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OKflyboy

Effect on mother's IR-5 if child is in the US on B visa

By OKflyboy in Bringing Family Members of US Citizens to America

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OKflyboy Rising Star

OKflyboy   35

Posted
Filed: F-2A Visa Country: Russia
 Timeline
Posted (edited)

I filed for immigration for my mother. Now I'm thinking of bringing my minor brother to visit me on a visitors visa. Assuming he gets it (he already got denied once when filed together with my (and his) mom), will the fact that her child is in the US on a visit affect my mom's immigrant visa? I have been told that if he is here at the moment of her interview (or even if it is known that he has a B visa), she will never be able to get her IR-5.

My mom intends to file I-130 for him after she gets her GC and then to go back to Russia with him when his visa expires to wait for his I-130 approval, if that makes any difference.

Edited by OKflyboy

Ara & Anya - Tucson, Arizona

IR-5 for my (Anya's) mother
00 Filed: 03/08/2013

536 POE: 08/26/2014

Father

00 I-130 mailed to Phoenix Lockbox: 05/28/2014

455 POE LAX: 09/03/2015

Brother (9 years old, A2A through LPR mother)

I-130

00 Filed: 09/12/2014

03 Petition accepted at California Service Center, NOA-1 mailed: 09/15/2014

07 NOA-1 received; Priority date is 09/15/2014: 09/19/2014

176 RFE received: 03/07/2015

238 RFE response mailed to CSC: 05/08/2015

242 RFE response received at CSC; Decision to be made before 07/11/2015: 05/12/2015

308 Approved; NOA-2 mailed: 07/17/2015

314 NOA-2 received; Case sent to NVC: 07/23/2015

371 Welcome Letter received; Choice of Agent form submitted: 09/18/2015

374 AoS fee paid: 09/21/2015

416 IV fee paid; IV application submitted: 11/02/2015

452 IV and AoS packets mailed: 12/08/2015

455 Documents received at NVC; Waiting for CC: 12/11/2015

502 Case Complete; Wating for IL: 01/27/2016

504 Interview scheduled for 03/11/2016: 01/29/2016

523 Medical exam: 02/17/2016 Passed

546 Interview: 03/11/2016 PASSED!

549 Visa issued: 03/14/2016

588 POE LAX: 04/22/2016

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apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted (edited)

I filed for immigration for my mother. Now I'm thinking of bringing my minor brother to visit me on a visitors visa. Assuming he gets it (he already got denied once when filed together with my (and his) mom), will the fact that her child is in the US on a visit affect my mom's immigrant visa? No.

I have been told that if he is here at the moment of her interview (or even if it is known that he has a B visa), she will never be able to get her IR-5. Not true.

My mom intends to file I-130 for him after she gets her GC and then to go back to Russia with him when his visa expires to wait for his I-130 approval, if that makes any difference. First, make sure your brother DOES NOT OVERSTAY. Second, before mom leaves the US, she should apply for a 2-YEAR RE-ENTRY PERMIT because LPRs are not allowed to stay outside the US for 6 months or more. The re-entry permit will allow her to do so without losing her LPR status.

Edited by apple21

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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OKflyboy Rising Star

OKflyboy   35

Posted
Filed: F-2A Visa Country: Russia
 Timeline
  • Author
Posted

First, make sure your brother DOES NOT OVERSTAY. Second, before mom leaves the US, she should apply for a 2-YEAR RE-ENTRY PERMIT because LPRs are not allowed to stay outside the US for 6 months or more. The re-entry permit will allow her to do so without losing her LPR status.

Yeah, I know that. Thanks!

Ara & Anya - Tucson, Arizona

IR-5 for my (Anya's) mother
00 Filed: 03/08/2013

536 POE: 08/26/2014

Father

00 I-130 mailed to Phoenix Lockbox: 05/28/2014

455 POE LAX: 09/03/2015

Brother (9 years old, A2A through LPR mother)

