Minor Child of Permanant Resident married to US Citizen Question (merged)

[Costa Rica Visa 0]

Greetings All,

 

I am a US Citizen, my husband is a US Permanant Resident.  We are wanting to being the process for permenant residency for his son, age 10, whos mother is in full cooperation.  He is from Costa Rica. I have a few questions:

 

1) We have to do the I 130 visa for this child, correct?

2) Am I able to sponsor, or does my husband have to sponsor since he is the child's father.  And does this mean that he is a "secondary" relative and thus not as likely to receive it. 

3) Are we able to use my parents as the fiscal sponsor as we did with my husbands application?

4) The child is in a somewhat urgent sitation that we need to remove him from.  Would it be possible for us to get him a visitors visa, bring him up with us, then apply after that while he is in the US for a residency visa but NOT as a change of status, but as the beginning of a normal application, as halfway through the process we would come back down here with him and stay through the remainder of his process.  

5) Apparently there is a new law with Trump administration that for permantant residency visa we will now need to prove enough funds that the immigrant can pay for their own healthcare or wont become a charge of the state.  Does anyone know how this will be enforced or what that will look like in acuality? We do not have alot of money, however we can show that my husband does not receive any government benefits.

 

All help and advice welcome and appreciated!

[Costa Rica Visa 0]

Greetings All,

 

I am a US Citizen, my husband is a US Permanant Resident.  We are wanting to being the process for permenant residency for his son, age 10, whos mother is in full cooperation.  He is from Costa Rica. I have a few questions:

 

1) We have to do the I 130 visa for this child, correct?

2) Am I able to sponsor, or does my husband have to sponsor since he is the child's father.  And does this mean that he is a "secondary" relative and thus not as likely to receive it. 

3) Are we able to use my parents as the fiscal sponsor as we did with my husbands application?

4) The child is in a somewhat urgent sitation that we need to remove him from.  Would it be possible for us to get him a visitors visa, bring him up with us, then apply after that while he is in the US for a residency visa but NOT as a change of status, but as the beginning of a normal application, as halfway through the process we would come back down here with him and stay through the remainder of his process.  

5) Apparently there is a new law with Trump administration that for permantant residency visa we will now need to prove enough funds that the immigrant can pay for their own healthcare or wont become a charge of the state.  Does anyone know how this will be enforced or what that will look like in acuality? We do not have alot of money, however we can show that my husband does not receive any government benefits.

 

All help and advice welcome and appreciated!

[Costa Rica Visa 0]

Greetings All,

 

I am a US Citizen, my husband is a US Permanant Resident.  We are wanting to being the process for permenant residency for his son, age 10, whos mother is in full cooperation.  He is from Costa Rica. I have a few questions:

 

1) We have to do the I 130 visa for this child, correct?

2) Am I able to sponsor, or does my husband have to sponsor since he is the child's father.  And does this mean that he is a "secondary" relative and thus not as likely to receive it. 

3) Are we able to use my parents as the fiscal sponsor as we did with my husbands application?

4) The child is in a somewhat urgent sitation that we need to remove him from.  Would it be possible for us to get him a visitors visa, bring him up with us, then apply after that while he is in the US for a residency visa but NOT as a change of status, but as the beginning of a normal application, as halfway through the process we would come back down here with him and stay through the remainder of his process.  

5) Apparently there is a new law with Trump administration that for permantant residency visa we will now need to prove enough funds that the immigrant can pay for their own healthcare or wont become a charge of the state.  Does anyone know how this will be enforced or what that will look like in acuality? We do not have alot of money, however we can show that my husband does not receive any government benefits.

 

All help and advice welcome and appreciated!

[Just Paul 4,595]

You petition.  It will take 12 -19 months.

[Boiler 46,128]

You can sponsor as a step parent, best bet and can include his income to meet the financial obligations.

 

Nothing to stop you trying for a B2 Visa, how likely it is to be approved well another matter.

 

Make sure you document the child's mothers agreement regarding the move.

[Just Paul 4,595]

 

36 minutes ago, Costa Rica Visa said:

4) The child is in a somewhat urgent sitation that we need to remove him from.  Would it be possible for us to get him a visitors visa, bring him up with us, then apply after that while he is in the US for a residency visa but NOT as a change of status, but as the beginning of a normal application, as halfway through the process we would come back down here with him and stay through the remainder of his process.  

You can request an expedite.  A B2 might be a hard sell to the consulate.  You can't go live with him now?

 

36 minutes ago, Costa Rica Visa said:

5) Apparently there is a new law with Trump administration that for permantant residency visa we will now need to prove enough funds that the immigrant can pay for their own healthcare or wont become a charge of the state.  Does anyone know how this will be enforced or what that will look like in acuality? We do not have alot of money, however we can show that my husband does not receive any government benefits.

