WHAT TO DO? AOS FOR MY SON!!! HELP

[katraska78 6]

Hi everyone!

I entered the U.S. on a K1 visa. I have a son that -at the time- was 16 years old. Altough my now husband and I included him on the petition, he decided not to accompany us, and stayed with his dad in Ecuador. At this time, he's 19 and attending college there, and wants to finish his studies there; also, when he finishes them, he wishes to come and reside in the States. From what I've read here in VisaJourney, he is entitled to receive the Follow-to-join benefits until he turns 21. He will be visiting us next summer, and I was wondering if we can file for his Adjustment of Status during the month he'll be here, along with his SSN, EAD and AP, so he can go back to Ecuador to continue perusing his career. My second question is, on average, how long will these documents will take, so he can travel with no problem. Third question: can I submit his application before he arrives in the States, so he can have his biometrics taken and SS card issued when he gets here and most important: his AP. Fourth question: with his AP in hand, how long can he be abroad and, if he's about to run out of time, can he obtain an extension in th US Consulate in Ecuador?

Thank you very much for answering my questions!!! God Bless!

[aleful 1,905]

Hi everyone!

I entered the U.S. on a K1 visa. I have a son that -at the time- was 16 years old. Altough my now husband and I included him on the petition, he decided not to accompany us, and stayed with his dad in Ecuador. At this time, he's 19 and attending college there, and wants to finish his studies there; also, when he finishes them, he wishes to come and reside in the States. From what I've read here in VisaJourney, he is entitled to receive the Follow-to-join benefits until he turns 21. He will be visiting us next summer, and I was wondering if we can file for his Adjustment of Status during the month he'll be here, along with his SSN, EAD and AP, so he can go back to Ecuador to continue perusing his career. My second question is, on average, how long will these documents will take, so he can travel with no problem. Third question: can I submit his application before he arrives in the States, so he can have his biometrics taken and SS card issued when he gets here and most important: his AP. Fourth question: with his AP in hand, how long can he be abroad and, if he's about to run out of time, can he obtain an extension in th US Consulate in Ecuador?

Thank you very much for answering my questions!!! God Bless!

he doesn't qualify because it's within a year of you coming to the US. the age is up to 21 to come here, but the request to follow to join is up to a year of you coming. it has been three years plus more, so there is no follow to join anymore. Your husband can still file the i130 as his stepfather, the petition can take between 8 months to a year and he will go through consular processing in his country of origin.

[NigeriaorBust 4,087]

A plan to enter the country with a visitors visa with intent to stay is fraud and could earn the young man a lifetime ban. Don't go the illegal route

[katraska78 6]

A plan to enter the country with a visitors visa with intent to stay is fraud and could earn the young man a lifetime ban. Don't go the illegal route

I didn't know this and my intentions are not to commit fraud or engage in any illegal activity. Thanks for letting me know, and that was just a question. If you read my post, he wants to finish his career in Ecuador. I'm asking for advise because he will be turning 21 soon and the procedures are more difficult then. I also read that, even though he enters the U.S. on a visitors visa, I can go ahead and start his AOS. Thanks for the info.

[katraska78 6]

he doesn't qualify because it's within a year of you coming to the US. the age is up to 21 to come here, but the request to follow to join is up to a year of you coming. it has been three years plus more, so there is no follow to join anymore. Your husband can still file the i130 as his stepfather, the petition can take between 8 months to a year and he will go through consular processing in his country of origin.

Thank you for your answer. I read all the information on the follow to join benefits posted by the USCIS and did not read anything about the year window. Here's a summary:

"Following-to-Join Benefits

Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.

If you had children before you became a lawful permanent resident, and your children did not physically accompany you to the United States, and you would now like your children to join you in the United States, your children may be eligible for following-to-join benefits. This means that you do nothave to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that you are a lawful permanent resident so that your children can apply for immigrant visas. If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not or could not petition for your children, you will need to file a separate I-130, Petition for Alien Relative. In this case, see How Do I Bring My Child, Son or Daughter to Live in the U.S.?

Your children may be eligible for following-to-join benefits if:

You immigrated on the basis of a fiancé(e) petition

Also, for your child to be eligible for following-to-join benefits, he or she must:

Be unmarried and

Be under 21 years of age and

Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) ..."

[NigeriaorBust 4,087]

On the travel.state.gov site explaining K visas

Are My Children Required to Travel with Me?

