Need help understanding I-130 process

[Ken1 0]

Hi Everyone,

My wife (a US Permanent Resident) and I (US Citizen) are getting ready to apply for an I-130 for her son to come to the US from Brazil, and we'd love some help from the knowledgable people here. He is 18, so we are feeling the pressure of getting this done with plenty of time before he is 21. We would also like to see him and have him come visit us as soon as possible, but not necessarily live here on a permanent basis right now, though that too is a possibility.

My understanding is that when he receives the I-130 he can come to the US and will have to stay here until he receives his residency, after which time he can travel back to Brazil. However, USCIS can give me no timeline on how long it takes to get the I-130 after applying, how long the I-130 is valid for to enter the US (or in other words, how soon after receiving his I-130 he has to use it), and how long it could take after he comes into the US to receive his residency. With all these unknowns it is very hard to make plans. Does anyone have a sense of these timelines?

What we would really like is for him to have his US residency, and be able to spend time in both the US and Brazil. We are open to him living in the US with us, but what would be ideal is if he could come and go between the US and Brazil. We are reluctant to apply for a tourist visa as we hear those can be very hard to get coming from Brazil, and USCIS told me that once we apply for an I-130, we cannot apply for a tourist visa. Not sure what to do - any advice would be appreciated.

Thank you!

-K

[aleful 1,905]

hi,

that is incorrect. the GC is for residing in the US. if he isn't going to live here permanently then don't file for him. he cannot adjust status in the US, he will go through the entire process waiting in Brazil through consular processing and enter the US with the visa.

the i130 can take around 5 to 7 months, more or less.

he must decide where he wants to live, if he doesn't want to live here, then it's no use in filing for him. he can visit, but he must live and prove that he lives here most of the year, or they will take away his GC.

now if he wants to study at the university in Brazil, he can get a reentry permit once he's here for 2 years so he doesn't loose his GC, and it can be renewed for another 2 years,

if not, he has to permanently live here. A GC is not to be used as a tourist visa, it's to live here permanently like your wife is.

who would be filing, you as his stepfather, since the marriage took place before he turned 18? or would his mother file for him?

so the question is, does he want to live here permanently? if not, you can file for him when he's ready.