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

[katraska78 6]

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

[katraska78 6]

Hi again! I'm reading the procedures to bring my son trough the Petition of Alien Relative Form I-130 and I want to make sure I understand them correctly:

- My husband will have to fill the I-130 Form.

- Do we need to fill a G-325a. Biographic Information?

- Do we need to fill the I-134. Affidavit of support? Or the I-864 Affidavit of Support Under Section 213A of the Act

- Do we include the I-485 Adjustment of Status with this package? And

- Do we need to include the I-693 Report of Medical Examination and Vaccination Record

- The I-765 Application for Employment Authorization ?

Where do I find the procedures to apply for the Re-entry permit. Is it a form? Do we have to go to our nearby USCIS office and obtain it there ?

Thanks again for your answers!!!!

Also! Do I have to pay all the fees in one check, or do I write separate checks?

[NigeriaorBust 4,087]

Start here

Bring child to US

[katraska78 6]

Yes, I did and I've already gathered the documents required. It does not mention any other form than the I-130:

" If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative

A copy of your birth certificate or U.S. passport

If you were not born in the U.S., a copy of either:

your Certificate of Naturalization or Citizenship or

your U.S. passport

A copy of the child's birth certificate showing the child's name and the names of both parents

A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child's parent must take place before the stepchild's 18th birthday)

A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse "

Where do I go from there?

[NigeriaorBust 4,087]

Assemble the above , maybe toss in a couple of pictures of bio parent and child over the years ( only required in high fraud areas to prove that the child isn't a new relative ) Include the filing fee and ship off . Later you will file the I 864 and supporting records. You need the biographic forms but the others ( I 134, I485, I 693,I 751 ) aren't needed. You apply for a re entry permit once he has a green card to get a re entry permit for.

I 130 instructions at USCIS site

[aaron2020 11,651]

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!

This plan would not work for several reasons;

1. It is too late to do a K-2 follow to join. The K-2 is only available one year after your K-1 was issued. It has been more than 3 years since the K-1 was issued, so it is too late to do a K-2 follow to join.

2. It is illegal to enter the US on a non-immigrant tourist visa with the intention to adjust.

3. You can't file to adjust his status before he comes to the US. Adjustment is for people already in the US. Those outside the US need an immigrant visa to come live in the US.

4. There is no way he can get it done before he leaves after the summer. There is not enough time. Filing to adjust right away would show he violated the terms of his tourist visa.

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!!!

BIG MISTAKE TO WAIT. Another beneficiary's file like that before his 21st birthday. It was returned because his US citizen stepfather signed the wrong line. He couldn't get it back to USCIS with the correct signature until the day after his 21st birthday. Opps!!!!!! Too late.

Leave yourself time for errors. If you make a mistake, you will need time to fix it. Have your husband file now.

Hi again! I'm reading the procedures to bring my son trough the Petition of Alien Relative Form I-130 and I want to make sure I understand them correctly:

- My husband will have to fill the I-130 Form.

- Do we need to fill a G-325a. Biographic Information?

- Do we need to fill the I-134. Affidavit of support? Or the I-864 Affidavit of Support Under Section 213A of the Act

- Do we include the I-485 Adjustment of Status with this package? And

- Do we need to include the I-693 Report of Medical Examination and Vaccination Record

- The I-765 Application for Employment Authorization ?

Where do I find the procedures to apply for the Re-entry permit. Is it a form? Do we have to go to our nearby USCIS office and obtain it there ?

Thanks again for your answers!!!!

Also! Do I have to pay all the fees in one check, or do I write separate checks?

No. Your son is not adjusting. You don't need the G-325a. You don't need the I-134. You don't need the I-485. You don't need the I-765.

Here, have your US citizen husband follow these instructions; http://www.visajourney.com/content/childpet

-------------------------

Here is the EASIEST and LEGAL way to get your son what he needs.

First, your US citizen files the I-130 to petition your son NOW!!!! This would be an Immediate Relative case (IR-2), so it will take 6-12 months for your son to get an immigration visa.

Second, your son automatically gets a green card when he enters the US. The green card authorizes to work, go to school, and reenter the US; so no need for EAD or AP. He can even apply for a SSN with the DS-230, so no need to apply separately either.

Third, your son files for a Re-Entry permit. He MUST be in the US for his biometrics before he leaves. He can leave the US with his green card and have the Re-Entry permit be sent to the US Embassy where he can pick it up. With the Re-Entry Permit, he can be outside the US for up to 2 years.

Check out the old threads on this. Several people have gotten their children green cards before age 21, get Re-Entry permits, and return to finish school abroad.

[katraska78 6]

This plan would not work for several reasons;

1. It is too late to do a K-2 follow to join. The K-2 is only available one year after your K-1 was issued. It has been more than 3 years since the K-1 was issued, so it is too late to do a K-2 follow to join.

2. It is illegal to enter the US on a non-immigrant tourist visa with the intention to adjust.

3. You can't file to adjust his status before he comes to the US. Adjustment is for people already in the US. Those outside the US need an immigrant visa to come live in the US.

4. There is no way he can get it done before he leaves after the summer. There is not enough time. Filing to adjust right away would show he violated the terms of his tourist visa.

BIG MISTAKE TO WAIT. Another beneficiary's file like that before his 21st birthday. It was returned because his US citizen stepfather signed the wrong line. He couldn't get it back to USCIS with the correct signature until the day after his 21st birthday. Opps!!!!!! Too late.

Leave yourself time for errors. If you make a mistake, you will need time to fix it. Have your husband file now.

No. Your son is not adjusting. You don't need the G-325a. You don't need the I-134. You don't need the I-485. You don't need the I-765.

