7 year old child of LPR

[Crazy Cat 45,487]

Just now, P&G2019 said:

Understood and thank you! Is there any possibility for the father to take him to the interview and perhaps a form where she would authorize it? 

That is possible.....depends on what the embassy wants as authorization.  

[P&G2019 67]

Just now, Crazy Cat said:

That is possible.....depends on what the embassy wants as authorization.  

Okay, thank you. 

[jan22 3,186]

It appears from your responses to posters that you do not have a clear picture of the non-immigrant visa application process, which is understandable because you've never had to go through it.  It is nothing like the process you did for the K-1. So, it might help to review few points to help you get a better picture.  A general outline of the process can be reviewed at https://co.usembassy.gov/visas/nonimmigrant-visas/.

 

First of all, he must have a passport to even begin the process.

 

Secondly, right now there is a very long wait for a visa interview appointment -- 699 days in Bogota.  You can track that at the following website: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html.  Even though the child is not required to have a personal interview due to his age, the Embassy can always require one in any application, and almost always will require a parent to attend an interview before they consider issuing a visa to a minor child unless his/her custodial parent has been interviewed and issued a B1/B2 visa for himself/herself already.  

 

The reason for that is based in US immigration law that requires the consular officer to assume that any non-immigrant visa applicant (or the parent of a minor child applying on the child's behalf) intends to immigrate and stay (or have the child immigrate and stay) in the US until he/she convinces the consular officer otherwise.  It is more difficult to overcome that assumption when there is a US LPR parent with whom the child could live -- especially if the LPR is the one being interviewed about the child.  It is usually better for the non-LPR parent (in this case, the mother) to do the interview to show her clear intention for the child to return home and not stay in the US and explain all the reasons why.

Edited April 9, 2022 by jan22

[Mike E 11,764]

So far it is not said in this thread so I will say it.
 

 I won’t be surprised if the son is denied  a B visa due to the father being an LPR married to the son’s step parent. If anything if the LPR father applies on behalf of son and brings him to the interview, this makes denial even more likely.   

[P&G2019 67]

2 minutes ago, Mike E said:

So far it is not said in this thread so I will say it.
 

 I won’t be surprised if the son is denied  a B visa due to the father being an LPR married to the son’s step parent. If anything if the LPR father applies on behalf of son and brings him to the interview, this makes denial even more likely.   

Thank you for sharing and being honest. 
 

You know why perhaps I was confused? We want to do everything by the books and when we went to the interview for my husband’s green card the officer asked if we planned to bring him since he wasn’t here as a K2. Yes, the K2 is now dead but my husband’s intentions were for him to visit during school vacation and the officer told us we can later apply for his green card if he plans to live here. If not the visitors visa. We said okay.
You don’t know how many people have told us just apply for his green card and bring him. We’ve explained that yes it can be a possibility down the road if his son ever decides he would like to live here with us and obviously if his mother approves it. however I believe the correct route is applying for the visitor’s visa as those are the true intentions. Now I’m surprised to hear he’d be “denied” considering we technically could go down the green card and talk to his mother but we wanted to first  start bringing him here to spend time with his dad and new baby brother. 
 

others have also told me to have the dad apply on his behalf because he’s an LPR and the intentions are to visit. It’s all very confusing and honestly just want to make sure we have all the correct information prior to applying and to minimize the denial. 
 

again thank you! 

1 hour ago, jan22 said:

It appears from your responses to posters that you do not have a clear picture of the non-immigrant visa application process, which is understandable because you've never had to go through it.  It is nothing like the process you did for the K-1. So, it might help to review few points to help you get a better picture.  A general outline of the process can be reviewed at https://co.usembassy.gov/visas/nonimmigrant-visas/.

 

First of all, he must have a passport to even begin the process.

 

Secondly, right now there is a very long wait for a visa interview appointment -- 699 days in Bogota.  You can track that at the following website: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html.  Even though the child is not required to have a personal interview due to his age, the Embassy can always require one in any application, and almost always will require a parent to attend an interview before they consider issuing a visa to a minor child unless his/her custodial parent has been interviewed and issued a B1/B2 visa for himself/herself already.  

