returning resident visa,how can i bring my 2 yr old son to the US?

[Airis 0]

I got approved for sb1 visa now going for my immigrant visa interview(returning resident).If i get approved can I bring my 2 yr old son w me?do i need to file a petition for him?reason i had to apply for sb1 visa bec i overstayed due to complicated pregnancy.

[Unlockable 7,315]

Yes, you will have to file a petition for your son. Unfortunately, it will take more than a year before your son receives a visa.

[SusieQQQ 11,587]

32 minutes ago, Airis said:

I got approved for sb1 visa now going for my immigrant visa interview(returning resident).If i get approved can I bring my 2 yr old son w me?do i need to file a petition for him?reason i had to apply for sb1 visa bec i overstayed due to complicated pregnancy.

Is this son from the complicated pregnancy?

is SB1 different from other immigrant visas that you don’t have the child as a derivative on your application? 

 

I’m kind of curious as to why you are only exploring the options for your child to come with at this late stage in the process. 

Edited October 24, 2017 by SusieQQQ

[Airis 0]

18 minutes ago, SusieQQQ said:

Is this son from the complicated pregnancy?

is SB1 different from other immigrant visas that you don’t have the child as a derivative on your application? 

 

I’m kind of curious as to why you are only exploring the options for your child to come with at this late stage in the process. 

Yes.im a greencard holder but overstayed out of country for 2 yrs.it took a year for me to get my sb1 appt.

[Airis 0]

Just now, Airis said:

Yes.im a greencard holder but overstayed out of country for 2 yrs.it took a year for me to get my sb1 appt.

Yes my son is from my complicated pregnancy.SB1 are for greencard holders who overstay out of country for over 12 months.

[NigeriaorBust 4,087]

 The process for a green card holder to petition an immediate relative is about 2 years

[SusieQQQ 11,587]

35 minutes ago, Airis said:

Yes.im a greencard holder but overstayed out of country for 2 yrs.it took a year for me to get my sb1 appt.

I understand what a SB1 is for. The question was asking whether it’s not possible to bring a derivative with on this type of immigrant visa... I guess the answer is no.... as well as now being even more curious, if it took you a year to get get the appointment (plenty of time to do research) why you are only now looking at what the options for your child are.

Edited October 24, 2017 by SusieQQQ

[Airis 0]

9 hours ago, SusieQQQ said:

I understand what a SB1 is for. The question was asking whether it’s not possible to bring a derivative with on this type of immigrant visa... I guess the answer is no.... as well as now being even more curious, if it took you a year to get get the appointment (plenty of time to do research) why you are only now looking at what the options for your child are.

What other options do i have?i spoke to someone from the us embassy and they told me i cant do anything to bring my son back unless i fix my status.the quickest way was applying for sb1 visa

[Airis 0]

39 minutes ago, Airis said:

What other options do i have?i spoke to someone from the us embassy and they told me i cant do anything to bring my son back unless i fix my status.the quickest way was applying for sb1 visa

 

31 minutes ago, Dee elle said:

SB1 may fix your status but will not address the childs status... under what pathway did you become an LPR? Are you married to a USC or LPR? 

Married to a USC but separated now.my son is not his son.

[Unlockable 7,315]

7 hours ago, Airis said:

What other options do i have?i spoke to someone from the us embassy and they told me i cant do anything to bring my son back unless i fix my status.the quickest way was applying for sb1 visa

 

6 hours ago, Airis said:

 

Married to a USC but separated now.my son is not his son.

This is going to be tough. If you file for your son it will take 2 years. There is no way around it. But now the clock is ticking for you to return to the US to regain/continue your status.

 

Your options are extremely limited to be able to have your son have the proper visa to enter in the US at the same to as you.

For example:

1. Reconcile with your husband (if divorce was not filed) and have him file for your son. (This is an extremely hard sell as the child is not his.)
2. Divorce your husband and abandon permanent status, stay in your home country, and eventually fall in love with another US citizen who can petition the both of you. (Not only would this raise red flags but also will take a very long time before you are back in the US.)
3.  You return to the US to continue your permanent residency, file for your son, visit him when you can without too many trips or staying too long out of the US. 

As you can see, number 3 is the most realistic option. But even then you have a lot of challenges. You and your husband are separated so you would basically be returning to the US with little support. You will have to find work and a place to stay on your own all while helping to care for your child back home. Not to mention you would have to go though the divorce and Remove your Conditions on your own.

 

These are the only legal options I could think of. I'm sorry for your situation but you really have to sit down and think about your next move. Even if your next move is to not move (to the US) at all.

