USC daughter petitioned for father

[indhiraastacio 38]

Any one familiar with this case please chime in.

A usc daughter petitioned for her dad, they are now at the NVC stage. The father has two minor children and is currently married.

Question. Upon approval will his wife and minor children get visas?

[aaron2020 11,651]

Hi,

No. His wife and children will not get visas. When a USC petitions for a parent, only the parent is eligible for a visa.

Once dad gets his green card, he can file for his wife and children. It will take 2-3 years.

Best of luck

Edited July 14, 2015 by aaron2020

[aleful 1,905]

hi

ditto

there are no derivatives for petition of parents

[apple21 953]

No visa for wife and kids. prepare them for the separation.

[indhiraastacio 38]

No visa for wife and kids. prepare them for the separation.

Thanks for the reply though you are wrong on the separation as the wife and kids have tourist visas, and so does he.

[Anh map 2,098]

Thanks for the reply though you are wrong on the separation as the wife and kids have tourist visas, and so does he.

Tourist visas are for visiting, not for moving to the US and living there. So to stay within the law, they will not be able to relocate to the US with the beneficiary father using tourist visas.

Choose your steps wisely. No need for someone to earn a ban, etc. Not being truthful is one of the things that can cause a person to be banned.

[NigeriaorBust 4,087]

An LPR ( which is what the father will become ) can NOT use the I 485 form for family members in the US on tourist visas. The children have no path to stay for several years. How old was the daughter when the father married the step mother ?

[indhiraastacio 38]

Tourist visas are for visiting, not for moving to the US and living there. So to stay within the law, they will not be able to relocate to the US with the beneficiary father using tourist visas.

Choose your steps wisely. No need for someone to earn a ban, etc. Not being truthful is one of the things that can cause a person to be banned.

I understand that tourist visa are for visiting but my point is that their will be no separation becasuse the wife and kids will be able to travel back and forth since they have a visa, heck, i wish that my husband wouldve had a tourist visa, i wouldnt feel the weight of the wait if he was able to travel back and forth with me to the states. Bottom line is, we are on this sight to uplift and see every way in which we can help make the JOURNEY easier for one another. Its true that many families do have to separate because of this process but lets not forget that separating is a CHOICE and not an obligation.

[indhiraastacio 38]

An LPR ( which is what the father will become ) can NOT use the I 485 form for family members in the US on tourist visas. The children have no path to stay for several years. How old was the daughter when the father married the step mother ?

the father himself will not stay in the us for several years, he would use his green card to travel back and forth, just how they do now. Its really pointless for him to get a greencard since hes alrealdy able to travel freely. Im assuming his greencard will serve him when he opens his business in the states and will be able to make a living in the states legally. The daughter was already an adul, not sure how old when her father re-married.

[indhiraastacio 38]

the father himself will not stay in the us for several years, he would use his green card to travel back and forth, just how they do now. Its really pointless for him to get a greencard since hes alrealdy able to travel freely. Im assuming his greencard will serve him when he opens his business in the states and will be able to make a living in the states legally. The daughter was already an adul, not sure how old when her father re-married.

And i cant understand the first part of your comment but I clarify, the father is the beneficiary of an i130 but prior to being petitioned he and his family where and are tourist visa holders, good for ten years, recently renewed.Those are the FACTS.

[belinda63 2,981]

You need to be aware that the father, as an LPR, is required to reside in the US. He must maintain ties to the US such as a permanent address, pay taxes, etc. as well as spend more time inside the US than outside.

[indhiraastacio 38]

Thank you all for your feedback. I will let him know that HIS FAMILY WILL NOT BE INCLUDED IN HIS PETION AND THAT HE WILL HAVE TO PETITION FOR THEM ONCE HE BECOMES A LPR. :-)

You need to be aware that the father, as an LPR, is required to reside in the US. He must maintain ties to the US such as a permanent address, pay taxes, etc. as well as spend more time inside the US than outside.

Yes im aware, but thanks.

[Janasantana 0]

Hi,if the father married before daughter turned 18 then daugther can also file for stepmother.

[apple21 953]

Thanks for the reply though you are wrong on the separation as the wife and kids have tourist visas, and so does he.

There will be separation at some point so better educate them now. Seems like money for travel is not a problem in your family just be careful not to abuse the system.

[indhiraastacio 38]

There will be separation at some point so better educate them now. Seems like money for travel is not a problem in your family just be careful not to abuse the system.

Thank you again but I don't think that traveling back and forth as a tourist and spending money in the US while doing so is abusing the system. Nor opening a tax paying business as a LPR clasifies as abuse, it's more like contributing to the economy.