tourist visa for 8 year old step son of USC in emergency

[Tilde333 31]

My stepson is 8 years old, he currently lives with his mother in Costa Rica, but it looks like that is no longer possible.  My husband and I live in the US, he a greencard holder and I am a USC.  

I want to know the fastest way to get my stepson here, but I think a tourist visa will be denied because there are no ties for an 8 year old whose mother is unfit and father lives in the US.  An I-130 would take too long as my husband will lose his job if he goes down to wait with the little boy.... Any way of showing that we will file the I-130 and go back to CR for the interview, but my stepson could visit the US now?  He does not have a tourist visa yet..... 

 

A friend has the same kind of relationship and her step kids were denied tourist visas even though their mom went to the interview and said she did not give them permission to immigrate, just visit.  

 

Trying to figure out the best way to get him here so he is no longer in limbo in terrible conditions. 

[Boiler 45,470]

First you need to determine what you want to do, you mention visiting and immigrating, which one?

 

How long do you want him to visit for, presumably he will soon be going back to school?

 

You could certainly seek an expedite if you go the Immigrant route.

[Nitas_man 3,100]

It would stun me if one of our embassies granted a tourist visa to an 8-yr-old to visit a non-relative in the US

[apple21 953]

IR2/CR2.  Ask for expedite. 

[Daphne . 1,852]

Since the goal is to have him live with you in the US permanently (if I understood correctly) the tourist visa would not have been the proper visa anyway so that will not be an option..

 

So the I-130 would be the way, request an expedite. Could your husband explain the situation and work out something at work? If he is not safe where he is now, could the boy stay with another relative maybe while his case is processing? 

And even though you consider mom to be an unfit mother, she will have to give her consent for the boy to move..

 

Wishing you all the best! 🤞🏻

Edited July 28, 2019 by Daphne K

[JFH 12,190]

Is the mother likely to give permission for him to be permanently removed from the country? 

[Pitaya 2,577]

3 minutes ago, JFH said:

Is the mother likely to give permission for him to be permanently removed from the country? 

This is a very good point. One that needs to be addressed first.

 

From the title of this thread, it sounds like the OP is considering trying to obtain  a tourist visa for her 8 yo stepson to immigrate to the US. You shouldn't even think of doing that, that is visa fraud, and the kid could be banned from coming to US. A tourist visa is for visiting, not immigrating.

[aaron2020 11,651]

Sorry about your situation.

The fastest legal way to bring him to the US is for you, the USC stepparent, to file an I-130.  It's going to take one year.  (This was the answer you were given back in April when you asked.)  

A tourist visa is a non-immigrant visa.  He can't get that to come and live with you.  Period.  Not even if you intend for him to go back for consular processing.  He can't live in the US on a tourist visa.  For this reason, he will never be granted a tourist visa since there is zero intention for him to be a tourist.  You want the tourist visa so he can come live with you and his father, and that is not permitted. 

 

The sooner you file the I-130, the sooner he can come to live here.  

 

Edited July 29, 2019 by aaron2020

[Pitaya 2,577]

On 7/28/2019 at 9:06 AM, Tilde333 said:

My stepson is 8 years old, he currently lives with his mother in Costa Rica, but it looks like that is no longer possible.  My husband and I live in the US, he a greencard holder and I am a USC.  

I want to know the fastest way to get my stepson here, but I think a tourist visa will be denied because there are no ties for an 8 year old whose mother is unfit and father lives in the US.  An I-130 would take too long as my husband will lose his job if he goes down to wait with the little boy.... Any way of showing that we will file the I-130 and go back to CR for the interview, but my stepson could visit the US now?  He does not have a tourist visa yet..... 

 

A friend has the same kind of relationship and her step kids were denied tourist visas even though their mom went to the interview and said she did not give them permission to immigrate, just visit.  

 

Trying to figure out the best way to get him here so he is no longer in limbo in terrible conditions. 

As noted by aaron 2020 in the response above, you have already posted this line of questioning before and got appropriate responses similar to the ones you received in April 2019, https://www.visajourney.com/forums/topic/704857-stepchild-of-usc-for-immigrant-visa-age-8-custody-arrangement/?tab=comments#comment-9678638

 

What is your purpose in bringing up the same topic again? To continue bringing up the same question again may be considered as a violation of this site's Terms of Service anti-SPAMMING rule, and may result in sanctions by the moderation staff. 

