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Filed: Timeline
Posted

This is an extremely sad situation.

 

The BF has no means to become legal in the US.  This means there is no path to the US for the GF and their son.  

 

Suggesting that the son apply without the mother is a no-go.  US Embassy will wonder why mom is not going.  While she is a tie to the Philippines, the father is a tie to the US.  Seems like it's just shipping the child to the US to be with dad which will make it next to impossible for the child to get a visitor visa.  It's unlikely to happen as long as he's a minor and dad's an illegal.

Filed: K-1 Visa Country: Wales
Timeline
Posted
2 hours ago, JoannaV said:

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.)

To visit a father who is illegal in the US?

“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.”

Filed: AOS (apr) Country: Canada
Timeline
Posted

look, the OP just asked if she can get a tourist visa.. people dont need to lecture her on her bf's choices and why he shouldnt have overstayed!!!! she already said he cant leave so why does it matter what the reason that he cant leave isnt??

 

To the OP: you will need to say you have a boyfriend in the usa but unless asked u dont need to say he cant leave or whatever. also, they will know you have a USC child.  the chances of you getting a tourist visa are very very slim!

 

I am sorry to tell you this, but you know your situation best and good luck trying to make this work!!!! 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Reason does matter

 

Child is not a USC.

“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.”

Filed: Country:
Timeline
Posted

Here's my 2 ideas from situations I've seen on the visa line:

 

1) Just have you son apply for a visa with his grandmother. You can go to the interview with them and say that you just want him to visit his father. If your mother has used her visa well, there's a chance the officer will approve your son (probably just for a one time visa). 

 

2) Your boyfriend will have to come back home eventually. As the child of a U.S. citizen he's eligible for an I-601 waiver of unlawful presence. When he becomes an LPR he can petition for you and your son. He should just move home and do things the legal way.   

Filed: Country:
Timeline
Posted
1 hour ago, Boiler said:

To visit a father who is illegal in the US?

Sure. I've said yes in this situation in Asia. I would say no in Latin America as the family can just send the children on tourist visas while the other parent can go "mojado" over the border. 

Filed: Timeline
Posted
3 hours ago, caliliving said:

look, the OP just asked if she can get a tourist visa.. people dont need to lecture her on her bf's choices and why he shouldnt have overstayed!!!! she already said he cant leave so why does it matter what the reason that he cant leave isnt??

 

To the OP: you will need to say you have a boyfriend in the usa but unless asked u dont need to say he cant leave or whatever. also, they will know you have a USC child.  the chances of you getting a tourist visa are very very slim!

 

I am sorry to tell you this, but you know your situation best and good luck trying to make this work!!!! 

OP never stated that he overstayed.  She has purposely avoided answering any questions about his status.

 

It matters because he is here illegally after overstaying on a visitor visa, and his GF and son are both applying for visitor visas.  His status is relevant to their applications.

 
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