Lpr fiancé and child

[SharonTou 1]

Hi all my son finally got his green card he has a fiancé and baby boy can anyone guide me which is the best way to file for them from the uk she is here in USA  on ESTA at the moment and doesn’t have to work but does want to go the quickest route to live here 

 

thanks 

[Crazy Cat 39,868]

1.  They marry.

2.  Your son files I-130 for them to start the spousal visa process.

3.  They return to UK before the end of authorized stay.

She cannot legally stay in the US and she cannot adjust status since she is here on VWP (and your son is not a US citizen). 

Edited January 29 by Crazy Cat

[nastra30 2,074]

Green card holders can't petition for a fiancée to stay in the USA. 

Son should marry fiancee and petition her and son using I-130. However, she still can't stay inside the US because she doesn't qualify to adjust status. She'll will have to return home and wait out the rest of the process. Let me stress this, make sure she doesn't overstay her ESTA stay. Good luck.

 

Edited January 29 by nastra30

[Crazy Cat 39,868]

3 minutes ago, nastra30 said:

Let me stress this, make sure she doesn't overstay her ESTA stay.

Good point.  Otherwise, her VWP will be gone, and she would, likely, not be able to visit during the process (getting a B@ would be very difficult).

Edited January 29 by Crazy Cat

[SharonTou 1]

Thankyou all so much I did not know this !!

[Boiler 43,859]

Unless something unusual happens this is going to take a few years.

 

I normally make a comment that he needs to naturalise asap as that will be the quickest way, however he has just got his GC and obviously not through marriage so he is is looking at 5 plus years to naturalise.

 

So:

 

Marry

 

File I 130, I would file I 130 for both unless money is really tight.

 

Be prepared to wait for some years.

 

They can continue to visit but make sure they do not push it with frequency or time.

[SharonTou 1]

Thanks so much looks like this is going to be another long wait  

[EmilyW 1,236]

Nothing in immigration is quick, unfortunately.

 

It seems like the plan was for her to adjust status.  That route won't work, and the good folk here are providing the best advice.

 

He files.  She returns home, but continues to visit in compliance with ESTA.  She gets her visa.

[Boiler 43,859]

1 minute ago, EmilyW said:

Nothing in immigration is quick, unfortunately.

 

It seems like the plan was for her to adjust status.  That route won't work, and the good folk here are providing the best advice.

 

He files.  She returns home, but continues to visit in compliance with ESTA.  She gets her visa.

 

I was thinking VWP Express but the original post only mentioned her being here and not the child.

[SalishSea 16,983]

6 hours ago, SharonTou said:

Hi all my son finally got his green card he has a fiancé and baby boy can anyone guide me which is the best way to file for them from the uk she is here in USA  on ESTA at the moment and doesn’t have to work but does want to go the quickest route to live here 

 

thanks 

She can’t stay and adjust status if they marry-  that is only for spouses of US citizens.

 

And-  there isn’t anything for you to file in this case, either.   He should probably join VJ and look into it.

[appleblossom 1,528]

4 hours ago, SharonTou said:

Thanks so much looks like this is going to be another long wait  

 

Yes unfortunately, it's the same as when you petitioned your son, they are also subject to a wait as they are not immediate relatives. Category F2A, so keep an eye on the Visa Bulletin - https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-january-2024.html

 

If your son has a fiancee and baby, is he sure he wants to live apart from them for so long? That's going to be tough. It might be worth having a conversation about whether or not he's prepared to do that, or if he gives his green card up and returns to be with them. Not an easy decision I know, but one to discuss with him. 

 

Good luck.

[SharonTou 1]

Yeah we waited 3 years for his green card so another 3 year wait is a lot , but we are fortunate that we own a home in both countries and have our own business here in USA which he will be working in so we could possibly make this work they will try and see how it all goes thanks Everyone 

[appleblossom 1,528]

1 hour ago, SharonTou said:

Yeah we waited 3 years for his green card so another 3 year wait is a lot , but we are fortunate that we own a home in both countries and have our own business here in USA which he will be working in so we could possibly make this work they will try and see how it all goes thanks Everyone 

 

Currently only those with PD's earlier than Nov 2019 (nearly 4.5 years ago) have visa numbers available to them, so do prepare him for a longer wait than he had. 

 

He can certainly visit them, and vice versa, but it's a big thing to be away from your child for years, so I guess he needs to work out if having a green card is worth that sacrifice. It often is for those from much poorer countries, but may not be for somebody from the UK - particularly as he still has a route to a green card in the future via you if you stay there.