What type of visa for children of LPR?

[bt1 42]

My husband arrived on a K1 visa a bit over a year ago, we got married and he received his conditional GC (he will be due to ROC in about a year). He has 2 young children from his first marriage, they live with their mother in his native country. We want to bring the children over to stay with us for 9 months or so and would like them to attend school. Is this at all possible? I know we can get a tourist visa for them and if approved, they can stay for 3 months, but would not be able to go to school. Is there any way to get this done?

[bigdog 376]

My husband arrived on a K1 visa a bit over a year ago, we got married and he received his conditional GC (he will be due to ROC in about a year). He has 2 young children from his first marriage, they live with their mother in his native country. We want to bring the children over to stay with us for 9 months or so and would like them to attend school. Is this at all possible? I know we can get a tourist visa for them and if approved, they can stay for 3 months, but would not be able to go to school. Is there any way to get this done?

How about custody?

Edited August 27, 2012 by bigdog

[Penguin_ie 5,993]

*** Moving from USCIS to General Immigration ****

How old are the kids? So this would be a one-off visit for 9 months only, or would you want them to go to school here every year and just go home through the summer holidays? If the first, you could get them a F1 student visa- you can get that even for elementary school though it is more difficult. They'd need to go to a private school or pay fees for public school. If they are below school age or school is too expensive, then you could try for a B2 tourist visa, giving them 6 months with you. Alterntiely, if you'd like them to stay longer, you, as the US Citizen step mom, could petition for them to get immigrant visas.

[Harpa Timsah 13,258]

Since you married before they were 18 (you said they were young) then you can file as a step-parent. They can get IR2 visas. Or, if it has been less than a year since the K-1 was issued, they can get follow-to-join K2 visas (faster but more expensive with AOS etc). Are you planning on this for just one year?

[bt1 42]

Yes, this would be just this once, though in the future it may happen again if they like. Their Mother will not let us have custody of them, so not trying to get them here permanently, just so they can spend some time with us and improve their English. They are 9 and 12. So if I petition for them as their step-mom, they could get immigrant visas, but would these expire if they only spent say 9 months every two tears, for example in the US?

[Penguin_ie 5,993]

So if I petition for them as their step-mom, they could get immigrant visas, but would these expire if they only spent say 9 months every two tears, for example in the US?

Yes- immigrant visas would take 8+ months to get, and are really only worth it if they plan on staying long term. They would need to spend the majority of their time in the USA to keep the greencard- so for example they could spend three months in the summer at home, and a month at Christmas and Easter (totalling about 5 months), but the rest of their time in the USA.

[bt1 42]

Yes- immigrant visas would take 8+ months to get, and are really only worth it if they plan on staying long term. They would need to spend the majority of their time in the USA to keep the greencard- so for example they could spend three months in the summer at home, and a month at Christmas and Easter (totalling about 5 months), but the rest of their time in the USA.

OK, thanks...so realistically, the best thing to do is apply for a B2 visa and have them over for the max. time allowed and if they really like it and want to stay longer, in the future, we would apply for their GCs. Thanks again.

[Penguin_ie 5,993]

Yes. If you are lucky, they will get ten year multi-entry B2 visas, so can come every couple of years for 6 months.

[Harpa Timsah 13,258]

B2 visas are not for attending school. A part of the plan was to attend school, so a B2 visa is not appropriate in this situation.

[bt1 42]

B2 visas are not for attending school. A part of the plan was to attend school, so a B2 visa is not appropriate in this situation.

Hmmm, so we would then have to apply for an immigrant visa for them to attend school even for say 9 months months?

Edited August 27, 2012 by bt1

[Harpa Timsah 13,258]

You might be able to get a student visa if you enroll them in a private school and pay for it. If you want free public school, they will need to be LPRs. When they are done with the nine months ( which is a whole school year) you can turn in their GCs.

[bt1 42]

You might be able to get a student visa if you enroll them in a private school and pay for it. If you want free public school, they will need to be LPRs. When they are done with the nine months ( which is a whole school year) you can turn in their GCs.

Thanks for the responses everyone, much appreciated!