What's the best way?

[alexandr 0]

Hi, I am Russian by descent, but an American citizen. I have a friend from Russia that I invited here to visit, our plans were to see some of the big cities together and she'd go home. Things didn't exactly work that way) As soon as she got here we fell in love, and after looking into all the options we had to be together, we decided we would marry now, and file for AOS. I haven't begun filling out the paperwork yet as we just got married this weekend, but here's my question. She left behind her 8 year old son with her parents. She's been here for 3.5 weeks already, and she misses him a great deal. We are trying to figure out what is the best, and quickest way to get him here. I am going to send in the paperwork for advance parole with the AOS, do you think it would be possible for Rita to return home to be with her son before I actually get the advance parole document in hand, and I could send it to her? And as far as paperwork for her son, I really have no idea what is the proceedure. I read somewhere that I can do an AOS for him as well, but let's say Rita goes home, gets the advance parole, and they give us an interview date, will she be able to fly here for the interview with her son? Sorry for sounding so confused about this process, this isn't something we planned to do, and so I didn't have any time to prepare, and everything is so confusing with immigration now, it's a lot different than when I came here with my parents.

[Transborderwife 4,666]

No. You'd have to file for an ir2 visa for her son. I'm not certain how long it would take.

[teeak 224]

Yeah, you'd have to file for IR2. He can't enter the US as a tourist with the intention of adjusting and immigrating.

When you file the I-130 for the son, approval times would depend on the service center and from then on it would go to NVC which usually takes 1-2 months. After that he'd get an interview.

I really think you should wait until she gets the AP/EAD combo card before leaving the US.

[arken 4,197]

Your recommended path:

1. File i130 and AOS/EAD/AP package concurrently for your wife, file i130 with consular processing for your stepson.

2. If everything goes well, your wife might get EAD/AP within 2-3 months and extra 1-3 months for GC. She can travel back and forth after getting EAD/AP or after getting GC but cannot bring her son in US until her son gets immigrant visa approved.

3. For her son, i130 approval time period is 2-6 months, NVC and visa interview processing average time period is 2-4 months.

[alexandr 0]

Yeah, you'd have to file for IR2. He can't enter the US as a tourist with the intention of adjusting and immigrating.

When you file the I-130 for the son, approval times would depend on the service center and from then on it would go to NVC which usually takes 1-2 months. After that he'd get an interview.

I really think you should wait until she gets the AP/EAD combo card before leaving the US.

Oh ok. How long does it usually take to get the AP card after filing the application with the AOS? And so when can I file this IR2? Do I send that in the same time as my wife's AOS? Also, can you give me some idea of how this will all work? If I'm reading it right, I can send in her AOS, his IR2, once she gets her AP she can go be with him until she gets an interview date. If the IR2 is approved before that date, she can travel here with him? Or does she have to come back here, do the interview, and then go back and bring him here? Hopefully not because all that travelling is going to kill my budget But I guess if the interview date occurs before this IR2 is approved she will have no choice but to do it that way.

[alexandr 0]

Your recommended path:

1. File i130 and AOS/EAD/AP package concurrently for your wife, file i130 with consular processing for your stepson.

2. If everything goes well, your wife might get EAD/AP within 2-3 months and extra 1-3 months for GC. She can travel back and forth after getting EAD/AP or after getting GC but cannot bring her son in US until her son gets immigrant visa approved.

3. For her son, i130 approval time period is 2-6 months, NVC and visa interview processing average time period is 2-4 months.

So is the i130 the same as the IR2 that was discussed above? Are there any problems with her returning home before AP arrives? I guess the biggest problem would be if they don't grant it, but does that ever happen?

[alexandr 0]

Your recommended path:

1. File i130 and AOS/EAD/AP package concurrently for your wife, file i130 with consular processing for your stepson.

2. If everything goes well, your wife might get EAD/AP within 2-3 months and extra 1-3 months for GC. She can travel back and forth after getting EAD/AP or after getting GC but cannot bring her son in US until her son gets immigrant visa approved.

3. For her son, i130 approval time period is 2-6 months, NVC and visa interview processing average time period is 2-4 months.

The biggest issue would be getting her son's approval before the interview so she could bring him on the trip she makes to attend the interview. It seems like with the time periods you gave it could possibly happen that way.