I-130

00 Filed: 09/12/2014

03 Petition accepted at California Service Center, NOA-1 mailed: 09/15/2014

07 NOA-1 received; Priority date is 09/15/2014: 09/19/2014

176 RFE received: 03/07/2015

238 RFE response mailed to CSC: 05/08/2015

242 RFE response received at CSC; Decision to be made before 07/11/2015: 05/12/2015

308 Approved; NOA-2 mailed: 07/17/2015

314 NOA-2 received; Case sent to NVC: 07/23/2015

371 Welcome Letter received; Choice of Agent form submitted: 09/18/2015

374 AoS fee paid: 09/21/2015

416 IV fee paid; IV application submitted: 11/02/2015

452 IV and AoS packets mailed: 12/08/2015

455 Documents received at NVC; Waiting for CC: 12/11/2015

502 Case Complete; Wating for IL: 01/27/2016

504 Interview scheduled for 03/11/2016: 01/29/2016

523 Medical exam: 02/17/2016 Passed

546 Interview: 03/11/2016 PASSED!

549 Visa issued: 03/14/2016

588 POE LAX: 04/22/2016

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Boiler Grand Master

Boiler   43,596

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

How does she intend to maintain her residency?

“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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OKflyboy Rising Star

OKflyboy   35

Posted
Filed: F-2A Visa Country: Russia
 Timeline
  • Author
Posted

How does she intend to maintain her residency?

Living in the US six months out of the year. That's the requirement.

Re-entry permit, if she needs to stay out longer.

Ara & Anya - Tucson, Arizona

IR-5 for my (Anya's) mother
00 Filed: 03/08/2013

536 POE: 08/26/2014

Father

00 I-130 mailed to Phoenix Lockbox: 05/28/2014

455 POE LAX: 09/03/2015

Brother (9 years old, A2A through LPR mother)

I-130

00 Filed: 09/12/2014

03 Petition accepted at California Service Center, NOA-1 mailed: 09/15/2014

07 NOA-1 received; Priority date is 09/15/2014: 09/19/2014

176 RFE received: 03/07/2015

238 RFE response mailed to CSC: 05/08/2015

242 RFE response received at CSC; Decision to be made before 07/11/2015: 05/12/2015

308 Approved; NOA-2 mailed: 07/17/2015

314 NOA-2 received; Case sent to NVC: 07/23/2015

371 Welcome Letter received; Choice of Agent form submitted: 09/18/2015

374 AoS fee paid: 09/21/2015

416 IV fee paid; IV application submitted: 11/02/2015

452 IV and AoS packets mailed: 12/08/2015

455 Documents received at NVC; Waiting for CC: 12/11/2015

502 Case Complete; Wating for IL: 01/27/2016

504 Interview scheduled for 03/11/2016: 01/29/2016

523 Medical exam: 02/17/2016 Passed

546 Interview: 03/11/2016 PASSED!

549 Visa issued: 03/14/2016

588 POE LAX: 04/22/2016

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Boiler Grand Master

Boiler   43,596

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Nope, suggest you research more.

“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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OKflyboy Rising Star

OKflyboy   35

Posted
Filed: F-2A Visa Country: Russia
 Timeline
  • Author
Posted

Nope, suggest you research more.

It has nothing to do with my original question.

Ara & Anya - Tucson, Arizona

IR-5 for my (Anya's) mother
00 Filed: 03/08/2013

536 POE: 08/26/2014

Father

00 I-130 mailed to Phoenix Lockbox: 05/28/2014

455 POE LAX: 09/03/2015

Brother (9 years old, A2A through LPR mother)

I-130

00 Filed: 09/12/2014

03 Petition accepted at California Service Center, NOA-1 mailed: 09/15/2014

07 NOA-1 received; Priority date is 09/15/2014: 09/19/2014

176 RFE received: 03/07/2015

238 RFE response mailed to CSC: 05/08/2015

242 RFE response received at CSC; Decision to be made before 07/11/2015: 05/12/2015

308 Approved; NOA-2 mailed: 07/17/2015

314 NOA-2 received; Case sent to NVC: 07/23/2015

371 Welcome Letter received; Choice of Agent form submitted: 09/18/2015

374 AoS fee paid: 09/21/2015

416 IV fee paid; IV application submitted: 11/02/2015

452 IV and AoS packets mailed: 12/08/2015

455 Documents received at NVC; Waiting for CC: 12/11/2015

502 Case Complete; Wating for IL: 01/27/2016

504 Interview scheduled for 03/11/2016: 01/29/2016

523 Medical exam: 02/17/2016 Passed

546 Interview: 03/11/2016 PASSED!

549 Visa issued: 03/14/2016

588 POE LAX: 04/22/2016

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