the_fox

The visa process isn't breaking the family apart. It is the decision of the parents to migrate to the US that is breaking the family apart. They could both easily remain in their country and continue raising their child together.

You are right. Actually I guess the mother has weighted her options, because I was told she decided to return back home and do exactly that.

Thank you for all the replies, especially those who gave unbiased answers with sources cited. I've been away for a while, so I apologize about the late reply, but here are the answers to questions that some were asking:

The mother got her GC through an older USC son who petitioned for both his parents. However, since that process has no derivative visa for his own brother (minor) to follow along with the parents, the choices are either 1) the parents come by themselves and leave the minor home alone (not an option, for obvious reasons) or 2) one parent comes and petitions for the other one as a LPR (in this case there IS a derivative visa for minors). So it's a sad situation, because the legal visa process is breaking the family apart (physically); the minor son would have to live apart from either mom or dad for a few years, and while this may be no big deal for some minors, it might be for others. I didn't know the law was the way it is, it sounds kind of absurd to me not to allow a minor to join a parent on an immigrant petition, but, it is what it is.

Read her this.

http://www.alllaw.com/articles/nolo/us-immigration/visa-overstay-minor.html

NOT LEGAL. HE NEEDS TO LEAVE no way around it. Please hace her NOT abuse the privilege

3 to 10. Year ban

She seems to think the son won't have any consequences because he's minor. That link should scare her away.

Thank you, that's exactly what I was looking for.

she wants to do commit immigration fraud while going through another process?

ever heard of [law of clean hands]?

She is here legally, so she would not be the one committing the fraud; her son would. But I hear you, and I advised her that I think it's a bad idea.

He is touring he shouldn't be enrolled in school. And he needs to go when his time expires.

Actually I'm wrong

http://immigrationroad.com/blog/can-b1-or-b2-visitors-enroll-in-school/

Minor can attend as long intentions in receiving visa wasn't immigration. (But you state it is)

Well the original intent for the visa was just to visit. But now that he is here, she wants to keep him here, arguing that overstaying the visa won't affect him because he's a minor.

A relative who has PR status has applied to bring her spouse and son (as a derivative visa) to the US. But since the process takes about 2 years, she wants to send her son (14) to high school in the US, while waiting for her spouse to get approval (she argues it's a better school system in the US). The son is currently visiting the US on tourist visa, so she wants to keep him throughout the process.

She says her son can go to US K-12 schools without status anyway. Is it true? False? Good idea? Bad idea? Will it affect spouse and/or son approval process if son overstays tourist visa (given that he's a minor)?

Thank you and good luck to you as well! This week already has 37 CSC approvals and it's only Wednesday! The odds are in your favor to get the good news very soon... I hope you do.

Darling, feel blessed that you got an RFE - That means someone was looking at your case, and when you turn in what is requested, you'll get an approval within the next few weeks. <3 Don't sweat it.

Edit to say: It probably won't even take "a few weeks." It could take less than a week, but I would keep the "a few weeks" in mind so you don't go crazy.

I know you are right... I'm really looking forward to knowing what they need. I'll post it when we find out!

Since your lawyer applied for you I think he's the one getting the RFE, but I may be wrong. If that's the case make sure you bug him every day to ask for the RFE so it doesn't go unnoticed in his pile of mail. Good luck!

I hope everyone in this thread gets their approvals very soon, good luck all

Approved!! We got our NOA2 email confirmation today! Thank you God!!!

Just got the e-mail tonight, we're approved too! NOA2 in 96 days! Thank you God!!!

This is amazing! Congrats skparker and gobears!

Just curious, does the USCIS website also show the approval?

I hope we all get approved very soon!

You have to file within 2 years of last seeing him, not within 2 years of first meeting him. So you'll be fine if you file before 2011.

louise21:

I believe the problem for you is that you are sending your packet to the WRONG center (Texas), as they DO NOT process I-129F petitions. You have to resend your packet either to California or to Vermont (based on the state where the petitioner lives). Carefully read the instructions for form I-129F to find out the correct address.

Good luck!

NOA2 would be the best Valentine's Day 2009 gift for us .

"Date I-129F NOA1 (Receipt)" - the word "receipt" refers to the purpose of the NOA, not the receipt date (for comparison, the second NOA entry says "Date I-129F NOA2 (Approved)" ).

Going to mail our I-130 out on Wed (crossing fingers). Just need to do a letter of explanation and make two copies of the whole packet, then off it will go! My hubby lives in Winnipeg, does anyone know which US Consulate he will interview at?

He should choose the one closest to him that does visa processing. You need to choose one and write it down on your form I-129F, item 20, before you submit it.

This page http://www.consular.canada.usembassy.gov/u...ates_canada.asp says Winnipeg is for "emergency services only" so I guess that one is not a valid choice then. They recommend the one in Calgary.

Hi all, glad to see the October thread!

I've sent our package on Oct 7, USPS certified with e-delivery confirmation; it got there on Oct 9, signed by V. Semegi. Still waiting for the NOA1, and since it's Columbus Day I know it won't come today - USPS is closed.

I'm looking forward to a really short timeline for all of us!

Just applied for K1 today! I'm really excited now

Looking ahead at future steps, I know I-134 will be required at some point. Here's my problem: question 9 asks if I've submitted I-134 in the past for anyone else and the date.

Years ago, I had a friend who visited the US, but I don't remember the exact date. I remember I sent them an invitation letter, but I'm not even sure if an I-134 was included and/or used at the interview back then, since at the time I was in school and I didn't have any income, so it wouldn't have made much difference anyway. So how can I answer truthfully if I don't remember and I don't have an exact date? Who would I ask to look into this? Where do these I-134 forms eventually end up? The local consulate that issued my friend's visitor visa? Or would they send it to USCIS? (I think it was INS back then).

Any suggestions are appreciated.

Great, that clarifies it. Thanks!

Hello VJ's!

I've been reading this forum for the past month and I find it very informative.

As I'm preparing to file, I noticed that form G325-A has 2 fields marked A# (at the top and in the thick box at the bottom), and also once on form I-129F.

Now I'm a USC but some time ago I was a LPR so I did have an A# at the time. My question is, should I put my old A# in these 3 places or is this space reserved for the new A# which will be assigned my fiancee?

Thanks in advance for the answer, I'm sure I'll come up with more questions in the future as I go through this process.