where i am from originally but they will not help me out with letting him stay with them etc mostly because of whom he would have to live with being very ill atm. is there any way he could stay here or could anyone give me some advice?

thanks in advance

Dawn

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

Dawn - he doesn't have any status yet because the I-130 was filed, at all.

You are the mother, a permanent resident, filing for an unmarried son. The wait is anywhere from 4 to 8 years before a visa number becomes available, for that category, for that country.

If I were in yer shoes, I'd make sure my son was in a university whilst waiting, all the way through to phD level, outside of the USA.

Alternatively, he can apply for admission to a USA university on a student visa, preferably somewhere close to your locale.

Good Luck !

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites
Filed: Other Country: United Kingdom
Timeline

Dawn - he doesn't have any status yet because the I-130 was filed, at all.

You are the mother, a permanent resident, filing for an unmarried son. The wait is anywhere from 4 to 8 years before a visa number becomes available, for that category, for that country.

If I were in yer shoes, I'd make sure my son was in a university whilst waiting, all the way through to phD level, outside of the USA.

Alternatively, he can apply for admission to a USA university on a student visa, preferably somewhere close to your locale.

Good Luck !

If he was to apply to a university in the usa, would he need qualifications to gain access, or does cirtain criteria need to be met, also could he also apply for the student visa while in the usa or would he have to go back to the uk and apply for it there?

Thanks

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

At 22 he is an Adult.

You would be looking at 9 years or so for the adult unmarried son of a LPR, that is quite a lot of international fees.

What did he do by way of futher education, what area does he want to continue his studies in?


“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.”

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: India
Timeline

He would have to apply to an university, get accepted. They'd require his previous college/school transcripts, GRE/SAT scores, TOEFL, teacher recommendations, etc. You'd have to show enough financial evidence to prove that he will be able to complete his education. He will then apply for a F-1 with the I-20 issued by the school.

Good luck!


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Albania
Timeline

what if he was to get married to his girlfriend? casue i filled the I-130 for him would that effect it in any way?

If the girlfriend is US citizen then he can apply with her and your I-130 will be no good.

If his girlfriend is from another country he has two options:

1. get married and this I-130 will not do (he would have to wait until your become USC and apply again then)

2. wait until you become USC and then get married with his girlfriend, then upgrade I-130 petition (if it not apporved by then)

If he wants to come here on a Student Visa usually he has to apply for that at the embassy as far as I know.


I-130 Sent : 08/15/2006 F2A (spouse of LPR)

I-130 Approved : 03/29/2010

AOS data section: Filed I-485 & I-765 (more details see About Me section)

04/30/2010 - Mailed out

06/02/2010 - RFE

08/11/2010 - Interview Date - APPROVED

08/23/2010 - Green Card at Home :)

Hubby's USC

Service Center : Dallas TX ; CIS Office : New York City NY

05/29/2010 - Date Filed

06/08/2010 - Email & phone mess with case number.

06/07/2010 - Checks cashed

06/11/2010 - NOA Date

06/21/2010 - Biometrics letter

07/07/2010 - Biometrics appointment

11/11/2010 - Interview Date

Waiting for interview letter

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

IF his girlfriend is US Citizen, then she could file I-130 petition, with immediate visa number availability, no nasty long term waiting.

If his girlfriend is not US Citizen, then YOUR petition for him would change from

'unmarried adult son of LPR'

to

'married adult son of LPR'

and then the timing would go waaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaay far out , expect 9 to 18 years before a visa number would become available.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: India
Timeline

Is the girlfriend a USC?

Or is she from the UK as well? If so, his category would change to a married, above 21 son of a LPR. Which is more waiting time, I believe.

If I'm wrong someone will come along and correct this soon enough.


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

Share this post


Link to post
Share on other sites
Filed: Other Country: United Kingdom
Timeline

Is the girlfriend a USC?

Or is she from the UK as well? If so, his category would change to a married, above 21 son of a LPR. Which is more waiting time, I believe.

If I'm wrong someone will come along and correct this soon enough.

She is a USC, they met on his first trip here, i knew it was a possibility to get married to stay but i thought it would be better to do it through me, but after reading the times you people have posted its alot longer process that i first thought, altho i have filed the I-130 for him if he wasnt to get married to stay would he still be able to travel on the weiver program and roughly how long would he have to wait between visits? i dont mind paying for flights every few months as hes my son and i want him to be over here with me rather than be on the other side of the world.

Thanks

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Albania
Timeline

Is the girlfriend a USC?

Or is she from the UK as well? If so, his category would change to a married, above 21 son of a LPR. Which is more waiting time, I believe.

If I'm wrong someone will come along and correct this soon enough.

A Green card holder can ONLY sponsor:

1. The spouse of a permanent resident

2. The child (unmarried and under 21 years old) of permanent resident

3. The unmarried son or daughter (21 years or older) of a permanent resident

LPR cannot sponsor MARRIED CHILD


I-130 Sent : 08/15/2006 F2A (spouse of LPR)

I-130 Approved : 03/29/2010

AOS data section: Filed I-485 & I-765 (more details see About Me section)

04/30/2010 - Mailed out

06/02/2010 - RFE

08/11/2010 - Interview Date - APPROVED

08/23/2010 - Green Card at Home :)

Hubby's USC

Service Center : Dallas TX ; CIS Office : New York City NY

05/29/2010 - Date Filed

06/08/2010 - Email & phone mess with case number.

06/07/2010 - Checks cashed

06/11/2010 - NOA Date

06/21/2010 - Biometrics letter

07/07/2010 - Biometrics appointment

11/11/2010 - Interview Date

Waiting for interview letter

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

SweetApple - thanks for that - I, Too, had forgetten that last bit.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Albania
Timeline

She is a USC, they met on his first trip here, i knew it was a possibility to get married to stay but i thought it would be better to do it through me, but after reading the times you people have posted its alot longer process that i first thought, altho i have filed the I-130 for him if he wasnt to get married to stay would he still be able to travel on the weiver program and roughly how long would he have to wait between visits? i dont mind paying for flights every few months as hes my son and i want him to be over here with me rather than be on the other side of the world.

Thanks

Here are the different categories he has with you green card holder or when you become citizen:

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference. 08 SEP 2004

Second: Unmarried Sons and Daughters of Permanent

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation. 01 JUL 2002

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences. 08 JUN 2001

If he marries USC girlfriend about 1 year or less usually.

http://travel.state.gov/visa/frvi/bulletin/bulletin_4805.html

SweetApple - thanks for that - I, Too, had forgetten that last bit.

You welcome, I was in this situation so that why I remember it very well. :innocent:


I-130 Sent : 08/15/2006 F2A (spouse of LPR)

I-130 Approved : 03/29/2010

AOS data section: Filed I-485 & I-765 (more details see About Me section)

04/30/2010 - Mailed out

06/02/2010 - RFE

08/11/2010 - Interview Date - APPROVED

08/23/2010 - Green Card at Home :)

Hubby's USC

Service Center : Dallas TX ; CIS Office : New York City NY

05/29/2010 - Date Filed

06/08/2010 - Email & phone mess with case number.

06/07/2010 - Checks cashed

06/11/2010 - NOA Date

06/21/2010 - Biometrics letter

07/07/2010 - Biometrics appointment

11/11/2010 - Interview Date

Waiting for interview letter

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...