[teeak 224]

Oh ok. How long does it usually take to get the AP card after filing the application with the AOS? And so when can I file this IR2? Do I send that in the same time as my wife's AOS? Also, can you give me some idea of how this will all work? If I'm reading it right, I can send in her AOS, his IR2, once she gets her AP she can go be with him until she gets an interview date. If the IR2 is approved before that date, she can travel here with him? Or does she have to come back here, do the interview, and then go back and bring him here? Hopefully not because all that travelling is going to kill my budget But I guess if the interview date occurs before this IR2 is approved she will have no choice but to do it that way.

IR2 is the visa category (minor children of USC). You would file the form, I-130 to petition for him. Follow the guide here: http://www.visajourney.com/content/childpet

I believe it usually takes about 3 months after filing the AOS to receive the AP/EAD card. You should file the form I-130 for your step son as soon as you can. You would send it in as a different package but, I would say send it in ASAP so you can get a head start.

Yep, she can wait with him once she gets her AP until its time for his interview. Yep, if he gets his visa, she can travel with him back to the US.

If her interview date is before his interview date then she'll need to come back.

[aaron2020 11,651]

So is the i130 the same as the IR2 that was discussed above? Are there any problems with her returning home before AP arrives? I guess the biggest problem would be if they don't grant it, but does that ever happen?

The I-130 is the petition you file. Once approved, you get to file more paperwork at the NVC. Her child then files the DS-260 for a visa. The visa for him would be an IR-2.

If she leaves without AP, then the AOS will be legally abandoned and she will not be allowed back. You can Nor send it to her after she leaves. If her departure date is before the AP issued date, then she abandoned her AOS by leaving when she did not have AP.

You are making this difficult while trying to pursue an AOS for her and a visa for the son. There is no way his iR2 will be approved while she is waiting for her AOS to be done. Her AOS must be approved since it's the relationship which established him as your stepson.

Let her go home and pursue visas for both of them. Don't bother with AOS for her if your goal is to minimize her separation from her child.

Best of luck

[alexandr 0]

The I-130 is the petition you file. Once approved, you get to file more paperwork at the NVC. Her child then files the DS-260 for a visa. The visa for him would be an IR-2.

If she leaves without AP, then the AOS will be legally abandoned and she will not be allowed back. You can Nor send it to her after she leaves. If her departure date is before the AP issued date, then she abandoned her AOS by leaving when she did not have AP.

You are making this difficult while trying to pursue an AOS for her and a visa for the son. There is no way his iR2 will be approved while she is waiting for her AOS to be done. Her AOS must be approved since it's the relationship which established him as your stepson.

Let her go home and pursue visas for both of them. Don't bother with AOS for her if your goal is to minimize her separation from her child.

Best of luck

So are you saying to let her go home, and then file for a spousal visa? That takes a long time, right?

[Anh map 2,098]

No longer than it will take for the son's visa.

[Jawaree 718]

The I-130 is the petition you file. Once approved, you get to file more paperwork at the NVC. Her child then files the DS-260 for a visa. The visa for him would be an IR-2.

If she leaves without AP, then the AOS will be legally abandoned and she will not be allowed back. You can Nor send it to her after she leaves. If her departure date is before the AP issued date, then she abandoned her AOS by leaving when she did not have AP.

You are making this difficult while trying to pursue an AOS for her and a visa for the son. There is no way his iR2 will be approved while she is waiting for her AOS to be done. Her AOS must be approved since it's the relationship which established him as your stepson.

Let her go home and pursue visas for both of them. Don't bother with AOS for her if your goal is to minimize her separation from her child.

Best of luck

Concur, falling in love getting married & stayed to AOS might carry some ??? (immigrant intention on arrival)

her going before her expiration date here while you petition both would be best,

some ppl even get to visit while processing if they prove ties to their country (which

would be her young son petitioned with her) and have not overstayed on past visits,

[gw68ad78 64]

The question is how long is your wife able/ willing to be separated from her child? Can her parents take care of him for what may potentially be a very long time? How will her child fare being left in general and left behind for you specifically? These are personal considerations that your wife would be able to answer and will help form your decision. Me, I'd go back before my B visa expires, file properly and help prepare my family for a transition to the US. Try to become as well informed as possible befire expiry so you have the most options. Good luck.