Kid over 18 of foreign military spouse -VISA?

[hashtagme 29]

Good morning,

I am german and married to an US Military servicemember.

I have 4 Kids, 3 of minor age and my oldest is 18, and was already 18 when we got married. My husband is retiring from Service next year and we all want to move to the US. We understand that we have to file the I-130 for me and 3 of the Kids but we dont quite understand the procedure with the oldest son. He is not my husband's legal stepchild because of his age at date of wedding, we know that. Now we are trying to find a way to make him be able to go with us- we do not wanna leave him behind, he still lives with me, goes to school here and we dont want to go without him. What are his options? We googled so much, called and emailed but cannot get a good answer. We read about K3/K4 visa for me/him. We can't be the only family with an older son that wants to immigrate to the States.. Has anyone gone through this procedure and can give us some advice? Does the fact that we all will be on Military retirement orders to the US matter?

Thanks in advance!

[Hypnos 6,577]

Unfortunately you have few options. 

 

As you say, your husband cannot file any family-based petition for him due to the stepparent-stepchild relationship being created after your son turned 18.

 

The only option you have would be for you to immigrate first and then upon entry you immediately file an I-130 for your eldest son. It should take around two years for his priority date to become current under F2A, but if he were to age-out into F2B it would instead be a wait of around seven years.

 

Priority dates cannot be expedited based upon your husband's military service or for any other reason. 

Edited April 11, 2018 by Hypnos

[Unlockable 7,315]

@Hypnos is correct. He will have to wait or stay behind.

 

One other option I want to mention won't be any easier. You could enter the US briefly to activate your green card. Then apply for a I-130 for him. Then apply for a reentry permit which allows you to be out of the US for up to 2 years. You could then wait with him until his visa becomes current. There is a heavy risk to this. This would mean extra fees (for the reentry permit(s)), processes, and separation from your husband and life in the US for a long time. I don't know if it would be worth it.

 

We know he is your son and you may still consider him a young child at 18, but the US government considers him an adult. In the eyes of the US government, if he is at an age to vote or to be trained and fight in a war, he can go out on his own and live his own life. Immigration has an abrupt way of "cutting the cord", so to speak.

[hashtagme 29]

 

what about if we move to the States on Tourist Visa (?) and file for everything over there? Can he stay there til everything is approved?

Ive heard about People going there first and then do the VISA paperwork ..

What about the K3/K4 Visa Option Ive also read about?

Im  sorry for all those questions, its rather devastating News to be honest.

 

Thank you again

[Going through 5,671]

10 minutes ago, hashtagme said:

what about if we move to the States on Tourist Visa (?) and file for everything over there? Can he stay there til everything is approved?

You cannot cross the border on a tourist visa with the intent to immigrate----that's immigration fraud.  A tourist visa is for tourism only (short vacation and then returning to your home country.)

[hashtagme 29]

 

 

2 minutes ago, Going through said:

You cannot cross the border on a tourist visa with the intent to immigrate----that's immigration fraud.  A tourist visa is for tourism only (short vacation and then returning to your home country.)

Thank you, thats what I thought

 
Do I have to be in the US to file for his I-130 or can I do all that from Germany while my husband is in the US?

[Going through 5,671]

15 minutes ago, hashtagme said:

 

 

Thank you, thats what I thought

 
Do I have to be in the US to file for his I-130 or can I do all that from Germany while my husband is in the US?

Only a USC/LPR can file the i-130 from outside the US.

Hypnos and Nuestra outlined your only legal options at this point, given your eldest son's age.

 

Edited April 11, 2018 by Going through

[hashtagme 29]

Just now, Going through said:

Only a USC/LPR can file the i-130 from outside the US.

Hypnos and Nuestra outlined your only legal options at this point.

 

Thank you

[Boiler 45,733]

He will be close to 30 before he could move.

 

18 now, not moving until next year is 19, so he will be over 21 before a visa number becomes current.

 

F1 Student Visa?

 

Basically he is an adult and needs to find his own way.

[NigeriaorBust 4,087]

  The student visa would be iffy because he has to show intent to return to Germany which isn't really his intent.  There is also the costs of the tuition as a foreign student.  Is Germany eligible for the DV lottery ? ( assuming reform doesn't kill it and he gets lucky enough to be selected )    Does he have any skills that would get him a work visa ?

[hashtagme 29]

3 minutes ago, NigeriaorBust said:

  The student visa would be iffy because he has to show intent to return to Germany which isn't really his intent.  There is also the costs of the tuition as a foreign student.  Is Germany eligible for the DV lottery ? ( assuming reform doesn't kill it and he gets lucky enough to be selected )    Does he have any skills that would get him a work visa ?

Yes, germany is eligible for the DV lottery. We wanna look into that as well but to be honest, the chances are super low to get selected. I dont even know if its continued, Ill have to research. 

He is just getting his german abitur next march, so i don’t know what he would be good in, work-wise. 

I just dont know what to do at this point. My husband will get orders for the US, and we will be here. This is basically breaking a family apart. My son doesnt really have anyone here that he could rely on, he is a smart boy and capable of living on his own, I think, but theres a difference if mom/family lives around the corner or on a different continent. 

We didnt get married for a visa.. we didn’t research any of this when we planned our wedding .. and now it turns out that we got married just one month and a couple days too late.

Heartbreaking.

[NigeriaorBust 4,087]

  Your husband could return to Germany and you all live there ?

[hashtagme 29]

4 minutes ago, NigeriaorBust said:

  Your husband could return to Germany and you all live there ?

I don’t know at this point if that’s possible. I’m so overwhelmed by all this since we thought  it would all go smoothly since we’re early enough etc. 

 

[Boiler 45,733]

Children grow up

 

And leave

 

Happens the world over.

[hashtagme 29]

6 minutes ago, Boiler said:

Children grow up

 

And leave

 

Happens the world over.

Yes that’s true but he also really want to go with us.