Immigrate and bring my daughter

[haljbr 4]

Hi folks.

Any advice will be a apreciated

My situation:

I do not have an interview schedule yet, but will be soon (I hope) so I want to be prepared.

My case is F1.

When I applied to my case, back in 2006, I applied to my daughter too. (At that time she was 6 years old, now she is 13)

In 2009 I had another one (boy) but I didn't applied to him.

My intention is go to USA, find job and house and after that bring her with me. (The boy won't go now, but he is named as my son on all documents (ds-260, ds-230, I-864, etc).

Will I have problems with this situation at interview? I am being honest. I want to go first and after that bring my daughter to be with me.

[nomadnoor 29]

Well since the visa your applying for is a student visa - it may weigh not in your favor that you have two kids and only plan on bringing one. If you have sent paperwork for your oldest child - your daughter, why not your son? If you have mentioned him in your documents you maybe asked in your interview - what are you plans for caring for both your children if they don't get visas and you do? or how will you care for the son you leave behind?

Be honest - and seriously think about the questions I ask here and make a plan on how to care for your kids - while you study in the US without them or with one but not the other or with both - they will want a concrete action plan.

I hope this helps.

[NigeriaorBust 4,087]

Students are only allowed very limited part time work on campus. I think you are trying for the wrong visa type.

[haljbr 4]

Sorry if I was not clear enough.

My visa type is F1 - Unmarried son over 21 years old of citizen.

I am not a student.

[aaron2020 11,651]

You will not have a problem at the interview if you choose to bring only one child to the US.

Both of your children can immigrate with you if you apply for visas for them.

If you leave a child behind without an immigration visa, then you will need to file an I-130 petition for that child. This could take a year or 3 years.

Are you planning to bring the other parent to the US?

Edited December 17, 2013 by aaron2020

[haljbr 4]

You will not have a problem at the interview if you choose to bring only one child to the US.

Both of your children can immigrate with you if you apply for visas for them.

If you leave a child behind without an immigration visa, then you will need to file an I-130 petition for that child. This could take a year or 3 years.

Are you planning to bring the other parent to the US?

Thank you for your explanation aaron2020.

In my plans are just me and my daughter.

At first time, as I said, just me. and maybe 6 months later she.

I am worried about interview cause I will tell CO that I gonna go first and after get a job, continue with her application to bring her.

[aaron2020 11,651]

Thank you for your explanation aaron2020.

In my plans are just me and my daughter.

At first time, as I said, just me. and maybe 6 months later she.

I am worried about interview cause I will tell CO that I gonna go first and after get a job, continue with her application to bring her.

It's going to take longer than 6 months to bring the second child to the US if you choose not to get a visa for him when you get one.

IMHO, you are better off getting immigration visas for both children. Once you are settled in, then the other child can come. The visas are generally good for 6 months after the medical exams.

If you file a new I-130 for your child, it could take up to 3 years (if the F2a timeline goes back to the average prior to the last 6 months).

Edited December 18, 2013 by aaron2020

[apple21 953]

I agree with aaron2020, better to take the children with you and save yourself the headache of filing.

If they don't like living in the US, they can always get a re-entry permit so they can go back to Brazil without losing their LPR status.

[haljbr 4]

Thanks for reply.

But my first daughter already have PD (as I have) on jun/2006.

And my second son doesn't (he wasn't born yet in 2006).

Do I need apply with I-130?

[aaron2020 11,651]

Thanks for reply.

But my first daughter already have PD (as I have) on jun/2006.

And my second son doesn't (he wasn't born yet in 2006).

Do I need apply with I-130?

You can add your son to your petition. He can get a visa at the same time as you and your daughter. All you need to do is inform the NVC or the US Embassy and file an immigrant visa application for your son. There is no need for a new I-130.

Your daughter does not have the same PD as you. Your daughter does not even have a PD. Your parent filed one petition for you, so only you have a PD. The petition for you includes all your children under age 21 when YOUR PD BECOMES CURRENT which means it includes both your children.

Edited December 18, 2013 by aaron2020

[haljbr 4]

You can add your son to your petition. He can get a visa at the same time as you and your daughter. All you need to do is inform the NVC or the US Embassy and file an immigrant visa application for your son. There is no need for a new I-130.

Your daughter does not have the same PD as you. Your daughter does not even have a PD. Your parent filed one petition for you, so only you have a PD. The petition for you includes all your children under age 21 when YOUR PD BECOMES CURRENT which means it includes both your children.

Ow. I didn't know about that.

That's a great information aaron2020.

I tried to find out any information about this at nvc and uscis but I couldn't find.

Do you have any reference about this? web link?

But as I know I must pay taxes for them.

And when my mother filled I-130 to me she did the same to my daugther.

Edited December 18, 2013 by haljbr

[aaron2020 11,651]

Ow. I didn't know about that.

That's a great information aaron2020.

I tried to find out any information about this at nvc and uscis but I couldn't find.

Do you have any reference about this? web link?

But as I know I must pay taxes for them.

And when my mother filled I-130 to me she did the same to my daugther.

http://travel.state.gov/visa/immigrants/types/types_1306.html#members

Think logically, why would the US let you immigrate and force you to leave a baby behind? The US is not cruel like that. When you immigrate, you get to take all your unmarried children under age 21 with you.

Why would you need to pay taxes for them? Where are you getting this information from? You as the principal beneficiary do NOT PAY TAXES to get immigration visas for your children.

[haljbr 4]

Ok I got information about pay the taxes from web link you send me

"...Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations..."

But thank you a lot Aaron.

I gonna continue searching for more details about this issue.

If anyone at this forum could give more deep information would be great.

[aaron2020 11,651]

Ok I got information about pay the taxes from web link you send me

"...Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations..."

But thank you a lot Aaron.

I gonna continue searching for more details about this issue.

If anyone at this forum could give more deep information would be great.

What you quoted does not say anything about taxes. How are your reading it that you have to pay taxes?

[haljbr 4]

What you quoted does not say anything about taxes. How are your reading it that you have to pay taxes?

I am sorry. Maybe its better say fees.