Complicated situation.. needs some thoughts about these..

[Jojo92122 1,924]

Just now, Hijessie said:

I was reading some thread also, others says that dont tell that the father is in US because of the possibilities that we wont go back in our country

 

Others are recommending that you lie to the US Embassy.  Once you are labeled a liar, don't expect them to give you immigration visas in the future.  Lying on the visitor visa applications can cost you a lot.

[Hijessie 0]

1 minute ago, NuestraUnion said:

Do you two still have a relationship? In your first post you stated he is your bf. If so, then you definitely are a risk of immigrating in the eyes of the CO. You have his child that he wants to see and he is in the process of trying to gain permanent residency.

Yes we're still in a relationship sounds impossible but we're not giving up yet 😁

[Unlockable 7,318]

1 minute ago, Hijessie said:

Yes we're still in a relationship sounds impossible but we're not giving up yet 😁

Then I say you can try for another visitor visa BUT DO NOT LIE to the officer. If you get it, great. If not, then when your bf gets his green card he can come and visit you.

[Jojo92122 1,924]

The BF is not going to get a green card.  He can not AOS when he is out of status and is not an Immediate Relative of a USC.  He will remain a visa overstay in the US.  He will never have the ability to petition for a spouse, fiancee, or child. 

 

Sorry, but your BF made a gigantic mistake by choosing to overstay his visa and become illegal in the US.  The I-130 filed for him is worthless since he can not file to AOS.

[Hijessie 0]

23 minutes ago, NuestraUnion said:

Then you need to get more details in order for anyone to help you.

 

If his family "applied there as immigrant" then that means he would have a green card also. Which means he can travel out of the US.

But it really sounds like only his mother has had status (a green card) and the rest of the family is living there illegally waiting for her to become a US citizen so she can petition for them to become legal.

Thanks

[az2014 381]

Tell the truth when applying.

 

Sounds like a slam dunk case for a denial, and rightly so.

[Auds 223]

Maybe just maybe if you are true to each other. He can let go of the US and come be with you.

 

No way you will get a tourist visa with a bf and child's father who is illegal!

[mrtravel 40]

What kind of petition?  
What visa did he use to enter the US?

You indicated he needed to go to the US as an immigrant in 2008

 

You are bringing your son to visit his father in the US who seems to not be here legally, based on what you have said so far.
On your previous visa attempts did you indicated you had a BF and the father of your son living in the US?

It is a bit difficult for them to approve you to enter the US, especially due to his status.
 

"Yeah he changed his visa to working visa so he can stay legally"

Not logical.  If he has a visa permitting him to work, then he would be able to leave the country and return.

 

Edited June 1, 2017 by mrtravel

[Liam2021 587]

If you want everyone here helped you, just tell the truth. The more you hiding the true, the more complicated your situation .

[Coco8 1,050]

If you had gotten married you could have been included in the green card petition. The same for you son. Did he do this for you? 

 

But I see others are saying he will not get a green card. 

 

If he is illegal and you want to visit, you will have to mention him and they will know he overstayed. Plus, he is the father of your son and they will find out when you give your son's information (unless he is not listed as his father). 

[Jojo92122 1,924]

10 minutes ago, Coco8 said:

If you had gotten married you could have been included in the green card petition. The same for you son. Did he do this for you? 

 

But I see others are saying he will not get a green card. 

 

If he is illegal and you want to visit, you will have to mention him and they will know he overstayed. Plus, he is the father of your son and they will find out when you give your son's information (unless he is not listed as his father). 

BF's mother was an LPR and only recently became a USC, so marriage would have automatically voided the petition.

 

Even if the girlfriend and son were included, no one would get a green card since the primary beneficiary is living illegally in the US.  There is no forgiveness of a visa overstay for an adult son of a USC.

 

The BF's only path to a green card is to marry a US citizen.  That's the only way he can be the Immediate Relative of a USC and adjust status with a visa overstay.

 

OP is avoiding the truth.  She will not admit that her BF is a visitor visa overstay.  She is trying to hide this.  She has avoided answering questions about his legal status.

Edited June 1, 2017 by Jojo92122

[Boiler 46,884]

I am sure the OP knows the real situation, economical with the truth is what we call it.

[Andrea&Henry 311]

Not trying to be rude or anything but or your boyfriend is lying to you and/or you are not being a 100% honest.

 

Here is your situation and the different scenarios:

 

1. You say your BF came on a working visa. Do you know how difficult it is to get one? unless your boyfriend has an special career/ability, working visas are not so common. Most of the people who I personally know with working visa, have truly unique skills that justifies a company paying thousands of dollars to sponsor a visa (taking into consideration: relocation benefits).The majority of people I know with working visa are able to successfully adjust after certain period of time, and get a permanent residency, if your boyfriend was indeed in a working visa (which honestly I highly doubt), he should be a green card holder a long time ago. And if he was dropped/fired or lose his sponsorship he completely OUT OF STATUS aka Illegal. 
2. What I think what truly happened is that he came to the States with a tourist status and decided to stay, that means, he overstayed. After a year of being here illegal he is pretty much banned to entering the States if he gets out, that's the main reason he cannot go and visit you. So we end with the same results: he is ILLEGAL.
3. His mom is a permanent residence, and although Green Card holders have immigration benefits for their immediate relatives, he is an adult that decided to stay ILLEGAL and that is not forgiven by the USCIS. Even is his mom become in an USC next week, he wouldn't get residency either. The only way I know for sure you can get almost 10 years of illegal residency forgiven is by marrying an USC. That means your BF needs to marry someone else, which is pretty much fraud because he would be entering a marriage with the solely purpose of becoming legal, which is FRAUD. And if he truly falls in love, get marry and becomes legal not only you would be pretty much screwed up but your kid would be the only one that could be beneficiary if he dads later on becomes in GC or USC while your son is underage.
4. Saying the you should lie and not tell the truth is not only WRONG but won't grant you a tourist visa, and actually is worst if they finds out you lie. And if you tell the truth, base on your past visa history is very likely you won't get it either.
5. Is important for you to know and understand that you need to come clean not only here in Visajourney but also anything related to US immigration. If you came here thinking you will find a quick fix or we would encourage you to lie, you came to the wrong site mam. I'm a mom as well and I know you would do anything to make your kids happy but your BF made a lot of  mistakes (and probably he hasn't been very honest either)  that made everything harder for you and your son. So don't make the same mistake and get things only more difficult for the 2 of you in terms of immigration.

 

 

Edited June 1, 2017 by Andrea&Henry

[Boiler 46,884]

Pretty obvious to most people here what was going on from the first post, even more so to the Consulate who have seen and heard it all many times before.

[JoannaV 174]

Could your son visit the US with your mom and sister?

(Asking this question of the OP and also of other people who will have a better idea than I as to whether the son would actually be more likely to be approved for a visa if his mother is waiting at home for him.)