Bringing child on tourist visa and applying for residency

[Marielle L 0]

Hello everyone,

Sorry if this topic has already been discussed here, but we are just starting to figure this out. We are an American citizen and permanent resident couple. We want to bring the permanent resident's 6-year-old daughter to live with us in the US. She lives in Colombia and currently has a 10-year tourist visa to the US. We are hoping to bring her on the tourist visa, and then apply for residency once she is here.

So we could really use some advice on the best way to do this! How soon can or should we apply for residency once she arrives? How much time should we plan her visit for, i.e. how much time should we leave before her return plane ticket (even if she doesn't use it)? Could we get in trouble with USCIS if they see that we brought her as a tourist and then applied for residency?

Thanks for your help with these questions and any other advice you can give us!

[NigeriaorBust 4,087]

Using a visitors visa to enter the country with intent to immigrate on that visit is immigration fraud

[Cathi 5,783]

The girls'parent must file an I-130 petition on her behalf, before she is allowed to immigrate, and when the visa is granted she can enter the US. One cannot enter the US on a visitor visa with the intent to immigrate and remain here, that is visa fraud, and comes with severe consequences You have stated here that is your intent. Follow the guides on the top of this page for instructions on how to file a petition for child of LPR. Good luck.

Edited January 23, 2013 by mimolicious

[NigeriaorBust 4,087]

Actually the quicker route is to have the step father petition as a USC. Still file the I130 and wait.

[Marielle L 0]

Thank you for your replies. We certainly don't want to commit immigration fraud, or do anything else illegal! How do you think we should proceed, if the mother of the child (in Colombia) is not able to take care of her, and wants to give custody to the father, who is the permanent resident in the US. Is there possibly another process for us to be able to bring her sooner than the time it would take for the non-immigrant visa to be granted?

[Cathi 5,783]

Actually the quicker route is to have the step father petition as a USC. Still file the I130 and wait.

Yes, petitioning as a citizen the quickest route. But he can file now as a LPR and it can be changed to citizen petition after he takes the test. Either way the child cannot come here on a visitor visa and attempt to stay and adjust status.

[Cathi 5,783]

Thank you for your replies. We certainly don't want to commit immigration fraud, or do anything else illegal! How do you think we should proceed, if the mother of the child (in Colombia) is not able to take care of her, and wants to give custody to the father, who is the permanent resident in the US. Is there possibly another process for us to be able to bring her sooner than the time it would take for the non-immigrant visa to be granted?

she would not be receiving a non-immigrant visa, she would receive an immigrant visa. Unfortunately this is the only route. How long has her dad been a LPR? After he is a LPR for 3 years he can take the citizenship test, and the process would be quicker. Like stated above have him apply now and get things in motion.

[apple21 953]

Thank you for your replies. We certainly don't want to commit immigration fraud, or do anything else illegal! How do you think we should proceed, if the mother of the child (in Colombia) is not able to take care of her, and wants to give custody to the father, who is the permanent resident in the US. Is there possibly another process for us to be able to bring her sooner than the time it would take for the non-immigrant visa to be granted?

Are you married to the child's father?

If yes, as the child's stepmother and the US citizen, you can file i-130 for her. This is the quickest route. The child can immigrate within or less than a year.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=86493e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=86493e4d77d73210VgnVCM100000082ca60aRCRD

Edited January 23, 2013 by apple21

[apple21 953]

If you are not married to each other. The father, being an LPR, can file i-130 for his daughter, but it will take 2-3 YEARS before the child can immigrate.

If the father is the petitioner, the child will be under the F2A category (Unmarried child below 21 years old of LPR).

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=51ea3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=51ea3e4d77d73210VgnVCM100000082ca60aRCRD

[Marielle L 0]

Thanks so much for your advice everyone. Yes, we are married, so it sounds like the best thing to do will be for me as American citizen and step-mother to file the I-130 for our daughter/step-daughter. My husband has been an LPR for just over 3 years so we were also planning to apply for citizenship for him.

So we have one more question. Once we submit the I-130 application and are waiting for it to process, will she still be able to come and go to the US on her tourist visa within the legal time allowed? She has the B1/B2 valid for 10 years. Thanks!Thanks everyone for your advise. We have another question. Do you know if after we file the I-130, She would be able to come to the US with her tourist visa? (She has a 10 years tourist B1/B2) and of course been respectful with the legal periods to stay in the US, like she could stay for 6 months period, leave the country and come back and so on? while we wait for the USCIS answer and her permanent visa? Thanks again to everyone.