child visa

[carlitos 0]

I am a US citizen married to Brazilian woman who came to the US on a tourist visa I-94 which expired. We married 8/06 and I pettitioned 10/06 (I-130) for her 4 1/2 y.o. son who has never left Brazil. My wife received her green card on 2/07 and is now back with her son. The processing center is Vermont and the time line is about 8-10 months. My question is whether it is possible/legal to apply for the child to enter as a tourist and then return to receive his permanent visa in Brazil. I read on the FAQ on our website and it does not appear that we qualify for the "following to join benefit"

Thanks a million

Carlos and Fabi/NY & Brazil

[~Chad~ 0]

I don't have an answer to your question but just wanted to say welcome to VJ

[meauxna 15]

I am a US citizen married to Brazilian woman who came to the US on a tourist visa I-94 which expired. We married 8/06 and I pettitioned 10/06 (I-130) for her 4 1/2 y.o. son who has never left Brazil. My wife received her green card on 2/07 and is now back with her son. The processing center is Vermont and the time line is about 8-10 months. My question is whether it is possible/legal to apply for the child to enter as a tourist and then return to receive his permanent visa in Brazil. I read on the FAQ on our website and it does not appear that we qualify for the "following to join benefit"

Thanks a million

Carlos and Fabi/NY & Brazil

There are a number of threads about visiting with a petition pending that you should search out. The issue for you is the same: will the Border Agent admit a person who is immigrating?

If the child does not yet have a tourist visa (B-1/B-2) then it will cost you $100 to see if he can even get that far.

Rather than rely on the fictitious timelines posted for Vermont, you should also look at the member-generated timelines here for a better idea of how long VSC is taking with I-130s (if you haven't already).

Welcome!