K2 left USA before AOS and now wants come back

[Zaccardi 0]

Hi. My fiancée and her son came to USA under k1/k2. Now we are married (almost one year)and she has ss#, DL, EAD an her temporary green card should arrive soon. The issue is that my stepchild left the country before his AOS. Now after 10 months he regretted and he wants to live with us again. Obs: He left the country before I put all papers in. He just had his passport and k2 on it. What can I do now in order to my stepson be able to come back?

Is worth get his b-visa and here apply? what is correct?

Thank you all.

[Harpa Timsah 13,258]

No, he needs an immigrant visa. You would petition him as a step son starting with form I-130.

The bonus is that he will get his GC upon entry, but the process will take the better part of a year.

[aaron2020 11,651]

It's immigration fraud to use a b-2 non-immigrant visa to enter the US with the intent to immigrate. So, this is the last thing you want to do.

How long it will take for your stepson to immigrate to the US will depend on his current age and his age in the day you married his mom. If you provide these two bits of info, I can give you a better answer.

[Zaccardi 0]

It's immigration fraud to use a b-2 non-immigrant visa to enter the US with the intent to immigrate. So, this is the last thing you want to do.

How long it will take for your stepson to immigrate to the US will depend on his current age and his age in the day you married his mom. If you provide these two bits of info, I can give you a better answer.

He is now 15 and 14 at the our wedding time. Although over 3 years of conversation about them come to live in the USA , when he got here, he was a lil be afraid when facing all these new challange at that time. He decided to go back to Brazil and a couple of months passed, he started to say how much he is missing us and about his mistake. I was thinking that he should apply for a tourist visa, and stay with us the whole July (school vacation in Brazil and USA) and go back to Brazil to finish his year at school. That's the issue. Have him applying as a visitor so he can come to see his mom and stay with her some days or have him finish school till December while put a I130 and have him coming back, more mature next july/2014

thank you.

[Penguin_ie 5,992]

It may be difficult for him to get a B2 visa given his situation, but you can always try.

Keep in mind the I-130 petition you file takes most of a year, maybe bore, so you'll be wanting to file soon for him to come in July 2014.

[aaron2020 11,651]

You, the USC, stepdad can file for your 15 years old stepson. It will take about a year.

Mom can file too, billy it takes 2-3 years for an LPR to bring a minor child to the US.

Its quicker and better if the USC files rather than the biological parent.

[Harsh_77 716]

B2 would be difficult to get,given your situation where he has an option to enter on B2 and file for AOS just as you mentioned getting a B2 would be very very difficult.