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thongd4me

I-130 or let her son do his own visa?

By thongd4me in Bringing Family Members of Permanent Residents to America

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thongd4me Experienced

thongd4me   69

Posted
Filed: Lift. Cond. (apr) Country: Thailand
 Timeline
Posted

My wife's son is in early 20's and has a good job with a major international company in Thailand.

He is in no hurry to come here currently as he is planning to do masters degree but may want to in the coming years.

It's my feeling that he will have no problem getting a short-term visa to come here with his company as guarantor

as he has no plans to immigrate. That's why I kind of feel us going through an I-130 might be overkill at this point.

Would it be good to establish his existence as an alien relative even if he may be able to get a visa on his own?

Any ideas?

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

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Boiler Grand Master

Boiler   45,492

Posted
Filed: K-1 Visa Country: Wales
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Posted

What do you mean by establishing his existence as an alien relative?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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thongd4me Experienced

thongd4me   69

Posted
Filed: Lift. Cond. (apr) Country: Thailand
 Timeline
  • Author
Posted (edited)

In the instructions for the I-130 form, under "Purpose" at the top...

"to establish the existence of a relationship to certain alien relatives

who wish to immigrate to the United States."

http://www.uscis.gov.../i-130instr.pdf

Perhaps a better question would be should he get a visa where his

mother and I are guarantors or where his employer is a guarantor?

I'm wondering in the latter case if it would still be necessary for us to

fill out the I-130 and present it to the USCIS.

He has no plans to immigrate but might want to get a tourist visa.

Tourist visas are still kind of arduous for Thais to get if they

aren't either very rich or have something that ties them very strongly

to Thailand like my stepson has through his employment.

What do you mean by establishing his existence as an alien relative?

Edited by thongd4me

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

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Boiler Grand Master

Boiler   45,492

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You said he does not want to immigrate?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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thongd4me Experienced

thongd4me   69

Posted
Filed: Lift. Cond. (apr) Country: Thailand
 Timeline
  • Author
Posted

Affirmative

You said he does not want to immigrate?

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

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Boiler Grand Master

Boiler   45,492

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

So what is this about?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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thongd4me Experienced

thongd4me   69

Posted
Filed: Lift. Cond. (apr) Country: Thailand
 Timeline
  • Author
Posted

So what is this about?

since there is no intention to immigrate he should get his own visa as I told my wife in the first place;

she was under the impression that we had to sponsor him

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

The I-130 is a petition for an immigrant visa. If he does not wish to immigrate, then this should not be filled out.

If he wants a tourist visa, he needs to qualify for himself (by showing ties to his home country such as the good job, owning property etc), or if his work needs him in the USA, he can get a B1 visa for worm meetings or an L1 intra-company transfer to work in the USA.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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thongd4me Experienced

thongd4me   69

Posted
Filed: Lift. Cond. (apr) Country: Thailand
 Timeline
  • Author
Posted

The I-130 is a petition for an immigrant visa. If he does not wish to immigrate, then this should not be filled out.

If he wants a tourist visa, he needs to qualify for himself (by showing ties to his home country such as the good job, owning property etc), or if his work needs him in the USA, he can get a B1 visa for worm meetings or an L1 intra-company transfer to work in the USA.

that was my impression and now I'm sure of it. she was insistent that we had to sponsor him so I had to clear the air. thanks again

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

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