Father not wanting to sign I-130

[Ajinomoto123 0]

So your potential soon-to-be-divorced step-father will be taking a temporary trip to the US and doesn't want to file for you anyway, and your mother will be staying in Brazil?

Then you have no business in the US.

Enjoy Brazil.

He is my father, I have his last name and on my documents he is my father, the divorce doesnt affect thay fact. He will be staying in the US for one year on May, since he is getting rettired (wich you can oly be if you live in the US).

[MacUK 983]

He is my father, I have his last name and on my documents he is my father, the divorce doesnt affect thay fact. He will be staying in the US for one year on May, since he is getting rettired (wich you can oly be if you live in the US).

But unless he wants to petition for you, how do you plan to get him to do it?

[Avery Cates 1,141]

He is my father, I have his last name and on my documents he is my father, the divorce doesnt affect thay fact. He will be staying in the US for one year on May, since he is getting rettired (wich you can oly be if you live in the US).

You can not listen, and you can try and spin it to sound however good to you that you want it to, but none of that is going to matter to CBP.

[belinda63 3,047]

1. Your father has to file the I-130. If he doesn't want to file for you there is nothing you can do. You cannot obtain a visa without the petition.....which has to be filed by your father.

2. Your father must LIVE in the US, not just visit for a period of time.

[Ryan H 3,834]

***Two posts adding nothing to the discussion removed.***

[Ajinomoto123 0]

But unless he wants to petition for you, how do you plan to get him to do it?

I´m stil talking to him, all of this situation is new, he will sign when in the US, just needs some time (I hope).

[belinda63 3,047]

When will you turn 21 and are you married? If he decides to file the petition prior to you turning 21 and if you are single you will have about a year wait for the visa. He must be living in the US. If you turn 21 prior to him filing the petition ( if he does) you have about a seven year wait and he must be living in the US.

[aleful 1,905]

ditto

if and when he files for you, you already would have turned 21 or more and the wait is over 7 years, if you remain unmarried or 10 years if you marry

so no coming any time soon.

[Cathi 5,794]

Is there a reason why you aren't listening to one single person here? UNLESS YOUR STEP FATHER LIVES IN THE US HE CANNOT PETITION FOR YOU. END OF STORY. VISITING IN MAY IS JUST THAT, A VISIT, HE DOES NOT LIVE HERE. HE ALSO DOES NOT WANT YOU HERE, YOU CANNOT FORCE HIM TO FILE A PETITION FOR YOU. NO MATTER HOW YOU TWIST YOUR STORY THERE IS NO WAY FOR YOU TO GET A VISA TO THE US THROUGH YOU STEP FATHER. COMPRENDE'? Why do people ask questions an then get their panties in a bunch when the answers aren't what they want to hear? And NO, your step-sister's husband can't petition for you either.

[Mark88 184]

He will be staying in the US for one year on May, since he is getting rettired (wich you can oly be if you live in the US).

Do you mean he is actually moving back for atleast that time? If this is the case, you might have a chance if HE files an I-130 for you.

[Ryan H 3,834]

***Five additional non-responsive posts removed and two members thread banned. Either stick to the topic or do not post.***

[lost_at_sea 995]

It seems that folks are getting tired of explaining. Maybe a fresh voice will help. Let me summarise all the excellent advice you have already been given.

Your legal step-father (who adopted you) cannot file the I-130* for you because he does not reside in the USA (he does not have a USA domicile). He cannot sign the forms for you when he is visiting the USA, as he will only be there as a visitor, not a resident. As long as his primary residence is in Brazil, he cannot help you (and he doesn't want to, anyway).

You need to drop this path and look for another (student, perhaps).

If he moves back, like, actually moves back to the USA - gives up his residence in Brazil - then you can ask him again.

* Caveat. He could file the I-130, but he'd have to have re-establish (or have evidence of it being in progress) a domicile by the time the I-864 comes up, and actually follow through. Doesn't sound like that's what's going to happen, though.

Edited March 2, 2014 by lost_at_sea

[Ajinomoto123 0]

It seems that folks are getting tired of explaining. Maybe a fresh voice will help. Let me summarise all the excellent advice you have already been given.

Your legal step-father (who adopted you) cannot file the I-130* for you because he does not reside in the USA (he does not have a USA domicile). He cannot sign the forms for you when he is visiting the USA, as he will only be there as a visitor, not a resident. As long as his primary residence is in Brazil, he cannot help you (and he doesn't want to, anyway).

You need to drop this path and look for another (student, perhaps).

If he moves back, like, actually moves back to the USA - gives up his residence in Brazil - then you can ask him again.

* Caveat. He could file the I-130, but he'd have to have re-establish (or have evidence of it being in progress) a domicile by the time the I-864 comes up, and actually follow through. Doesn't sound like that's what's going to happen, though.

Hi,

I already understood all that, I said he will go on May to the US to retire, in order to retire you need to be living in the USA, so if he signs (looks like he will) than I´ll go

Thanks!

[MacUK 983]

When will you be 21 years old?

[belinda63 3,047]

If he files after you turn 21 you will have to wait about 7 years for a visa number to become available.