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Airis

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    returning resident visa,how can i bring my 2 yr old son to the US?

    in General Immigration-Related Discussion

    Posted

    19 hours ago, SusieQQQ said:

    I wasn’t aware of any immigrant visa category that allows this. I understood the only dispensation for a child not needing his/her own visa visa was for either LPR or SB1 with child under 2, born abroad, entering US for first time with parent. Happy to be corrected if you can point to the rule. The bit you posted earlier corresponds exactly with my understanding. 

     

    On 10/26/2017 at 1:03 AM, Airis said:

    I lost my LPR bec i overstayed thats why im applying for an immigrant visa.

    I called they told me to ask that question on my interview w the consular.

    returning resident visa,how can i bring my 2 yr old son to the US?

    in General Immigration-Related Discussion

    Posted

    10 minutes ago, NuestraUnion said:

     

    This is going to be tough. If you file for your son it will take 2 years. There is no way around it. But now the clock is ticking for you to return to the US to regain your status.

     

    Your options are extremely limited to be able to have your son have the proper visa to enter in the US at the same to as you.

    For example:

    1. Reconcile with your husband (if divorce was not filed) and have him file for your son. (This is an extremely hard sell as the child is not his.)
    2. Divorce your husband and abandon permanent status, stay in your home country, and eventually fall in love with another US citizen who can petition the both of you. (Not only would this raise red flags but also will take a very long time before you are back in the US.)
    3.  You return to the US to continue your permanent residency, file for your son, visit him when you can without too many trips or staying too long out of the US. 

    As you can see, number 3 is the most realistic option. But even then you have a lot of challenges. You and your husband are separated so you would basically be returning to the US with little support. You will have to find work and a place to stay on your own all while helping to care for your child back home. Not to mention you would have to go though the divorce and Remove your Conditions on your own.

     

    These are the only legal options I could think of. I'm sorry for your situation but you really have to sit down and think about your next move. Even if your next move is to not move (to the US) at all.

    3)  Certain Alien Children Not Required to Obtain Visas: 

    (a)  The child born after the issuance of a visa to a parent, or a child under two years of age born of a Lawful Permanent Resident alien mother during a temporary visit abroad, is not required to have a visa.

    (b)  Requiring Reentry Document of Child’s Parent:  The provisions of 9 FAM 201.2-3paragraph (3)(a) above apply only if the alien parent is in possession of a valid Form I-551, a valid reentry permit, refugee travel document (lawful permanent resident only), or an SB-1 visa. With respect to 22 CFR 42.1(d), it is irrelevant whether the visa issued to the accompanying parent is an initial visa or a replacement visa.

    returning resident visa,how can i bring my 2 yr old son to the US?

    in General Immigration-Related Discussion

    Posted · Edited by Airis

    7 minutes ago, NuestraUnion said:

     

    This is going to be tough. If you file for your son it will take 2 years. There is no way around it. But now the clock is ticking for you to return to the US to regain your status.

     

    Your options are extremely limited to be able to have your son have the proper visa to enter in the US at the same to as you.

    For example:

    1. Reconcile with your husband (if divorce was not filed) and have him file for your son. (This is an extremely hard sell as the child is not his.)
    2. Divorce your husband and abandon permanent status, stay in your home country, and eventually fall in love with another US citizen who can petition the both of you. (Not only would this raise red flags but also will take a very long time before you are back in the US.)
    3.  You return to the US to continue your permanent residency, file for your son, visit him when you can without too many trips or staying too long out of the US. 

    As you can see, number 3 is the most realistic option. But even then you have a lot of challenges. You and your husband are separated so you would basically be returning to the US with little support. You will have to find work and a place to stay on your own all while helping to care for your child back home. Not to mention you would have to go though the divorce and Remove your Conditions on your own.

     

    These are the only legal options I could think of. I'm sorry for your situation but you really have to sit down and think about your next move. Even if your next move is to not move (to the US) at all.

    Thanks for your advice but i have to move to US i have 2 kids from my husband and theyre living w their aunt bec my husband cant take care of them(work).theyre only 15 and 8.i have to get them.my husband knows about my son and hes helping me financially get back so i can get our kids.i was told that if i regain my visa after my son was born i can take him w me.i just need a transportation letter from the us embassy.i dont know if anyone have done this before. 

    returning resident visa,how can i bring my 2 yr old son to the US?

    in General Immigration-Related Discussion

    Posted

    39 minutes ago, Airis said:

    What other options do i have?i spoke to someone from the us embassy and they told me i cant do anything to bring my son back unless i fix my status.the quickest way was applying for sb1 visa

     

    31 minutes ago, Dee elle said:

    SB1 may fix your status but will not address the childs status... under what pathway did you become an LPR? Are you married to a USC or LPR? 