Edited October 25, 2017 by NuestraUnion

[Airis 0]

7 minutes ago, NuestraUnion said:

 

This is going to be tough. If you file for your son it will take 2 years. There is no way around it. But now the clock is ticking for you to return to the US to regain your status.

 

Your options are extremely limited to be able to have your son have the proper visa to enter in the US at the same to as you.

For example:

1. Reconcile with your husband (if divorce was not filed) and have him file for your son. (This is an extremely hard sell as the child is not his.)
2. Divorce your husband and abandon permanent status, stay in your home country, and eventually fall in love with another US citizen who can petition the both of you. (Not only would this raise red flags but also will take a very long time before you are back in the US.)
3.  You return to the US to continue your permanent residency, file for your son, visit him when you can without too many trips or staying too long out of the US. 

As you can see, number 3 is the most realistic option. But even then you have a lot of challenges. You and your husband are separated so you would basically be returning to the US with little support. You will have to find work and a place to stay on your own all while helping to care for your child back home. Not to mention you would have to go though the divorce and Remove your Conditions on your own.

 

These are the only legal options I could think of. I'm sorry for your situation but you really have to sit down and think about your next move. Even if your next move is to not move (to the US) at all.

Thanks for your advice but i have to move to US i have 2 kids from my husband and theyre living w their aunt bec my husband cant take care of them(work).theyre only 15 and 8.i have to get them.my husband knows about my son and hes helping me financially get back so i can get our kids.i was told that if i regain my visa after my son was born i can take him w me.i just need a transportation letter from the us embassy.i dont know if anyone have done this before. 

Edited October 25, 2017 by Airis

[Airis 0]

10 minutes ago, NuestraUnion said:

 

This is going to be tough. If you file for your son it will take 2 years. There is no way around it. But now the clock is ticking for you to return to the US to regain your status.

 

Your options are extremely limited to be able to have your son have the proper visa to enter in the US at the same to as you.

For example:

1. Reconcile with your husband (if divorce was not filed) and have him file for your son. (This is an extremely hard sell as the child is not his.)
2. Divorce your husband and abandon permanent status, stay in your home country, and eventually fall in love with another US citizen who can petition the both of you. (Not only would this raise red flags but also will take a very long time before you are back in the US.)
3.  You return to the US to continue your permanent residency, file for your son, visit him when you can without too many trips or staying too long out of the US. 

As you can see, number 3 is the most realistic option. But even then you have a lot of challenges. You and your husband are separated so you would basically be returning to the US with little support. You will have to find work and a place to stay on your own all while helping to care for your child back home. Not to mention you would have to go though the divorce and Remove your Conditions on your own.

 

These are the only legal options I could think of. I'm sorry for your situation but you really have to sit down and think about your next move. Even if your next move is to not move (to the US) at all.

3)  Certain Alien Children Not Required to Obtain Visas: 

(a)  The child born after the issuance of a visa to a parent, or a child under two years of age born of a Lawful Permanent Resident alien mother during a temporary visit abroad, is not required to have a visa.

(b)  Requiring Reentry Document of Child’s Parent:  The provisions of 9 FAM 201.2-3paragraph (3)(a) above apply only if the alien parent is in possession of a valid Form I-551, a valid reentry permit, refugee travel document (lawful permanent resident only), or an SB-1 visa. With respect to 22 CFR 42.1(d), it is irrelevant whether the visa issued to the accompanying parent is an initial visa or a replacement visa.

[Unlockable 7,315]

7 minutes ago, Airis said:

3)  Certain Alien Children Not Required to Obtain Visas: 

(a)  The child born after the issuance of a visa to a parent, or a child under two years of age born of a Lawful Permanent Resident alien mother during a temporary visit abroad, is not required to have a visa.

(b)  Requiring Reentry Document of Child’s Parent:  The provisions of 9 FAM 201.2-3paragraph (3)(a) above apply only if the alien parent is in possession of a valid Form I-551, a valid reentry permit, refugee travel document (lawful permanent resident only), or an SB-1 visa. With respect to 22 CFR 42.1(d), it is irrelevant whether the visa issued to the accompanying parent is an initial visa or a replacement visa.

Can you provide the link to where you obtained this information so I can research?

 

Again, the issue is the child is NOT your husband's, the person you obtained the green card from.

[NikLR 13,232]

It doesnt say the child cant go regardless.  In fact it says he can because she has an sb1. 

[SusieQQQ 11,587]

The child can go with on her SB1 if he is under 2. But from what she posted earlier it sounded like he was already past his 2nd birthday? And she still hasn’t had the actual immigrant visa interview yet, just the screening one?