Lawyer advice but im not sure to trust them

[kristinebelle 3]

Hello there people.

Okay so I came in the US under k1 visa and now i am adjusting my status. I have a 4 yr old son who is still in the Philippines right now, we did not have a k2 visa before since my son is using his dads last name and wont sign any papers for my son to be with me here in the US. Now my sons dad changed his mind and will sign the papers (urghh what a pain in the a**) so me and my husband are so excited about it. I posted here before on what visa should we apply for my son and most of the answer is to file I-130 (Ir2-Cr2) since my husband is the one who will petition him.

My husband went to an immigration lawyer and ask whats the best way and fastest way we can get my son to live here with us and the lawyer said to get a tourist visa and do the adjustment of status when he gets here. The thing that i was wondering about is my son should be under immigrant visa not a tourist visa since he will be petitioned by my husband.

Now i am wondering if we should continue listening to this lawyer or not. Any advice's from people who filed k1 and get their son from their country? what visa/papers did yall file?

thank you

[Mark88 183]

The lawyer is giving you information that falls in a grey area. A visitor visa is basicly for people who want to visit and then leave again. In rare cases AOS makes sense since plans sometimes change and the family member in question wants/need to stay in the US. However this is what the CO's will base their decisions on. So if a small child applies for a visitor visa, has a mom and stepdad already in the US, the chances that he will be granted the B-2 (visitor) visa are very slim. Should it be granted, and you do AOS, you will have to proofe to USCIS that you had a spur of the moment change. If you fail to do this, the whole story can end in deportation for your child and fines for you.

This is why your idea of an immigrant visa is the more correct option and takes about 6-12 months on average to complete.

[Harpa Timsah 13,258]

Your lawyer is giving you not only illegal advice but probably advice that will fail. I don't think your son would be able to get a tourist visa under the circumstances.

Have you looked into follow-to-join benefits for the K-2? I believe you can apply for a K-2 up to one year after you got your K-1 visa.

[kristinebelle 3]

Exactly I was really thinking that a tourist visa will not help my son to stay here, it was never on the picture when i was researching about visa's for him to com over. I hate it when lawyers give incorrect advice's that will make you suffer your entire life. and i was thinking there doing it for the money

Your lawyer is giving you not only illegal advice but probably advice that will fail. I don't think your son would be able to get a tourist visa under the circumstances.

Have you looked into follow-to-join benefits for the K-2? I believe you can apply for a K-2 up to one year after you got your K-1 visa.

Ive been here for more than a year now and I talked to one person too (rapidvisa agent) and told me that i can have my son under a k2 visa. im so confused but i have a strong feeling that tourist visa is the best way.

Edited October 4, 2013 by kristinebelle

[apple21 953]

Is your son an illegitimate child? If yes, you never had a problem in the first place even of the child is using his bio father's surname. He could have immigrated as a K2 with you.

That lawyer is stupid to even suggest to get a tourist visa then adjust status. Using a tourist visa for immigrant intent is fraud.

What your USC husband needs to file NOW is i-130, petition for a step-child.

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

Edited October 5, 2013 by apple21

[kristinebelle 3]

@apple21 exactly!! All the research I made suggests to file i130 (my USC husband will file the petition) when my hubby went to the lawyer I was so surprised hearing about the tourist visa thingy.. So stupid and looking after the money I am sure about it coz im the consulattion was 100$ and it was just less than 30 mins. Urghhhh

[Darnell 8,478]

regardless of the lawyer's advice,

I'm very surprised your husband not file I-130 yet.

[kristinebelle 3]

Not yet coz we went to the consulate first to get the papers for my son to get his passport and we waited for my sons birth certificate to get done since it has a clerical error but now it's all fixed and were ready to go but then this idiot lawyer just makes me mad.

[Darnell 8,478]

was it your husband's decision to seek advice from an immigration attorney ?

[kristinebelle 3]

Actually both of us decided to get legal advice for this and get an immigration lawyer to accompany us throughout the process but then when he had the meeting this morning it makes me decide not to continue with this lawyer anymore and just do the papers by ourselves..

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of US Citizens to America forum.

[belinda63 3,038]

Do it yourself, very simple. Highly unlikely your son would be able to obtain a tourist visa to visit his mom and step dad in the US. File the I-130 following the guides.

[kristinebelle 3]

Yes the ir-1 cr-1 is the correct one based on my research.. The lawyer needs to know what's he's doing tho.. Tsk.. I'm praying this is it!!

[bigdog 376]

^{I would file an I-130.}

[kristinebelle 3]

I-130 is the paper you file for ir-1/cr1 right?