 

The reason for that is based in US immigration law that requires the consular officer to assume that any non-immigrant visa applicant (or the parent of a minor child applying on the child's behalf) intends to immigrate and stay (or have the child immigrate and stay) in the US until he/she convinces the consular officer otherwise.  It is more difficult to overcome that assumption when there is a US LPR parent with whom the child could live -- especially if the LPR is the one being interviewed about the child.  It is usually better for the non-LPR parent (in this case, the mother) to do the interview to show her clear intention for the child to return home and not stay in the US and explain all the reasons why.

Thank you for the very detailed response. I do see why you’re saying it’s best for the mother to apply on his behalf. 

[EmilyW 1,550]

I would suggest not listening to people and, instead, doing your own due diligence (which you're doing now on this site: VJ is a great resource).  Everyone knows someone who knows someone who did something sometime and it worked out ok.  It can get super confusing when it doesn't have to be.

 

I hope you are able to get a tourist visa for your step-son, and that he can get some time to spend with his new brother or sister.  That's a special bond and I hope he gets to make it.  You're doing everything right so far and, given how many don't do the right thing, it's nice to see.  

[Mike E 11,764]

1 hour ago, EmilyW said:

I would suggest not listening to people and, instead, doing your own due diligence (which you're doing now on this site: VJ is a great resource).  Everyone knows someone who knows someone who did something sometime and it worked out ok.  It can get super confusing when it doesn't have to be.

 

I hope you are able to get a tourist visa for your step-son, and that he can get some time to spend with his new brother or sister.  That's a special bond and I hope he gets to make it.  You're doing everything right so far and, given how many don't do the right thing, it's nice to see.  

It’s a 700 day wait for a B visa out of Bogotá  according to another post on this thread.   If having the siblings meet is an imperative, then the family in the USA should travel to Colombia or meet the other family in a third country.  

[P&G2019 67]

2 hours ago, EmilyW said:

I would suggest not listening to people and, instead, doing your own due diligence (which you're doing now on this site: VJ is a great resource).  Everyone knows someone who knows someone who did something sometime and it worked out ok.  It can get super confusing when it doesn't have to be.

 

I hope you are able to get a tourist visa for your step-son, and that he can get some time to spend with his new brother or sister.  That's a special bond and I hope he gets to make it.  You're doing everything right so far and, given how many don't do the right thing, it's nice to see.  

Thank you for the very nice response. Yes, we are going to do the right thing even if it takes long. Thank you again 

[P&G2019 67]

1 hour ago, Mike E said:

It’s a 700 day wait for a B visa out of Bogotá  according to another post on this thread.   If having the siblings meet is an imperative, then the family in the USA should travel to Colombia or meet the other family in a third country.  

We went in January when the baby was 3 months and going again in July. We are traveling to Colombia given the circumstance. However you know that even if you have PTO which in the States is not the best (we both work for a great company), the time that you’re allowed to take off is in small increments. Our idea was for him to spend a month here to allow us some flexibility with work also. 
yes, 700 day wait is a long way so for now we will continue visiting and I’ll continue doing my research of the best route. 
thank you. 

[SalishSea 18,577]

On 4/9/2022 at 6:22 AM, P&G2019 said:

I’m confused? Why the mother? She has no intention of coming here. My husband and her just cop aren’t their son. We didn’t bring him here under the K2 as the child lives and goes to school in Colombia but the father shared custody over the child. He just wants to bring him for vacation but the mother has zero intention of coming here. Can’t the father apply for him and she allow permission? She’s allowing him to visit his dad. 

You seem confused - no one is petitioning anyone for a tourist visa.  

 

It is appropriate for the mother to apply, since obviously she would be the one taking him to an interview at the consulate, etc.

[SalishSea 18,577]

On 4/9/2022 at 6:40 AM, P&G2019 said:

We had his son as a K2 on my husband’s application but he had to travel within the year of my husband arriving in order to qualify for his green card however my husband arrived February 2020, right before pandemic and we decided it was best to wait until we both were ready to have him visit. 

A B visa application for the son has nothing to do with whether or not he was at one time eligible for a K-2.  Entirely new application.  There is no petition involved for a B visa.

 

The custodial/residential parent should facilitate him getting a Columbian passport, apply for his visitor visa, take him to the interview, etc.