Takes effect later this month.   You have insurance right?

 

37 minutes ago, Costa Rica Visa said:

3) Are we able to use my parents as the fiscal sponsor as we did with my husbands application?

Sure, but you guys still don't make enough for a family of 3(+)?  

[Costa Rica Visa 0]

Hi Paul and Mary,

 

I actually do have state insurance as do two of our other daughters that were born in the US, but my husband the US resident does not as we know that he is not allowed to.

 

As far as going to live with him, then we would have to stay in Costa Rica for the entire process and we would then not be fulfilling the obligations of my husbands residency - we are here for the next three months but have to go back up to the US so we can be there for the minimum requirement of his visa. 

[Just Paul 4,595]

26 minutes ago, Costa Rica Visa said:

the minimum requirement of his visa. 

He has a visa and not permanent residency?   

 

If he has permanent residency you should have been able to add him to your insurance.

[Just Paul 4,595]

28 minutes ago, Costa Rica Visa said:

then we would have to stay in Costa Rica for the entire process

No you don't have to stay with his son.  

 

You can certainly try to get a B2 for him but you need a backup plan.

[SorrowL 138]

Healthcare charge proclamation is currently not active, it is disabled pending court review. 
 

You can personally petition the son yourself as an IR, as you fulfill the requirement:

https://www.uscis.gov/family/family-us-citizens/bringing-children-sons-and-daughters-live-united-states-permanent-residents

• A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18

You can apply for an expedited case if there is serious circumstances, you should send in the expedition request with the I-130. 
 

if denied, the stepchild can apply for a tourist visa, however approval of said visa is up to the CO.

Edited February 6, 2020 by SorrowL

[SorrowL 138]

To my above post:

 

by denied, I mean the Expedite request. If it is denied you can try the tourist visa route.

 

also, upon entry of your stepchild on an IR-2, if they enter before they turn 18, they automatically acquire US citizenship, however I’m not 100% sure on that.

[designguy 1,179]

1 hour ago, Costa Rica Visa said:

1) We have to do the I 130 visa for this child, correct?

Correct

2) Am I able to sponsor, or does my husband have to sponsor since he is the child's father.  And does this mean that he is a "secondary" relative and thus not as likely to receive it. 

Either of you can. If you do it there is no numerical limitation. If your husband does he, he will need a current priority date to receive a visa

3) Are we able to use my parents as the fiscal sponsor as we did with my husbands application?

Yes as long as they are in a financial position to do so. You can't "reuse" their sponsorship. Make sure they meet the requirements for the new household size

4) The child is in a somewhat urgent sitation that we need to remove him from.  Would it be possible for us to get him a visitors visa, bring him up with us, then apply after that while he is in the US for a residency visa but NOT as a change of status, but as the beginning of a normal application, as halfway through the process we would come back down here with him and stay through the remainder of his process.  

If he is granted a tourist visa. Its going to be really tough for a 10 year old to get a visa for the US where his father is living. It will be pretty hard to prove he doesnt have immigrant intent, but it will only cost $160 to find out. You will have to be honest when entering at the POE how long he plans to stay for. Right now its going to take 12-18 months for the process so keep that in mind

5) Apparently there is a new law with Trump administration that for permantant residency visa we will now need to prove enough funds that the immigrant can pay for their own healthcare or wont become a charge of the state.  Does anyone know how this will be enforced or what that will look like in acuality? We do not have alot of money, however we can show that my husband does not receive any government benefits.

This is still being sorted out but is applicable for those AOS from the US, not those receiving immigrant visas

 

[Ontarkie 14,499]

~~Duplicate threads merged. Please do not start more than one thread for the same or related topic.~~

[carmel34 3,655]

14 hours ago, Costa Rica Visa said:

I actually do have state insurance as do two of our other daughters that were born in the US, but my husband the US resident does not as we know that he is not allowed to.

Your husband is an LPR so he can get his own health insurance in the US.  He is allowed to.  His son will need it too.  Check out https://www.healthcare.gov/get-coverage/  or maybe your husband (and his son) can get health insurance through a US employer.  Not sure what you mean by "state insurance?"  In some cases and in some states, LPRs can qualify for public health insurance like "state insurance" without being considered a public charge violation.  You need to do more research on this since the public charge rules are changing after Feb. 24 and it is complicated.

 

https://www.uscis.gov/news/news-releases/uscis-announces-public-charge-rule-implementation-following-supreme-court-stay-nationwide-injunctions

 

 

 

Edited February 6, 2020 by carmel34

[Boiler 46,128]

Insurance is regulated at the State level.