Can my wife, who will be receiving her CR-1 spousal visa, bring her niece to the States?

[Pinkrlion 2,607]

I am not attempting visa fraud I am asking what visa would be best for her niece because we are taking care of her until her mom comes back from studying in France.

Then it would not be in your best interest to try to immigrate until her mother finishes school, otherwise she can return to her mother in France. There is no visa your niece can obtain and live with you in the US.

[HFM181818 748]

sheesh...does it ever end? Why is this girl not in France? There is no visa class for babysitting a relative's child....a tourist visa is for tourists, not for kids who want to attend public school on the taxpayer's dime.....

[Unlockable 7,306]

I am not attempting visa fraud I am asking what visa would be best for her niece because we are taking care of her until her mom comes back from studying in France.

Anthony12345,

Try not to get offended when someone mentions immigration fraud. Based on the information provided it seems as if you are intending to bring your niece here to live with you. Again this is from the outside in which is important because this is how an immigration officer will see it. I see many people become defensive when immigration fraud is mentioned. Even if you sincerely have no intention to if you keep your niece here longer than what she is approved for is, in fact, illegal. You mentioned that you want to take care of your niece here for about a year. What happens if the tourist visa is only 6 months? Or 3 months?

It seems the tourist visa or a student visa is your only options. There are NO visas for nieces or nephews. If your go the tourist visa route then, as already mentioned, this will be very difficult for your niece to receive if you are taking care of her. I am assuming she is living with your wife. If your niece is living with her and relies on her for support there is less of a reason for her to return her country. Even worse is that your niece's biological mother isn't even living in her country. Remember that USCIS is looking for reasons for the applicant to return to their home country not why they want to visit the US. Living and being taken care of by your newly visa approved wife while the niece's mother lives in another country is almost a guaranteed denial. But you can always try.

Continue researching and good luck to you.

[Cathi 5,610]

Anthony12345,

Try not to get offended when someone mentions immigration fraud. Based on the information provided it seems as if you are intending to bring your niece here to live with you. Again this is from the outside in which is important because this is how an immigration officer will see it. I see many people become defensive when immigration fraud is mentioned. Even if you sincerely have no intention to if you keep your niece here longer than what she is approved for is, in fact, illegal. You mentioned that you want to take care of your niece here for about a year. What happens if the tourist visa is only 6 months? Or 3 months?

It seems the tourist visa or a student visa is your only options. There are NO visas for nieces or nephews. If your go the tourist visa route then, as already mentioned, this will be very difficult for your niece to receive if you are taking care of her. I am assuming she is living with your wife. If your niece is living with her and relies on her for support there is less of a reason for her to return her country. Even worse is that your niece's biological mother isn't even living in her country. Remember that USCIS is looking for reasons for the applicant to return to their home country not why they want to visit the US. Living and being taken care of by your newly visa approved wife while the niece's mother lives in another country is almost a guaranteed denial. But you can always try.

Continue researching and good luck to you.

tourist visa is NOT an option as she wants the child to attend school here. Tourist visas are for tourism, NOT for attending school.

[HFM181818 748]

Not if someone wants a free ride.....

[OKflyboy 35]

Unfortunately, no. My brother was repeatedly denied a B visa to come with our mother, and our reasons to apply were more than serious, even grave. My mother was still accused of immigration fraud.

If the mother is alive and well and her parental rights has not been terminated, it will be assumed that the girl should go to France, if she has to leave her native country at all. Aside from immigration fraud, think illegal adoption. You don't need that.

[Penguin_ie 5,986]

A good quality boarding school in the home country is likely the best option here.

[Girl from Celebes 588]

If she is going to move countries would not France be a more obvious location so she can be with her mother?

When I read his replied that was my though exactly.

If the mother is a student in France, there is a possibility to bring family with her as I have known many of my friends got scholarship in another countries and they were allowed to bring their families with them.

[Ortolan 381]

I think it would be hard to even bring your niece on a tourist visa, seeing as how she's only 9 years old. For one, she has to show "strong ties to return" and that would be difficult if her mother isn't even there and you have custodial privileges. Shows a pretty palpable intent to bring her to stay. My sympathies, really...it's kind of a sad situation for the little girl.

I guess the choice would be maybe to delay your wife's immigration for a year?

[Boiler 43,485]

I guess the choice would be maybe to delay your wife's immigration for a year?

Also a good option.

[Avery Cates 1,141]

I guess the choice would be maybe to delay your wife's immigration for a year?

Bam, stamp it and send it.