What type of visa to choose

[Simona Elena 0]

Hello!

My boyfriend immigrated to US last year as a permanent resident, I also want to immigrate with my 10 years old son and I don't know what type o visa apply for. Can you help me with information,  please ? 

Thank you!

[JeanneAdil 6,514]

On your own there is no was for u to permanently immigrate

If your bf wants u to join him,  he should return and marry u , get all the required documents from u he would need for a spousal visa (F2a)  

He should join this site and ask how to do this and read the guides above 

he would need to file 2 petitions for u and son if the son is his

If not his  the following web page is for step children

 

https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process/immigration-adoption-and-citizenship-for-stepchildren-of-us-citizens-and-lprs

[Chancy 6,241]

*** Moved from Work Visas to What Visa Do I Need ***

 

[jan22 3,056]

5 hours ago, JeanneAdil said:

. . .

he would need to file 2 petitions for u and son if the son is his

If not his  the following web page is for step children

 

https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process/immigration-adoption-and-citizenship-for-stepchildren-of-us-citizens-and-lprs

If they marry and he petitions for them, only one I-130 petition would be required.  The F2a category allows derivative applicants, so he would file for the OP (once married, of course) and the child would be a derivative of her visa (as a child if his biological son, or a step-child if not).

 

The link is not relevent for this case...it is for adopted children, not step-children.

[JeanneAdil 6,514]

9 minutes ago, jan22 said:

If they marry and he petitions for them, only one I-130 petition would be required.  The F2a category allows derivative applicants, so he would file for the OP (once married, of course) and the child would be a derivative of her visa (as a child if his biological son, or a step-child if not).

 

The link is not relevent for this case...it is for adopted children, not step-children.

sorry the title says for stepchildren -of-us-citizens-and -LPRS

[jan22 3,056]

2 minutes ago, JeanneAdil said:

sorry the title says for stepchildren -of-us-citizens-and -LPRS

But it's in the adoption section of the USCS website (as shown at the beginning of the link:  uscis.gov/adoption/immigration-through-adoption...).  There is no need for the OP to think that the only way to immigrate with her son -- by being petitioned by her boyfriend-turned-husband -- is to meet all of the adoption-related criteria.

[JeanneAdil 6,514]

29 minutes ago, jan22 said:

But it's in the adoption section of the USCS website (as shown at the beginning of the link:  uscis.gov/adoption/immigration-through-adoption...).  There is no need for the OP to think that the only way to immigrate with her son -- by being petitioned by her boyfriend-turned-husband -- is to meet all of the adoption-related criteria.

so a USC sponsoring wife and any children has to fill out separate petitions for each of them

Each immediate relative beneficiary must have his or her own I-130 petition. So a U.S. citizen who files Form I-130 for a spouse must also file a separate I-130 petition for any children that intend to immigrate with the parent.

 

but an LPR only does for the spouse

What happens if the LPR becomes a citizen before the visa is granted?

Do they then have to do a separate petition for any children

 

why is this so unfair to USC's?  we pay thru the nose because we're born here / just ain't right

[jan22 3,056]

There are a lot of posts here on VJ about the difference in the requirements and what happens if an LPR naturalizes before the F2 is granted.  (Answer:  They have to file a new I-130 petition(s) for the child(ren), as the spouse will get an IR1 (or CR1), so there is no derivative v u sa available for the child.)  

 

As to why -- the simplest answer is because that's the way Congress wrote the law.  (The same differences occur in non-immigrant visa categories.  For example, H1 and L1 visas allow dervatives for spouses and children, but B1/B2s do not.)  There are a lot of factors that led to the difference in immigrant visas processing.  One of the primary ones -- that works to the benefit of the US citizen -- is that the issuance of an immigrant visa to a child (IR-2) relies only on the relationship between the child and the US citizen parent.  If, for example, the spouse does not qualify for an immigrant visa under one of the ineligibilities Section 212(a)  -- health, crimes, drugs, fraud, overstays, etc -- a visa can still be issued to the child.  If the LPR's spouse does not qualify, the children cannot be issued visas either, since their qualification is derived from the parent's qualifications .

[Chancy 6,241]

7 minutes ago, JeanneAdil said:

What happens if the LPR becomes a citizen before the visa is granted?

Do they then have to do a separate petition for any children

 

Yes.

 

8 minutes ago, JeanneAdil said:

why is this so unfair to USC's?  we pay thru the nose because we're born here / just ain't right

 

Why?  CR2/IR2 category (child of USC) has many advantages over F2A derivatives --

• "Immediate Relative" cases (like CR2/IR2) are typically prioritized for processing over Family-Preference cases (like F2A) in most consulates.
• CR2/IR2 beneficiaries have their CSPA age locked at the time of petition filing, ensuring they won't age out, unlike F2A beneficiaries.
• CR2/IR2 cases are independent of any CR1/IR1 cases.  This means an CR2/IR2 beneficiary may immigrate without need to wait for their immigrant parent to finish visa processing.  F2A derivatives can only immigrate with or after the F2A principal beneficiary.

[TBoneTX 45,329]

Simona Elena, you can trust jan22 completely when it comes to visa types and protocol.  The conflicting information in this thread is incorrect.

[Simona Elena 0]

On 1/12/2022 at 9:39 PM, jan22 said:

If they marry and he petitions for them, only one I-130 petition would be required.  The F2a category allows derivative applicants, so he would file for the OP (once married, of course) and the child would be a derivative of her visa (as a child if his biological son, or a step-child if not).

 

The link is not relevent for this case...it is for adopted children, not step-children.

Thank you for the answers !

I discussed to my boyfriend and we decided to get married. He wants us to get married in USA. Now we have the same problem, what type of visa to apply for , because after we get married I have o return in Roumania to solve with my child documents , in court . After the court decision, we can apply for an immigrant visa ( me and my child ).

Can I go to USA with a tourist visa and after we get married apply to Adjust Status - I 485 form, or what we should do ?

Thank you!

[jan22 3,056]

44 minutes ago, Simona Elena said:

Thank you for the answers !

I discussed to my boyfriend and we decided to get married. He wants us to get married in USA. Now we have the same problem, what type of visa to apply for , because after we get married I have o return in Roumania to solve with my child documents , in court . After the court decision, we can apply for an immigrant visa ( me and my child ).

Can I go to USA with a tourist visa and after we get married apply to Adjust Status - I 485 form, or what we should do ?

Thank you!

To answer your last question first -- no, you cannot ever enter the US with a tourist visa planning to adjust status.  You can use the tourist visa to enter the US and marry, but then must leave and apply for the immigrant visa.  There is no visa that allows an LPR to bring a fiancee to the US to marry and adjust status -- only a US citizen can do that. 

 

In addition, it would be close to a year before you would get any document that would allow you to return to Romania to resolve custody issues for your son.  And somewhere along the way after you marry, you'd need to file a petition for him to get an immigrant visa to return with you to the US.

 

The plan that is likely the fastest is to marry in Romania, submit the I-130 for you (and your son, as a derivative on your petition), and complete the visa process for both of you once the petition is approved.  While that is going on, you can do whatever court process you need to for your child, so hopefully all that will be resolved when you receive this visa.

Edited January 14, 2022 by jan22

[Chancy 6,241]

On 1/14/2022 at 8:10 AM, Simona Elena said:

Can I go to USA with a tourist visa and after we get married apply to Adjust Status - I 485 form, or what we should do ?

 

Traveling to the US on a tourist visa with preconceived intent to adjust status is fraud.

 

Marry and begin the process to pursue F2A visas for you and your child.