dependant help

[ScottnIzabela 25]

so we have her visa all set and ready, and now it seems the plan her son had with his dad are falling thru. and he is likely coming with , and i am fine with that. i suggested we get him a visa as we did hers but she said no he was staying in UK for education. so we did not get his visa.

can he get adjusted here on a tourist visa?

i am off now to search for more info but i thought it best to ask the experts first

thanks everyone

[ScottnIzabela 25]

wow not one answer or comment?

we can not be the only ones where a teenager has tossed a monkey wrench in the works.

i went to local immigration office today. they said fill out i130 and i485.

[Harpa Timsah 13,258]

It is illegal to enter the US on a non-immigrant visa with the intent to immigrate. No one is going to help you commit visa fraud.

[ceadsearc 515]

No, he can't. He can visit (though with an immigrant mother he may be denied entry) but he needs an immigrant visa to stay. How old is he?

[ScottnIzabela 25]

It is illegal to enter the US on a non-immigrant visa with the intent to immigrate. No one is going to help you commit visa fraud.

no one is committing fraud of any kind.

so i have found a minor (he is) CAN enter on the visa waiver program and the his mother can apply for AOS.

there is even a program or situation where we can file both i130 and i485 at the same time and we need to do this with in the 90 day window once he arrives.

he is her child, and he is not barred from coming here .

i found out part of this info by searching HERE of all places.

[ScottnIzabela 25]

No, he can't. He can visit (though with an immigrant mother he may be denied entry) but he needs an immigrant visa to stay. How old is he?

his mother is already approved--visa in hand.

he is 16.

he can enter on visa waiver and then we can apply for AOS. this applies ONLY for under 21 children of either me the US citizen, or her with the green card she will receive.and he is coming a few months after she is.

the law is written such that there are means to not split families apart. his original plan was to stay with his dad and finish school, which is why we did not get him visa while doing her application.

[ScottnIzabela 25]

No, he can't. He can visit (though with an immigrant mother he may be denied entry) but he needs an immigrant visa to stay. How old is he?

she is not immigrant mother, she is CR1 --my wife and i am US citizen, born here if that means anything in this discussion

[Reyan 56]

What you plan on doing is considered visa fraud, because the intent is to have your wife's son use a visitor visa to AOS. People do AOS with visitor visa's but they originally did not plan/intend on AOS during their visit, which makes a difference. You have different options to secure an immigrant visa for your step son (whether through you or your wife) so I suggest you do it through the proper channel. Whether you agree or disagree on what I and previous members wrote is up to you, because ultimately it is not our problem should the plan fail.

[Darnell 8,478]

i dunno - it smells like the solution you've found is plausible and makes sense,

but I would question the source, vette the source - DOUBLY vette the source.

Then, and only then, if you were able to doubly vette the source, then I suggest you go through with it all.

Let us know the results of the vetting, though, aye?

[grrrrreat 109]

his mother is already approved--visa in hand.

he is 16.

he can enter on visa waiver and then we can apply for AOS. this applies ONLY for under 21 children of either me the US citizen, or her with the green card she will receive.and he is coming a few months after she is.

the law is written such that there are means to not split families apart. his original plan was to stay with his dad and finish school, which is why we did not get him visa while doing her application.

You're confusing a couple of different issues. Yes, there is no rule about entering under the VWP and then applying to adjust status. However, there is a rule against entering the U.S. under the VWP (which is a non-immigrant visa) with the intent to immigrate (i.e. settle permanently) in the U.S. Because the child will have the intent to immigrate when he enters under the VWP, this is breaking the law. Typically, those who adjust status under the VWP are able explain why they lacked the intent to immigrate when they entered but subsequently changed their mind. That won't apply to you. And applying to adjust status shortly after entering under the VWP is sure to raise red flags at USCIS.

The regular route for immigrating is the same route that his mother used--apply for an immediate relative visa. As a stepfather, you are able to submit an I-130 petition for him and he will be able to apply for a visa. Given your special circumstances, USCIS may be willing to expedite consideration of the I-130.

Your comments about immigration law not desiring to break up family units are correct but irrelevant. Immigration law ensures that family units are not broken up by allowing certain U.S. citizens to petition for a visa on behalf of their relatives; it doesn't eliminate the rule against using a non-immigrant visa to immigrate to the U.S.

[ceadsearc 515]

I'd love to see the source that says that it is legal to use VWP to immigrate if under 21, because I've never heard that. If it is true, you should have no problems. If, as I have always read, it is not, he will probably be denied entry at customs and sent home.

[ScottnIzabela 25]

second page , section K of the I485 instructions.

also

from uscis website

Immediate Relatives

The term “immediate relative(s)” is used to define certain immigrant relatives of U.S. citizens. Immediate relatives include:

• Spouses of U.S. citizens
• Children (unmarried and under 21) of U.S. citizens
• Parents of U.S. citizens (The petitioning citizen must be 21 or older.)

For immediate relatives of U.S. citizens, visas are always available, which means that your family member does not need to wait in line for a visa. Immediate relatives who are in the United States can file

Form I-485, Application to Register Permanent Residence or Adjust Status at the same time as Form I-130. For more information on how your relative can apply to adjust status (i.e. get a green card) while he or she is in the United States, see the "How Do I Help My Relative Become a Permanent Resident?" guide.

Edited May 4, 2012 by ScottnIzabela

[ScottnIzabela 25]

and from what i have read --we need to file before his 90 days are up on his visit. and his mom wanted him to come and decide for himself. so he actually is not lying. he is unsure ,and their relationship is such she wants to let him make his own choice.

and i could not find any difference of child , or step child.

so the doomsayers ...we are not trying to do anything illegal.. he is her son and she is married to me. he is entitled to come , and there are a couple different ways to do this.

this fits out situation. and all the requirements are/will be met if he decides he wants to be here.

[grrrrreat 109]

and from what i have read --we need to file before his 90 days are up on his visit. and his mom wanted him to come and decide for himself. so he actually is not lying. he is unsure ,and their relationship is such she wants to let him make his own choice.

and i could not find any difference of child , or step child.

so the doomsayers ...we are not trying to do anything illegal.. he is her son and she is married to me. he is entitled to come , and there are a couple different ways to do this.

this fits out situation. and all the requirements are/will be met if he decides he wants to be here.

Look man, we told you our advice and you're explaining your way around it. But we're not telling you anything that's incorrect. If you're now telling us that he doesn't have immigrant intent when he enters under the VWP fine, but it's not us that you're going to have to convince. As I and a couple other people said, no one disputes that you can adjust status after being admitted to the U.S. This needs to be done before the stay on the I-94 expires--which may be 90 days or 6 months or 2 weeks. The problem is entering on the VWP with immigrant intent. As another person said, the child may be denied at the border or questioned more if it is clear that the child has an immigrant mother.

[Reyan 56]

On your first post, you asked if your wife's son can adjust status on a tourist visa. I and others said no because we are basing our answer on what you originally wrote which was using a visitor visa with intent to adjust (that's immigration fraud). You can call us doomsayers all you want, but we answered your question based on what you originally wrote. Had you originally asked, "My wife's son wanted to visit/checkout the US, and later during the visit he wanted to stay could he adjust status?", you may have gotten a different response.

Remember, VJ members can't condone doing anything illegal (per TOS) and the plan to intend to adjust status with a visitor visa is considered visa fraud. That is why you got the response you did from us.