    Married to a USC but separated now.my son is not his son.

    returning resident visa,how can i bring my 2 yr old son to the US?

    in General Immigration-Related Discussion

    Posted

    9 hours ago, SusieQQQ said:

    I understand what a SB1 is for. The question was asking whether it’s not possible to bring a derivative with on this type of immigrant visa... I guess the answer is no.... as well as now being even more curious, if it took you a year to get get the appointment (plenty of time to do research) why you are only now looking at what the options for your child are.

    What other options do i have?i spoke to someone from the us embassy and they told me i cant do anything to bring my son back unless i fix my status.the quickest way was applying for sb1 visa

    returning resident visa,how can i bring my 2 yr old son to the US?

    in General Immigration-Related Discussion

    Posted

    18 minutes ago, SusieQQQ said:

    Is this son from the complicated pregnancy?

    is SB1 different from other immigrant visas that you don’t have the child as a derivative on your application? 

     

    I’m kind of curious as to why you are only exploring the options for your child to come with at this late stage in the process. 

    Yes.im a greencard holder but overstayed out of country for 2 yrs.it took a year for me to get my sb1 appt.

    SB1 VISA-I30 AFFIDAVIT OF SUPPORT,etc

    in General Immigration-Related Discussion

    Posted

    I was approved for SB1 VISA, now im going for my second interview.they said i had to apply for IR1 visa bec im married to a US Citizen but on my greencard it says IR6?they also said theres no such thing as IR6.any comment on that?

    Now i have to submit I30 affidavit of support.Does my husband need to fill this out and sign?Im in the Philippines and he's in California so how can he sign it?unless he scan and email it to me but it wont be the original,would they accept it?what about the i864?do i need to fill that out?for marriage cert, does it have to be the original? Thanks 

    SB1 VISA manila [merged threads]

    in General Immigration-Related Discussion

    Posted

    On 10/21/2017 at 10:15 PM, Going through said:

     

     

    If the CO told you he was recommending you for approval, why would you immediately think you got denied?  

    The second lady you asked had nothing to do with approving or denying your case since she didn't interview you, look at your application, or read any evidence you submitted----focus on what the actual CO who interviewed you said, not anyone else. :) 

    The reason i think i got denied bec the CO didnt ask me a lot of questions and my interview was short compared to other sb1 applicants.also he only looked at my medical certificate,police report and affidavit of loss.i asked him if he wanted to look at my tax returns,proof of current us address,bills etc he said no.after looking at my med cert,police report and affidavit of loss he ended the interview and said he will submit my application for approval.btw i had to get police report and affidavit of loss bec i lost my passport and greencard.the greencard was retrieved but not the passport.

    SB1 VISA manila [merged threads]

    in General Immigration-Related Discussion

    Posted

    I applied for SB1 visa here in the Philippines, if they tell you they will email you result does that mean bad news? If approve do they tell you right away?how long did you have to wait till you get your results? Im wondering why the consular officer didnt ask me a lot of questions and didnt ask for more proof.He basically asked me when i came to america,why i overstayed and what efforts i made to try to get back.After answering all his questions he asked me for proof.i showed him my medical certifications and police report.then he stopped asking me questions.i asked him if he wanted to see my other documents such as tax returns,proof of current bills in US,social ties etc he said no.The other 2 that got interviewed were flooded with questions but not me and my interview didnt last long compare to them.i dont know if thats a bad sign.any advice?thanks

    SB1 VISA manila [merged threads]

    in General Immigration-Related Discussion

    Posted

    Hi i just had my sb1 visa inteview. The Consular officer told me after my interview that he will submit my application for approval. I went to another window after my interview the lady told me to wait a week for the results.i will be notified via email and mail.Does this mean i got denied? Did any of you that applied for sb1 visa in manila had to wait a week for the results?

    Anyway, my reason i couldnt fly back was i got pregnant and had infection causing my amniotic fluid to leak at 5 months. I was also put on bed rest at 4 months due to hypertension.i was admitted at the hospital twice for premature labor(had documents to prove everything).i also didnt find out i was pregnant till i was about 4 months bec i was still bleeding i thought i had my period.my return trip was on april 23 but gave birth on april 28(baby was 1 day  from being premature)i was induced due to hypertension and low amniotic fluid.anyway,i also had proof that i tried to board on the plane on april 23 but was denied.

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