Kid over 18 of foreign military spouse -VISA?

[geowrian 22,337]

4 hours ago, hashtagme said:

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

K-3 is obsolete and almost never issued anymore. K-4 requires a K-3 beneficiary, and therefore is also not a practical option.

[kzielu 1,149]

4 hours 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?

In addition to that - him moving on tourist visa doesn't change anything at all - he will not be eligible for AOS since there will be no basis for it, he will have to stay in legal status until visa number for him becomes available - if he doesn't - no GC. And read Boiler's comment about the length of wait - your oldest son unfortunately likely will age out, so you may want to speed up your move.

 

You can file I-130 from wherever you want.

[geowrian 22,337]

With CSPA, it's possible the child won't actually age out. It's also possible they will.

[hashtagme 29]

5 minutes ago, kzielu said:

 

 

You can file I-130 from wherever you want.

I meant for my son, when I’m granted the GC and I want to sponsor him, can I file for him while waiting with him in Germany or do I have to be in the US for that? 

 

Thank you  all for the responses. 

[hashtagme 29]

8 minutes ago, kzielu said:

And read Boiler's comment about the length of wait - your oldest son unfortunately likely will age out, so you may want to speed up your move.

Unfortunately we can’t speed anything up there, my husband is stationed in Europe until the end of 2019 and there’s no way to cut that short. 

[Boiler 45,467]

You get an Immigrant Visa in Germany, GC is when you move to the US.

[Ksenia_O 696]

Since you guys are already married, it's too late now, but, probably,  K1 route should have been done - in this scenario all your kids could have been brought to the US on K-2 derivative visa. A child is eligible for K2 until he/she turns 21. 

[Boiler 45,467]

If yoou are not moving until 2020 then he will be 20 something.

[hashtagme 29]

1 minute ago, Boiler said:

If yoou are not moving until 2020 then he will be 20 something.

Yes that’s why we were trying to move there by end of 2019 because everyone told us kids can’t be older than 21. That would still make him young enough- but again, I didn’t know that he isn’t my husbands legal stepchild because he was 18 already at our marriage. 

5 minutes ago, Ksenia_O said:

Since you guys are already married, it's too late now, but, probably,  K1 route should have been done - in this scenario all your kids could have been brought to the US on K-2 derivative visa. A child is eligible for K2 until he/she turns 21. 

We didn’t know any of this.. after all we got married because we love each other and didn’t check visa options before planning a wedding.. we just didn’t know. 

[hashtagme 29]

How long does it take to get my GC in the States? 

 

Would this work?:

-husband files for I-130 for all but the eldest 

-we all move there after approval and the eldest comes for 90 days on tourist visa

-I’ll get my GC in the states and file for him while being over there 

-he goes back after 90 days with me and we wait here together til his stuff is approved

(I know I can’t be out of country more than 1 year) 

Can he leave the country even if I’m filing his I-130 in the US with him present?

 

As desperate as this sounds, I am really just trying to find the best option for us at this point.

[Boiler 45,467]

Exactly how old is he?

[hashtagme 29]

Just now, Boiler said:

Exactly how old is he?

Born August 15, 1999 

[Unlockable 7,314]

59 minutes ago, hashtagme said:

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

I think the silver lining to this is that he is still capable of immigrating to the US. It will just take more time.

27 minutes ago, hashtagme said:

I meant for my son, when I’m granted the GC and I want to sponsor him, can I file for him while waiting with him in Germany or do I have to be in the US for that? 

You won't get the GC until you are on US soil. Hence the reason I stated in my previous post that you can come to the US for a while to activate/ receive GC then apply for a reentry permit to return to your country to wait it out with your son. However, there is a lot to sacrifice doing it that way.

7 minutes ago, hashtagme said:

How long does it take to get my GC in the States? 

 

Would this work?:

-husband files for I-130 for all but the eldest 

-we all move there after approval and the eldest comes for 90 days on tourist visa

-I’ll get my GC in the states and file for him while being over there 

-he goes back after 90 days with me and we wait here together til his stuff is approved

(I know I can’t be out of country more than 1 year) 

Can he leave the country even if I’m filing his I-130 in the US with him present?

 

As desperate as this sounds, I am really just trying to find the best option for us at this point.

A green card can take 6 months to a year to receive, HOWEVER, since you are on a spousal visa you will be a permanent resident upon entry. Meaning you can apply for him when you arrive. 

 

The risks of your plan are:

• Him being denied entry due to immigrant intent. (This is the most likely case of happening)
• Him losing his visitor visa/esta
• The POE officer only giving him limited time in the US. Remember , it is not you who decides how long he stays on a visit. An officer can only give him 2 weeks to be here.
• It will STILL take two years before a visa becomes available for him. He will not be able to stay in the US for 2 years. Even flying back and forth every 90 days will cause him to get denied entry or visit visa/esta.
• The only way he is able to stay here and Adjust his status (if he happens to be here on a visit) is if you were a US citizen.

 

Edited April 11, 2018 by NuestraUnion

[Boiler 45,467]

18 and 7 months

 

DCF Germany is ultra quick, 4 or 5 months.

 

So he would be 20

 

Then file asap after arrival and it would be c;lose very close.

 

2 issues

 

Husband has to enter with you or before you.

 

Husband has to show US Domicile and sponsor you

VWP is all or nothing.

[hashtagme 29]

1 minute ago, NuestraUnion said:

I think the silver lining to this is that he is still capable of immigrating to the US. It will just take more time.

You won't get the GC until you are on US soil. Hence the reason I stated in my previous post that you can come to the US for a while to activate/ receive GC then apply for a reentry permit to return to your country to wait it out with your son. However, there is a lot to sacrifice doing it that way.

A green card can take 6 months to a year to receive, HOWEVER, since you are on a spousal visa you will be a permanent resident upon entry. Meaning you can apply for him when you arrive. 

 

The risks of your plan are:

• Him being denied entry due to immigrant intent. (This is the most likely case of happening)
• Him losing his visitor visa/esta
• The POE officer only giving him limited time in the US. Remember , it is not you who decides how long he stays on a visit. An officer can only give him 2 weeks to be here.
• It will STILL take two years before a visa becomes available for him. He will not be able to stay in the US for 2 years. Even flying back and forth every 90 days will cause him to get denied entry or visit visa/esta.
• The only way he is able to stay here and Adjust his status (if he happens to be here on a visit) is if you were a US citizen.

 

Ok. At least I can file directly after entering the US for him. Thank you. It’s not the best solution but to be considered at this point.

 

Does being on military orders expedite the process for him at all?