Want to bring step son for a visit and down the line green card - not in same visit

[Ken1 0]

Hi Visa Journyers!

I can't begin to tell you how much this site helped me four and a half years ago when I was bringing my then-fiance here! Well, now we are trying to figure out her son coming to the US from Brazil, first for a visit for about three weeks (hopefully this summer if we're not too late to get a visa) and down the line we would like to get him residency.

Here are the specifics. My wife is a permanent resident from Brazil and I am a US citizen. We live in the US with our young two children (born here and dual citizens) and my wife's daughter who is 13. My wife has a son who will turn 18 this August and lives in Brazil. My wife and step daughter both have green cards, my step daughter has been back to Brazil (where her brother and father live) twice, and we all went there together and spent last summer there with my wife's son.

In any case, we aren't sure if we should try to get my wife's son a tourist visa, and then deal with the green card later, or if it's possible to try to get him residency, and have him visit for now. We're pretty clear on that if he comes this summer, he would return to Brazil as he lives there with his dad and has one more year in high school. But, as mentioned, we would likeo get him US residency eventually. We are a little concerned with the tourist visa as that can be very hard for Brazilians to get, but perhaps thats easier as mom's now a resident.

Any thoughts on how to best go about this would be great.

Thanks!

[apple21 953]

You, as USC step-dad, can petition for your step-son now (I assume you married his mom BEFORE he turned 18). If he reaches the age of 21 (and above), he will be in for a looooong wait with either you or his mom as petitioner.

[Precious 2]

Hi Ken1, I can only tell you about my experience. I came to US on a K1, at the time, my son - then 12 - stayed in Brazil with his father. We got my son a B2 - tourist visa which he used to come and visit us, every year. The tourist visa was not hard to get at all, as my son had plenty of ties in Brazil at the time - school, a permanent address etc.

Time came and we decided that it would a good idea for him to move in with us. My husband - US citizen - petitioned for him - I-130 (under the "petition for a minor child of US citizen" category) and we started to get things rolling on Oct 2011. His visa was ready by April 2012 and my son - then 16- moved to US and enrolled in school just in time to complete the junior year in High School.

His green card arrived in the mail 2 weeks after his arrival in the country.

I'm just saying that, the process goes fast - it took 5 months, when you have all the papers in order, including vaccines etc and is much easier. I'm not sure if anything changes once the child turns 18 - for all I know, it might take a little longer, but you should take a look on the requirements for a child 18 and older.

As I said, the tourist visa is not a problem to get, just make sure you have the forms filled out correctly - with the correct information about the status of the mother - LPR.

Good luck!

[apple21 953]

Unmarried children (below 21 years of age) of USC falls under the immediate relative category (IR2). They will immigrate in more or less a year.

When a son/daughter reaches 21 years old and above, they no longer qualify as immediate relative (even if they have USC parent/step-parent). Petition for unmarried adult son/daughter of USC (F1 category) from Brazil will take at least 7 YEARS to complete.

Source: http://travel.state.gov/visa/bulletin/bulletin_5953.html

Don't let him miss that chance. Once your step-son gets his green card, he can apply for a 2-year Re-Entry Permit so he can stay and live in Brazil for 2 years without losing his LPR status. He has to return to the US before that re-entry permit expires.

If these scenarios are not your priorities as of now, then go ahead with the tourist visa.

Edited May 21, 2013 by apple21

[Ken1 0]

Thanks for the great input. I am still uncertain of two things:

1) Can we apply for a green card for him and have him just come visit us, but return to Brazil without affecting his green card status. And/or is there any amount of time he needs to stay in the US if we take this route?

2) Is there any chance of us getting him here by this July/August at this point through either the green card route or the tourist visa?

Thanks!

Kenny

[velrich 50]

Thanks for the great input. I am still uncertain of two things:

1) Can we apply for a green card for him and have him just come visit us, but return to Brazil without affecting his green card status. And/or is there any amount of time he needs to stay in the US if we take this route?

2) Is there any chance of us getting him here by this July/August at this point through either the green card route or the tourist visa?

Thanks!

Kenny

1. Re-read what Apple21 said above about re-entry permit.

2. You can try for the tourist visa first but his chances are getting it are slim because you (stepdad) and mom are there so they may think he has intent to immigrate and may deny it. The I-130 should get him there on the immigrant visa in 8-12 months if the USC which is the stepdad file this petition.

[Precious 2]

Thanks for the great input. I am still uncertain of two things:

1) Can we apply for a green card for him and have him just come visit us, but return to Brazil without affecting his green card status. And/or is there any amount of time he needs to stay in the US if we take this route?

2) Is there any chance of us getting him here by this July/August at this point through either the green card route or the tourist visa?

Thanks!

Kenny

Just adding to the previous response: when we sent my son's application for the green card, he already had his visitor's visa, but we never took the chance: we waited until his I-130 process was over, for him to come as a permanent resident. So, once you file for his green card, i think it is better to wait until things are processed and granted.

As for the tourist visa, I don't see a problem applying for it, as long as they are satisfied with the proof of strong ties in Brazil. He can come and visit, go back and then you can apply for the green card. During the years that I was here as a LPR, I remember once we had to get him another visitors' visa, as his had expired. No problem there, as he was enrolled in school in Brazil, had a permanent address, and in all the true reason was indeed, just to visit with us. Just be throughout with all the paper work.

Now, time wise, I guess to process a tourist visa takes some time, so you have to see if it's worth it.

[Ken1 0]

Thanks everyone. Just to make sure I understand correctly, we can apply for both the I-130 and the tourist visa at the same time? No problem doing that?

Thanks!