Filing options for stepson

[onlybelieve 1]

I am petitioning for my husband and two minor step kids both under the age of 18 , and their cases was just complete at the NVC and we're now waiting for interview date. My husband other son was initially going to be studying in south Africa but now he's wanting to come to the USA to live and study, my question is what will I need to do to petition him here. He's over 18 , unmarried and was over 18 at the time I married his dad. He's about to turn 21 in August , any advice or info is greatly welcomed!! Thanks

[Ryan H 3,834]

The only option will be for his dad to file an I-130. He (your stepson) will be in the F2B visa category; for South Africa, there is currently an 8 year wait before a visa becomes available in this category.

Edited April 21, 2012 by Ryan H

[onlybelieve 1]

Omg!! Wow!!! But his dad first have to become a citizen first right before he can file anything for his son right

[NigeriaorBust 4,087]

If your marriage was after the son turned 18 you are out of luck yourself. An LPR can file for a child or a spouse , but adult children MUST stay single to be eligble. There is long wait for adult children. If your husband becomes a USC the wait may be shorter ( note the word may )

[onlybelieve 1]

Thank you for the info - not what I wanted to hear but at least I now know

[cerebus407 16]

The older son should research schools he wishes to attend in the US and apply for a student visa. There's not guarantee that he will get one since the CO will need to believe that he will go back to his home country once his studies are finished but most legitimate students with adequate funds get visas.

As far as immigration goes, the prior poster was correct. There is no petitionable relationship between yourself and the older stepson. The father can petition as an LPR. If you are going to go the student visa route, it would probably be better to hold off on the immigration petition.

[onlybelieve 1]

Thank you , we're really now considering the student visa , it's just the schools that I checked out want you to show proof that you can pay the tuition for the whole year up front and forward payment to them , 2 schools I checked out was over 29,000

[NigeriaorBust 4,087]

That is typical, even the community college here wants 15k for international tuition. Also a student visa will not lead to a permanent solution, schools over so is the stay basically.

[onlybelieve 1]

Yeah this is truly a hard pill to swallow but again thanks for the info

[aaron2020 11,651]

Be aware that the student visa is a non-immigrant visa, and the student must prove he has a home to return to after finishing his course of study in the US.

With you paying for his college costs, what are his reasons for staying in the US and what are his reasons for returning home? The US Embassy will need a good answer.

[onlybelieve 1]

This is great info , thank you for providing, I guess I didn't realize it would be like this but good info to know