Here, have your US citizen husband follow these instructions; http://www.visajourney.com/content/childpet

-------------------------

Here is the EASIEST and LEGAL way to get your son what he needs.

First, your US citizen files the I-130 to petition your son NOW!!!! This would be an Immediate Relative case (IR-2), so it will take 6-12 months for your son to get an immigration visa.

Second, your son automatically gets a green card when he enters the US. The green card authorizes to work, go to school, and reenter the US; so no need for EAD or AP. He can even apply for a SSN with the DS-230, so no need to apply separately either.

Third, your son files for a Re-Entry permit. He MUST be in the US for his biometrics before he leaves. He can leave the US with his green card and have the Re-Entry permit be sent to the US Embassy where he can pick it up. With the Re-Entry Permit, he can be outside the US for up to 2 years.

Check out the old threads on this. Several people have gotten their children green cards before age 21, get Re-Entry permits, and return to finish school abroad.

First and most important: thanks! This is straight to the core of what I need to do.

Second: I was just asking what my options are, not planning to commit fraud, as I stated before; thanks for pointing that out though, sometimes our of ignorance people make irreparable mistakes. I would not jeopardize my son's future for NOTHING.

[katraska78 6]

"First, your US citizen files the I-130 to petition your son NOW!!!! This would be an Immediate Relative case (IR-2), so it will take 6-12 months for your son to get an immigration visa."

Does he have to go to the Consulate and have an interview, so he can get the visa?

"Second, your son automatically gets a green card when he enters the US. The green card authorizes to work, go to school, and reenter the US; so no need for EAD or AP. He can even apply for a SSN with the DS-230, so no need to apply separately either."

Does he gets the green card at POE, or do we have to file another form and obtain it later? What is the DS-230?

"Third, your son files for a Re-Entry permit. He MUST be in the US for his biometrics before he leaves. He can leave the US with his green card and have the Re-Entry permit be sent to the US Embassy where he can pick it up. With the Re-Entry Permit, he can be outside the US for up to 2 years".

How long -on average- does it take for the NOA for the biometrics to arrive in the mail...can we do a walk-in?

Thank you for responding my questions! Since I need to do this right now, it really helps immensely!

Edited December 2, 2012 by KataandFreddy

[katraska78 6]

This plan would not work for several reasons;

1. It is too late to do a K-2 follow to join. The K-2 is only available one year after your K-1 was issued. It has been more than 3 years since the K-1 was issued, so it is too late to do a K-2 follow to join.

2. It is illegal to enter the US on a non-immigrant tourist visa with the intention to adjust.

3. You can't file to adjust his status before he comes to the US. Adjustment is for people already in the US. Those outside the US need an immigrant visa to come live in the US.

4. There is no way he can get it done before he leaves after the summer. There is not enough time. Filing to adjust right away would show he violated the terms of his tourist visa.

BIG MISTAKE TO WAIT. Another beneficiary's file like that before his 21st birthday. It was returned because his US citizen stepfather signed the wrong line. He couldn't get it back to USCIS with the correct signature until the day after his 21st birthday. Opps!!!!!! Too late.

Leave yourself time for errors. If you make a mistake, you will need time to fix it. Have your husband file now.

No. Your son is not adjusting. You don't need the G-325a. You don't need the I-134. You don't need the I-485. You don't need the I-765.

Here, have your US citizen husband follow these instructions; http://www.visajourney.com/content/childpet

-------------------------

Here is the EASIEST and LEGAL way to get your son what he needs.

First, your US citizen files the I-130 to petition your son NOW!!!! This would be an Immediate Relative case (IR-2), so it will take 6-12 months for your son to get an immigration visa.

Second, your son automatically gets a green card when he enters the US. The green card authorizes to work, go to school, and reenter the US; so no need for EAD or AP. He can even apply for a SSN with the DS-230, so no need to apply separately either.

Third, your son files for a Re-Entry permit. He MUST be in the US for his biometrics before he leaves. He can leave the US with his green card and have the Re-Entry permit be sent to the US Embassy where he can pick it up. With the Re-Entry Permit, he can be outside the US for up to 2 years.

Check out the old threads on this. Several people have gotten their children green cards before age 21, get Re-Entry permits, and return to finish school abroad.

Hello again and thank you for all the useful information. I have been doing extensive research and now have a clear idea on how to proceed.

1. My husband signed the I-130 Petition for Alien Relative Form

2. We added the $420 fee on a check made to U.S. Department of Homeland Security

3. We gathered the evidence and supporting documents that are required:

a. Copy of my husband's passport

b. Copy of my son's birth certificate, translated and certified by the translator.

c. Copy of our marriage certificate

d. Copies of dissolution of previous marriages, when necessary translated and certified

Since we live in California, I'm mailing the package to the Phoenix Lock box P.O. Box via Certified Mail, and Delivery Confirmation.

We have ensembled the package according to Visa Journey's suggestions and I'm mailing it tomorrow.

I understand that, whenever our Petition is approved, we will have to pay some fees and fill the form DS-230 and send some other documents. My son will then receive his packet 4, go to his medical in Ecuador, schedule an interview date, go to his interview and God - grant, get his visa stamped in his passport.

After that, he's got 6 months to enter the U.S. and he will receive his green card in the mail. I am not sure yet if we can still file a Re-Entry permit with just the stamp in his passport, or if we have to wait to get the Green Card in the mail.

I thank everyone of you for your input and your guidance. Specially for your patience!!! lol!!! I hope this information is useful to someone and, as we go through it, I will keep you posted with the progress.

God Bless you all!