I-130 or student visa? Which is the best way forward?

[John Smith 23 0]

OK, this is the situation: I am a UK citizen (male) who is a LPR in the US because my wife is American (we married June 2012; I got my green card March 2013). I have three kids in France from my previous marriage, two of whom want to come over and live in the US with us.

Well, one of them is absolutely sure about this. He is 17 and wants to live with us in Texas, work on his golf game and take a few classes at the local college prior to applying for US universities with golf programs the following year.

The other one is 15 and would like to come here to be a junior in high school next year. However, he is not 100% sure about this yet, and would like more time to come to a final decision.

I have read that the I-130 process can take between 5 and 9 months (my wife will file it as their stepmother), but does that include the interview etc? In other words, if I apply for son number 1 now, what are my chances that he will have his green card by next July or August? And if the green card does not arrive in time, what are my options?

As for son number 2, I could apply for his green card at the same time, but if he decides against coming next year, what effect would that have? Would he lose future green card eligibility? Or would we just lose $420?

And, in the short term, are there any more surefire alternatives to the I-130? Any student visas that would allow them to live here for a year or so while we wait for their green cards to come through?

Sorry this is such a complex problem. Any thoughts or insights would be welcome...

[Darnell 8,478]

remember the phases on yer stuff?

USCIS?

NVC doc intake and fee payment?

Consular Scheduling at NVC?

Interview?

is no way the entire process takes between 5 to 9 months unless an expedite is asked for on I-130 submittal.

I'll suggest to you that focusing solely on the I-130 process is 'not enough' when yer studying a calendar.

IIRC, Adjustment of Status is also available, but folk don't want to talk about it here, there's a nice Venn diagram concerning immigration fraud.

[John Smith 23 0]

Would entering school here constitute a good enough reason for an expedite?

[Darnell 8,478]

for a student visa, yes.

for a green card, no.

[John Smith 23 0]

OK, thanks. So what kind of student visa should we be looking at? And would there be a problem in applying for a green card for son number 1 in the meantime?

[jan22 3,056]

To get student visas, you have to convince the visa officer that you have no intent to stay in the US; it is not supposed to be used to immigrate to the US to wait for the process there.

Also, student visas are for students enrolled in a full-time course of study in a degree-granting program, not for those who want to take a few classes and practice golf while waiting to be a full-time student.

And, it is not for public high school students. You can, if you meet all of the other requirements, get a student visa for one year of public high school -- but you have to pay the full, un-subsidized cost of the school before the visa can be granted, while is usually more than $10,000. (The other alternative is private school, of course).