Tourist visa or IR-1?

[Harsh_77 716]

Darnell said it right, if you have been living in Mexico then you might be eligible for the DCF process, which might be faster than filing.

using B1 for immigration is a visa fraud, getting caught would put a dent on your application and would certainly slow down the process.

[mejms 0]

OP, you sound VERY familiar...

I have no idea who you could be. Who do you think I am?

[MalaysianGirl 26]

I have no idea who you could be. Who do you think I am?

Mayhap I confused you with another VJ-er with whom your story sounds similar. Forgive me I am wrong. All the best on your journey.

[mejms 0]

Mayhap I confused you with another VJ-er with whom your story sounds similar. Forgive me I am wrong. All the best on your journey.

Probably. If you happen to know that person's email address or contact info, I'd love to talk to him.

[Noah Lot 387]

Thanks to everyone for your prompt responses.

Just to be clear, I'm looking for best and easiest way to get my family for the states either for a visit or to live. At some point we would like to live there, but considering that the IR-1 is a year-long process, we'd settle for a trip to see my family in the meantime.

Penguin mentioned 2 things: 1) that my wife would likely be turned down for a tourist visa, as she's the wife of an American citizen and, I take it, more likely to stay in the US past her tourist visa; 2) that being rejected for a tourist visa has no effect whatsoever on your application for an IR-1. Can someone else respond to those two points?

And do you think that an immigration lawyer would be a big advantage?

Her tourist visa application would likely be denied (99% IMHO) because the VOs know the IR1 process can take a year and they will correctly wonder why she would leave the US instead of remain there during said processing (there is no realistic way ICE will track her down and the VOs know this).

An immigration attorney will not improve her chances of getting a tourist visa; in fact, any letter from an immigration attorney would be viewed with (a) latex gloves and (b) immense skepticism because the VOs will (correctly) assume that an immigration attorney will write anything on paper just to appease their client and will be poised to assist said client change status later (after the 'mind change' during baggage claim I have often referred to)...and hiring one to fill out an I-130 will only relieve you of about $3000 and accomplish nothing. All you need is a ball point pen and 30 minutes of time to fill out the papers....why pay some attorney huge sums of money to fill out what are essentially 'color in the dots' forms? Remember, just like TV evangelists, who promise front row seats in heaven in exchange for 'love gifts' (i.e. $$$$), immigration attorneys charge pots of money and get paid whether or not their clients ever obtain a visa....and immigration attorneys have zero power over the visa process (just like TV evangelists have zero power to decide who goes to heaven and who doesn't.)

And a B2 denial will (usually) not compromise a future IR1 application....as long as she does not commit any type of fraud during the first interview (very unlikley).

[mejms 0]

I'm convinced that applying for an IR-1 through the DCF process makes the most sense and is surest way to go. Everyone cleared up my doubts in just one day. I really appreciate your feedback!

I posted on another thread in a different forum here on VJ about the process for taking my adopted stepson to the states.

Correct me if I'm wrong. I'm going to file for IR-1 with an I-130 through the DCF for my wife. I'm going to file for an IR-2 also with an I-130 and also through DCF for my son. Do I understand this so far?

Meanwhile, I just made an appointment for next week at the American Consulate for a consular report of birth abroad for my one year old daughter.

[pushbrk 12,569]

I'm convinced that applying for an IR-1 through the DCF process makes the most sense and is surest way to go. Everyone cleared up my doubts in just one day. I really appreciate your feedback!

I posted on another thread in a different forum here on VJ about the process for taking my adopted stepson to the states.

Correct me if I'm wrong. I'm going to file for IR-1 with an I-130 through the DCF for my wife. I'm going to file for an IR-2 also with an I-130 and also through DCF for my son. Do I understand this so far?

Meanwhile, I just made an appointment for next week at the American Consulate for a consular report of birth abroad for my one year old daughter.

Exactly right. If the adoption is complete before the visa is issued, the IR2 child should derive citizenship upon arriving in the USA. Your wife will not.

[mejms 0]

Exactly right. If the adoption is complete before the visa is issued, the IR2 child should derive citizenship upon arriving in the USA. Your wife will not.

I was thinking that it would be best to wait to begin both applications when my son's adoption is finalized (it's only 2 months away), but if I can get a head start on it, I will. Thanks.

[Darnell 8,478]

Yay ! GoGoGadget DCF'd I-130 !!!

[pushbrk 12,569]

I was thinking that it would be best to wait to begin both applications when my son's adoption is finalized (it's only 2 months away), but if I can get a head start on it, I will. Thanks.

No reason to wait to file the petition. Adoption finalization before visa issue is the key to citizenship.

[Deputy Purple 1,294]

No reason to wait to file the petition. Adoption finalization before visa issue is the key to citizenship.

Unless I misunderstand it, even if the step-parent adoption happens after the child enters the US and obtains a greencard they derive US Citizenship. Is that incorrect?

[pushbrk 12,569]

Unless I misunderstand it, even if the step-parent adoption happens after the child enters the US and obtains a greencard they derive US Citizenship. Is that incorrect?

Not "upon entry", no.

[Deputy Purple 1,294]

Not "upon entry", no.

Of course, since entry has already happened, but they do derive Citizenship once the Adoption is complete if they're already in the US...

[pushbrk 12,569]

Of course, since entry has already happened, but they do derive Citizenship once the Adoption is complete if they're already in the US...

Sure.

[mejms 0]

No reason to wait to file the petition. Adoption finalization before visa issue is the key to citizenship.

How could I begin the petition for my son if a passport is required, which I'll only have with his legally changed name when the adoption is complete?