Can my stepson split time between countries?

[Pinball1921 4]

My wife (whose case is currently at the NVC) has a child from a previous relationship and we would like it if he could split time between panama and the United States because he still maintains a relationship with his father. We were planning on submitting an I-130 for him, but would he be able to come back and forth often with a green card? I know it's ok for short trips away from the US, but can he split his time half and half between two countries? He DOES have a travel visa already, but wouldn't customs question it if my permanent resident wife was bringing him in the country? They might think she is planning on keeping him permanently with a travel visa. I hope someone has had this experience and can share their thoughts on what we should do. Thanks!

[The Mean Lady 604]

He needs to spend the majority of his time in the US if he is a green card holder.

Perhaps 7/5months is a better split.

[Pinball1921 4]

The problem with that is that I don't think his father would sign off on that. Do you know if he could visit on his travel visa without being scrutinized by customs? If his mother is a permanent resident or citizen, would he be able to make it through customs and stay just a couple months at a time?

[The Mean Lady 604]

He can't stay any longer than the visa allows.

[Pinball1921 4]

I understand that, but would getting in the country to begin with be problematic, due to his mother being a permanent resident already? Would customs possibly deny entry to him based on that?

[Ivy. 113]

I understand that, but would getting in the country to begin with be problematic, due to his mother being a permanent resident already? Would customs possibly deny entry to him based on that?

That is possible and completely up to the officer.

If your stepson was going to school in Panama and visited only for summer (cca 3 months) and Christmas (cca 2 weeks I guess?) then he should bring his school records and a letter from his dad saying he will be spending the holidays there with his mother, but be back in Panama for school by XX date.

Alternately, you could have him go to school in the US (as a green card holder) and visit his father in Panama for holidays.

Doing anything close to 50% - 50% time in both countries is not only very risky paper-wise (overstaying/being denied on tourist visa or losing the green card), but also probably not doable with a child that goes to school.

[The Mean Lady 604]

I understand that, but would getting in the country to begin with be problematic, due to his mother being a permanent resident already? Would customs possibly deny entry to him based on that?

Possibly.

How old is said son?

I assume he'll have some kind of joint custodial agreement in which case he should travel with that to show he HAS to return to his country due to the agreement.

[Pinball1921 4]

He is 8, and the father has already agreed to at least let him come on vacations. So having him sign an agreement wouldn't be difficult I think

[The Mean Lady 604]

He is 8, and the father has already agreed to at least let him come on vacations. So having him sign an agreement wouldn't be difficult I think

Other poster is correct.

How would he even go to school?

I think he needs to stay with his father and visit only during holidays to the US.

He should bring the agreement (notarized) as well as school registration.

[Boiler 45,541]

I agree

[Pinball1921 4]

Thanks everyone

[aaron2020 11,651]

If the child goes to school in the home country and dad register him at his address, then the child could be deemed to have abandoned his US residency because a custodial parent claimed home country residency for him to go to school.

This plan doesn't doesn't seem workable. What kind of education will this child have if every 6 months, he has to change school? Furthermore, school in the US is only 9 months. So 4.5 months here and 4.5 months there?

[Darnell 8,478]

He is 8, and the father has already agreed to at least let him come on vacations. So having him sign an agreement wouldn't be difficult I think

Things change when said child holds an immigrant visa

and when said child holds a green card.

The 'travel visa' basis is not anything like the 'immigrant visa' basis or even 'green card' basis

so

it sounds to me, like there should be a re-evaluation by the mother and father, to come to agreement for a new 'term' of living and/or visitation based on the new basis that will be popping up later.

[Mark88 183]

There are some international schools that work on the same curriclium. This way if you change schools to different countries, the curriclium stays the same and he usually picks up there where he left off (even if in the middle of the school year). These schools are very expensive though (couple 1000$ a year).