Unique Family Situation

[Mike E 11,730]

20 minutes ago, SusieQQQ said:

Except the F1 visas may be denied for immigrant intent then the waiting is all in vain.

An analogy would be that a family of five waits for an open car on the roller coaster instead of riding separately. By the time an open car shows up, there is a thunder storm.
 

I’ve never allowed the chance of rain to dictate my recreational plans.   

[Timona 3,977]

28 minutes ago, WonderingTT said:

Thanks. They don't require special schooling or medical.

 

I am actually curious as to what you meant by "special needs." 

[SusieQQQ 11,585]

42 minutes ago, Mike E said:

An analogy would be that a family of five waits for an open car on the roller coaster instead of riding separately. By the time an open car shows up, there is a thunder storm.
 

I’ve never allowed the chance of rain to dictate my recreational plans.   

Your analogy doesn’t work at all because F1 is a non immigrant visa and you are required to be able to overcome immigrant intent. It is not a “maybe chance thing that may or may not happen”. Plenty F1 applications get denied for immigrant intent, and here you want the rest of the family to go with immigrant visas while some are already USCs at the same time and expect a CO to be oblivious ? Nah. It would imo be pretty …dumb to spend years waiting for a plan to happen when you know there is a good chance it won’t work out, when you have a perfectly workable alternative that gets everyone not just into the US but actual green cards faster, the trade-off being some separation in the interim. Especially when the path you are waiting for starts losing you options becaeue the kids are getting older.  Green cards are a bit more important than an amusement park ride. YMMV.

Edited August 19, 2021 by SusieQQQ

[HRQX 4,145]

3 hours ago, WonderingTT said:

they still cannot be with us...hence, separating the family.

After the IR-5 visas are issued at least 1 parent should do the following:

• Enter the US with the IR-5 visa
• File two I-130 petitions for F2A process. I recommend online filing for that: https://www.uscis.gov/i-130
• File I-131 application (by mail) to request Reentry permit
• Open bank account, etc. to establish his/her US domicile
• Wait for and then attend the biometrics appointment for the Reentry permit process.
• Leave the US after attending the biometrics appointment. https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf "you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics (photo, fingerprints) have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, consulate or a DHS office overseas, so you can pick it up from one of those facilities." On the I-131 application the LPR can indicate that the Reentry permit will be picked up at the preferred US consulate/embassy.

[Ryan H 3,797]

***Post violating the TOS (condoning visa fraud) removed; Administrative Action taken.***

[JamKid 36]

If I was OP, I would go the route of US citizen child filing one IR5 I-130, then when that parent is in the US, they file one I-130 as an LPR for the remaining parent and add the minor kids as derivatives. At least they would save some money on filing more I-130s and one parent would be with the younger children and the other parent with the older child, until they are all reunited. 

[SusieQQQ 11,585]

1 hour ago, JamKid said:

If I was OP, I would go the route of US citizen child filing one IR5 I-130, then when that parent is in the US, they file one I-130 as an LPR for the remaining parent and add the minor kids as derivatives. At least they would save some money on filing more I-130s and one parent would be with the younger children and the other parent with the older child, until they are all reunited. 

It’s definitely the cheaper option (only one more i130 after IR5 and no re-entry permit). Some people however might consider that both having green cards as soon as possible is the safer option.