Need Help

[gsebia 0]

Hello,

It's been 2 years since my wife came on a K1. She is now a permenant resident. We want to bring her 14 year old son. Initialy, he would like to visit for a month or two and return to peru. What is the best option where he can spend timne with his mother in the US and father in Peru ? What are the ups and downs of each. Do we aooky for Tourist visa ? Is the I-130 a tourist visa without the i 485 ? What is the easyist and quickest way can get him for Christmas ?>>

Any help would be much appreciated..

Geno and Keila

Dont remember our dates, but it took 6 months from her original NA01 until she arrived Novemebr 2009

[JimVaPhuong 4,863]

Hello,

It's been 2 years since my wife came on a K1. She is now a permenant resident. We want to bring her 14 year old son. Initialy, he would like to visit for a month or two and return to peru. What is the best option where he can spend timne with his mother in the US and father in Peru ? What are the ups and downs of each. Do we aooky for Tourist visa ? Is the I-130 a tourist visa without the i 485 ? What is the easyist and quickest way can get him for Christmas ?>>

Any help would be much appreciated..

Geno and Keila

Dont remember our dates, but it took 6 months from her original NA01 until she arrived Novemebr 2009

An I-130 is not a visa. It's an immigrant visa petition. Other than additional processing at the NVC, the process isn't dramatically different than the K1 process you've already gone through. You file the petition, wait for it to be approved, do the NVC paperwork shuffle, and eventually the kid goes to the consulate for a visa interview. The kid will be applying for an IR2 visa. The most significant difference between that and a K1 is that the IR2 is an immigrant visa - the kid will automatically get a green card within weeks of entering the US.

But wait, there's more...

The kid will become a lawful permanent resident when he enters the US. He can live, work, and go to school in the US. He can also leave the US and reenter without a visa. The downside - permanent residents are required to reside in the US. There's a limit to how long they can remain outside the US without losing their status. For example, an absence of more than one year without first obtaining a reentry permit would mean automatic loss of his green card. If, at any point, he tries to reenter the US and the CBP officer determines he's abandoned his residency then he'll lose his green card. The odds of this happening increase significantly if his ratio of time abroad to time in the US is greater than 50%. The bottom line is that green cards are for residents - not visitors.

Don't touch that dial yet...

It will take about a year to go through the entire immigrant visa process. There's no chance it will be finished by Christmas.

A tourist visa (B2) application doesn't require a petition, and it can usually be completed in a few weeks. You deal only with the US consulate. If approved, the visa would be good for ten years, and he'd be able to stay in the US for up to six months on each visit. He can't work or go to school in the US. Getting a tourist visa can be difficult in some countries, especially in countries with a high level of poverty. Having relatives in the US increases the difficulty. They suspect the alien will enter the US and never leave. I don't know how difficult it is to get a B2 visa in Peru, but I suspect it's no cakewalk. Still, it's the easiest, cheapest, and fastest option for you. This makes it worth trying.