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lanadavis239

which way is better to bring my son to USA

By lanadavis239 in What Visa Do I Need - Family Based Immigration

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lanadavis239 Newbie

lanadavis239   0

Posted
Filed: AOS (apr) Country: Vietnam
 Timeline
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I have a 10-year-old son who live in Vietnam with my parents right now. I'm a single mom and he have no father. May 2014 i came to US with visitor visa and get married with my husband, he is a USC. Now I'm a LPR and want to bring my son here to join me. I know that it's faster to let my husband do petition him because he's USC. But I want he can come to US while his paperwork is process. My plan is get him a visitor visa and we can submit his paperwork from inside US. One problem for that plan: he cannot attend school until he gets his green card. I already applied application for him to get visitor visa and have interview on Jun 16th. I'm not sure he can get visitor visa or not.

In case he cannot have visa, I have to do paperwork for him while he's still in Vietnam. So Can I bring him here when I-130 already submitted? If Yes, What kind of Visa I have to apply for him to get him here while waiting? Anyone know about how long the process take from I start file form I-130 until he can go to USA?

Thank you for your reading

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NikLR Grand Master

NikLR   13,220

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Filed: Lift. Cond. (apr) Country: Canada
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You have to do the paperwork with him in Vietnam. If your husband is the petitioner it should take about a year, maybe less as he's a minor child.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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lanadavis239 Newbie

lanadavis239   0

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Filed: AOS (apr) Country: Vietnam
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I understand that's not a right way but my parents is too old right now. I left last year and they're still fine, but this year my dad is became worse (he starts to have Parkinson symptoms) and cannot help me to take care of my son anymore. I'm pregnant and cannot come back over there to take care of him and i'm not allow to stay in Vietnam over 6 months

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NikLR Grand Master

NikLR   13,220

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Filed: Lift. Cond. (apr) Country: Canada
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No you don't understand. It's not just "not the right way" it is ILLEGAL.

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I am sorry that your father is sick. However the only legal route open to you now is to have your spouse or yourself petition for your son. If the USC petitions it takes about a year. If you petition it takes much longer.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Boiler Grand Master

Boiler   43,434

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Filed: K-1 Visa Country: Wales
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Assuming your husband is prepared to file for him it will take about a year.

“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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JRF Community Regular

JRF   117

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Filed: Timeline
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No you don't understand. It's not just "not the right way" it is ILLEGAL.

I am sorry that your father is sick. However the only legal route open to you now is to have your spouse or yourself petition for your son. If the USC petitions it takes about a year. If you petition it takes much longer.

Very well said!

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Transborderwife Veteran

Transborderwife   4,666

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Filed: Other Country: Canada
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I understand that's not a right way but my parents is too old right now. I left last year and they're still fine, but this year my dad is became worse (he starts to have Parkinson symptoms) and cannot help me to take care of my son anymore. I'm pregnant and cannot come back over there to take care of him and i'm not allow to stay in Vietnam over 6 months

Well why didn't you have him with you in the first place? It's illegal plain and simple. Tough bananas.

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
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You need to file the an I130 ( your USC hubby) and then apply for an expedite based on his caregivers failing health. Other choice is you apply for a reentry permit and go stay with him while his petition is processed. If you proceed with your illegal plan he could get banned for live for immigration fraud then you will have to find some to care for him forever.

This will not be over quickly. You will not enjoy this.

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Ryan H Grand Master

Ryan H   3,790

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted (edited)

***Thread closed to additional discussion under the below quoted provision of the TOS. The OP has been given answers as to the only available path. Do not restart this thread.***

By way of example, and not as a limitation, you agree that when using the Service, you will not:

  • Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.
Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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