[arken 4,197]

With so many good responses on filing i130, 3 months (April -July) of doing nothing suggests it’s not an emergency contrary to the title.

[Tilde333 31]

44 minutes ago, Pitaya (火龙果) said:

As noted by aaron 2020 in the response above, you have already posted this line of questioning before and got appropriate responses similar to the ones you received in April 2019, https://www.visajourney.com/forums/topic/704857-stepchild-of-usc-for-immigrant-visa-age-8-custody-arrangement/?tab=comments#comment-9678638

 

What is your purpose in bringing up the same topic again? To continue bringing up the same question again may be considered as a violation of this site's Terms of Service anti-SPAMMING rule, and may result in sanctions by the moderation staff. 

Goodness..... I asked two completely different questions in two different forums.  One was about having a formal custody agreement for the IR2 visa.  Which the kind people of visajourney answered by saying that no a letter would suffice.  Now the circumstances have changed from the time of that question and after searching the forums for a similar question I decided to ask if it would be a good idea to bring him on a tourist visa for a little while after filing the I-130.  I was also wondering if we could ask for direct consular filing considering it is a child whose legal guardian is a resident of the US. 

 

They are two distinct questions.  I am the same person asking the question.  About the same child, but I see people post all the time asking a variety of questions regarding their situation.  I did not know we were limited to one question per issue.  

 

@aaron2020 @arkenWhen I first asked about this months ago, we did not have custody and were just asking what the reqs. for immigration would be.  Now circumstances have really changed and I am trying to figure out how to navigate this change.  In April we could not get a letter from my step son's mother or fight for custody.  Clearly it is an emergency now because my husband is leaving tomorrow so that the boy will not become a ward of the state.

 

Sometimes it is so hard to ask a question on visajourney without people jumping on the person asking.  This site I believe is supposed to support people in this process so that knowledge and experiences can be shared.  

[Boiler 45,470]

Well the issue it seems is immigration, was not clear in your original post hence the confusion.

 

DCF is out, you live in the US.

 

Sounds like you have not filed so get that going and seek an expedite.

[Pitaya 2,577]

17 minutes ago, Tilde333 said:

Goodness..... I asked two completely different questions in two different forums.  One was about having a formal custody agreement for the IR2 visa.  Which the kind people of visajourney answered by saying that no a letter would suffice.  Now the circumstances have changed from the time of that question and after searching the forums for a similar question I decided to ask if it would be a good idea to bring him on a tourist visa for a little while after filing the I-130.  I was also wondering if we could ask for direct consular filing considering it is a child whose legal guardian is a resident of the US. 

 

They are two distinct questions.  I am the same person asking the question.  About the same child, but I see people post all the time asking a variety of questions regarding their situation.  I did not know we were limited to one question per issue.  

 

@aaron2020 @arkenWhen I first asked about this months ago, we did not have custody and were just asking what the reqs. for immigration would be.  Now circumstances have really changed and I am trying to figure out how to navigate this change.  In April we could not get a letter from my step son's mother or fight for custody.  Clearly it is an emergency now because my husband is leaving tomorrow so that the boy will not become a ward of the state.

 

Sometimes it is so hard to ask a question on visajourney without people jumping on the person asking.  This site I believe is supposed to support people in this process so that knowledge and experiences can be shared.  

You may consider these questions as distinct. However, there are several other members that view your recent query as the latest in a similar-themed continuation of an already posted and answered question.  

 

aaron2020's latest response:

Quote

 (This was the answer you were given back in April when you asked.)  

 

BTW, the folks that responded to your initial question gave you appropriate reasonable responses. Those responses are still appropriate today 3 moths later. Get on with applying to get the boy and try to expedite it. 

Edited July 29, 2019 by Pitaya (火龙果)

[Penguin_ie 5,993]

This isn't going to be quick, though you can ask for an expedite, especially if the mother formally looses custody in court/ is incarcerated etc.  Even if you get a tourist visa for the son, that lasts 6 months and the visa won;t be done by then.
Is there a relative back home that can take care of the child for a few months?  If not, perhaps paying for a good private school?

[Boiler 45,470]

2 minutes ago, Penguin_ie said:

This isn't going to be quick, though you can ask for an expedite, especially if the mother formally looses custody in court/ is incarcerated etc.  Even if you get a tourist visa for the son, that lasts 6 months and the visa won;t be done by then.
Is there a relative back home that can take care of the child for a few months?  If not, perhaps paying for a good private school?

Agree boarding would be a good choice.