How best to file for Student son of PR

[ninotchka 0]

My wife's son was a student here in the US before I met, married, and brought his mom

to the US. Now he has gone on to graduate school still in the US. He is over 25.

Anyone have any experience for this. We think the best is to go ahead and file the

I130 for him and get in line for the number. He will be in school for 3 more years on

the student visa and I think he can work for one more year after that as training. So he

can stay about 4 years on the student visa.

What I would like to know is what is best? If the process takes 10 years that means he

would have to go home after the student visa conditions are met to wait the

remaining 6 years for a visa number or does he stay here in a limbo status under

the I 130. Since he is already here why would he need go home to get a visa to come back ?

Why not stay here and wait for the number so he can file for the AOS?

Any experience with this would be appreciated.

Best,

Ninotchka

Edited August 15, 2006 by ninotchka

[scy 0]

My wife's son was a student here in the US before I met, married, and brought his mom

to the US. Now he has gone on to graduate school still in the US. He is over 25.

Anyone have any experience for this. We think the best is to go ahead and file the

I130 for him and get in line for the number. He will be in school for 3 more years on

the student visa and I think he can work for one more year after that as training. So he

can stay about 4 years on the student visa.

What I would like to know is what is best? If the process takes 10 years that means he

would have to go home after the student visa conditions are met to wait the

remaining 6 years for a visa number or does he stay here in a limbo status under

the I 130. Since he is already here why would he need go home to get a visa to come back ?

Why not stay here and wait for the number so he can file for the AOS?

Any experience with this would be appreciated.

Best,

Ninotchka

You can not file the I-130 on your step-son's behalf. Only your wife can, and she can only do so after she becomes a legal permanent resident. Think about this for a moment, once your step-son's student visa status expires in four years, what exactly will be his legal status in the US? He doesn't have a visa number available to him through his mother. So yes, if nothing changes in four years, your step-son will have to go home and await a visa through his mother. If he stays after his status expires, then he will be out of status and hence in the US illegally. This could jeopardize his chances of obtaining any future visas. His preference category might change if three years after becoming LPR, his mother becomes a citizen. He will move from 2B to 1st, so he might get to the US a little bit quicker.

[Boiler 45,761]

A Student Visa ia a non immigrant visa, what does he have to show that Russia is his home?

[ninotchka 0]

My wife is a LPR now. So, she can file. Not sure why prove where he is from. He is

here on a Russian Passport and until he can change it he is a Russian Citizen. He has a

Russian birthcertificate and etc. However, being a student, he does have an address in

the US and like most students anywhere, his permanent mailing address is where his

parent lives - in the US.

I have seen many posts here about adult relative son or daughter in foreign country

waiting for the visa number then they go and apply for the visa and come to

us then they can apply for the AOS.

My wife came on a K1. After marriage then she was out of status (in limbo) until we filed the

AOS and then she was in limbo/waiting status until she received aproval. However, she was always

legally here.

I also see students and workers who are here and get married and then immediately file for AOS and do

not need to go home while they await approval. They do the waiting here. That is what I am wondering

about on this. If he is already here why can he not wait for the number here? The main problem would seem to be that he cannot work after the training period. Or is there someway he could.

Anyone file for a relative already here as a worker or as a student?

Best,

Ninotchka

[Boiler 45,761]

My wife is a LPR now. So, she can file. Not sure why prove where he is from. He is

here on a Russian Passport and until he can change it he is a Russian Citizen. He has a

Russian birthcertificate and etc. However, being a student, he does have an address in

the US and like most students anywhere, his permanent mailing address is where his

parent lives - in the US.

I have seen many posts here about adult relative son or daughter in foreign country

waiting for the visa number then they go and apply for the visa and come to

us then they can apply for the AOS.

My wife came on a K1. After marriage then she was out of status (in limbo) until we filed the

AOS and then she was in limbo/waiting status until she received aproval. However, she was always

legally here.

I also see students and workers who are here and get married and then immediately file for AOS and do

not need to go home while they await approval. They do the waiting here. That is what I am wondering

about on this. If he is already here why can he not wait for the number here? The main problem would seem to be that he cannot work after the training period. Or is there someway he could.

Anyone file for a relative already here as a worker or as a student?

Best,

Ninotchka

Presumably when he applied for a Student Visa he used Russian proof of permanent residency. Just as well as his chances of getting one now seem slim.

Once he is out of Status, he is deportable, like anyone else who overstays their visa.

He has options on his own account, get a job and get an Employer to sponsor him for a H Visa. This allows dual intent so there is no problem with residency.

[sheraz 0]

My wife is a LPR now. So, she can file. Not sure why prove where he is from. He is

here on a Russian Passport and until he can change it he is a Russian Citizen. He has a

Russian birthcertificate and etc. However, being a student, he does have an address in

the US and like most students anywhere, his permanent mailing address is where his

parent lives - in the US.

I have seen many posts here about adult relative son or daughter in foreign country

waiting for the visa number then they go and apply for the visa and come to

us then they can apply for the AOS.

My wife came on a K1. After marriage then she was out of status (in limbo) until we filed the

AOS and then she was in limbo/waiting status until she received aproval. However, she was always

legally here.

I also see students and workers who are here and get married and then immediately file for AOS and do

not need to go home while they await approval. They do the waiting here. That is what I am wondering

about on this. If he is already here why can he not wait for the number here? The main problem would seem to be that he cannot work after the training period. Or is there someway he could.

Anyone file for a relative already here as a worker or as a student?

Best,

Ninotchka

Presumably when he applied for a Student Visa he used Russian proof of permanent residency. Just as well as his chances of getting one now seem slim.

Once he is out of Status, he is deportable, like anyone else who overstays their visa.

He has options on his own account, get a job and get an Employer to sponsor him for a H Visa. This allows dual intent so there is no problem with residency.

Student visa is non-immigrant. AOS is only possible if he marries a USC. Marriage to US LPR will also not work. If he is in graduate school, he should probably look for a job and stay in the US that way. It is not possible to apply for AOS based on family petition because immigrant visa numbers are not immediately available and the waiting period is about 7 yrs