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa

Separate immigrant visa = I130 form

Edited November 25, 2012 by NigeriaorBust

[Moomin 292]

I didn't know this and my intentions are not to commit fraud or engage in any illegal activity. Thanks for letting me know, and that was just a question. If you read my post, he wants to finish his career in Ecuador. I'm asking for advise because he will be turning 21 soon and the procedures are more difficult then. I also read that, even though he enters the U.S. on a visitors visa, I can go ahead and start his AOS. Thanks for the info.

AOS is for people already in the US wanting to be there permanently. Your son is going back using AP as a way of not just visiting and not because of an emergency. If he want's to finish his carreer in home country, it's either doing that while his petitioned for in his home country, or he is petitioned for, moved here and then goes back to study. I know that one VJ member(Gary&Alla) has a stepson who did it this way without problems however I would like to mention that greencards are for people who live in the US permanently. Personally, I'd go with aleful's advise.

Edited November 25, 2012 by moomin

[katraska78 6]

On the travel.state.gov site explaining K visas

Are My Children Required to Travel with Me?

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa

Separate immigrant visa = I130 form

Got it! Thank you! That's really useful and points us in the right path! Now, if my husband petitions him, and it takes 8-12 months, how long will his visa be good for?

[katraska78 6]

AOS is for people already in the US wanting to be there permanently. Your son is going back using AP as a way of not just visiting and not because of an emergency. If he want's to finish his carreer in home country, it's either doing that while his petitioned for in his home country, or he is petitioned for, moved here and then goes back to study. I know that one VJ member(Gary&Alla) has a stepson who did it this way without problems however I would like to mention that greencards are for people who live in the US permanently. Personally, I'd go with aleful's advise.

Thank you! we want to do things right. I just want to know, does it take the same amount of time for the petition to be approved before and after he turns 21? I'm asking because I want to stage things -according with the time frames we have- so that when he comes, he will not miss any of his semester(s). So I guess I'll have to wait 'till he finishes school.

[Penguin_ie 5,996]

The visa is good for 6 months.

[NigeriaorBust 4,087]

If your husband files for him before he is 21 his age will be seen as under 21 until the visa is issued and it will take a yearish. If you petition as an LPR then his age doesn't freeze but you use CPSA which may not help and the process takes longer. He will get a visa and have 6 months to enter. Once he arrives he will get a green card and will have to maintain residence to keep the green card valid. He can continue to study outside the US if he has a reentry permit ( get it before he leaves )

[katraska78 6]

If your husband files for him before he is 21 his age will be seen as under 21 until the visa is issued and it will take a yearish. If you petition as an LPR then his age doesn't freeze but you use CPSA which may not help and the process takes longer. He will get a visa and have 6 months to enter. Once he arrives he will get a green card and will have to maintain residence to keep the green card valid. He can continue to study outside the US if he has a reentry permit ( get it before he leaves )

I understand. Thanks. We were thinking on filing when he's 20 -1/2. Do you think we can maybe wait until he's 20 and 10 months of age or will that be pushing the envelope? Also, do you know how long after he arrives will he get his green card? I know SSN takes about a month, which is the time he can spend here, and does this reentry permit is the same as an Advanced Parole and how long is it good for? And last question (for now hahaha! ) is his green card the permanent or the conditional type? Thank you so much for your answers!!!

[NigeriaorBust 4,087]

It would be safer to leave a little more time. There are other things you can do to delay things if you really want ( like not doing everything the first day you can ) He should get a 10 year green card. AP ( as in advanced parole ) is for K1 entry people so they can leave before they are through with their adjustment of status. a reentry permit is a permit that allows a greencard holder to leave the US for an extended period without losing status based on lack of physical being here.

[katraska78 6]

It would be safer to leave a little more time. There are other things you can do to delay things if you really want ( like not doing everything the first day you can ) He should get a 10 year green card. AP ( as in advanced parole ) is for K1 entry people so they can leave before they are through with their adjustment of status. a reentry permit is a permit that allows a greencard holder to leave the US for an extended period without losing status based on lack of physical being here.

I honestly can't thank you enough for all your help! I'll make sure we file when he's 20-1/2 and follow your recommendations! God Bless and let me know if it's okay to contact you if I have any more questions (I'm sure I will )

Again, thanks from the bottom of my heart. God Bless. ---<@

[NigeriaorBust 4,087]

You have a whole board of people waiting for your next question.