7 year old child of LPR

[P&G2019 67]

Hi there -

 

This website helped me tremendously with my now husband’s k1 visa in 2019 and thankfully everything went well. 
My husband is now a resident and we had originally placed his now Year old son on the k1 application however we didn’t bring his son as the son lives with the mother in Colombia. We now have a baby and are settled and would like for his son to come visit us during school vacation. As of now there’s no intention to bring him permanently but would like to submit the visitors visa. 
 

Do I, US. Citizen apply for him or does my husband being his legal father and a LPR apply for him? This process seems more confusing than the K1 and I’m not sure where to begin. I don’t even know the timeframe. It’s my understanding that he wouldn’t need to interview since he’s a minor. 
 

should the child  take out his passport before applying for him? Any link that may have good information? I’ve read online but when I search bringing a child of a LPR it directs me to the green card information and we don’t intend for him to live with us now but to visit during school vacation.
 

All advice is greatly appreciated. 

 

thank you! 

[Boiler 45,907]

Best to let the Mother apply, she is the one with custody etc.

[Crazy Cat 42,033]

24 minutes ago, P&G2019 said:

Hi there -

 

This website helped me tremendously with my now husband’s k1 visa in 2019 and thankfully everything went well. 
My husband is now a resident and we had originally placed his now Year old son on the k1 application however we didn’t bring his son as the son lives with the mother in Colombia. We now have a baby and are settled and would like for his son to come visit us during school vacation. As of now there’s no intention to bring him permanently but would like to submit the visitors visa. 
 

Do I, US. Citizen apply for him or does my husband being his legal father and a LPR apply for him? This process seems more confusing than the K1 and I’m not sure where to begin. I don’t even know the timeframe. It’s my understanding that he wouldn’t need to interview since he’s a minor. 
 

should the child  take out his passport before applying for him? Any link that may have good information? I’ve read online but when I search bringing a child of a LPR it directs me to the green card information and we don’t intend for him to live with us now but to visit during school vacation.
 

All advice is greatly appreciated. 

 

thank you! 

The Mother should apply for the B2 for the child from Colombia.

[P&G2019 67]

1 minute ago, Crazy Cat said:

The Mother should apply for the B2 for the child from Colombia.

I’m confused? Why the mother? She has no intention of coming here. My husband and her just cop aren’t their son. We didn’t bring him here under the K2 as the child lives and goes to school in Colombia but the father shared custody over the child. He just wants to bring him for vacation but the mother has zero intention of coming here. Can’t the father apply for him and she allow permission? She’s allowing him to visit his dad. 

[Crazy Cat 42,033]

4 minutes ago, P&G2019 said:

I’m confused? Why the mother? She has no intention of coming here. My husband and her just cop aren’t their son. We didn’t bring him here under the K2 as the child lives and goes to school in Colombia but the father shared custody over the child. He just wants to bring him for vacation but the mother has zero intention of coming here. Can’t the father apply for him and she allow permission? She’s allowing him to visit his dad. 

I said FOR the child.  The child will need a B2 tourist visa.  The Mother MUST give permission for the child to travel, thus she is best to apply for the child.   The Mother has physical custody.

Edited April 9, 2022 by Crazy Cat

[P&G2019 67]

1 minute ago, Crazy Cat said:

I said FOR the child.  The child will need a B2 tourist visa.  

I read that for a minor to qualify for an interview waiver that one parent must have a valid B1/B2 visa and she doesn’t. Can she still apply on his behalf if she doesn’t have the visa or applied? Sorry for the questions and thanks for your help. 

[Boiler 45,907]

Just now, P&G2019 said:

I read that for a minor to qualify for an interview waiver that one parent must have a valid B1/B2 visa and she doesn’t. Can she still apply on his behalf if she doesn’t have the visa or applied? Sorry for the questions and thanks for your help. 

She is the obvious adult to apply on his behalf.

[Crazy Cat 42,033]

3 minutes ago, P&G2019 said:

I read that for a minor to qualify for an interview waiver that one parent must have a valid B1/B2 visa and she doesn’t. Can she still apply on his behalf if she doesn’t have the visa or applied? Sorry for the questions and thanks for your help. 

I doubt there would be an interview waiver.  Yes, she can (and should) apply on the child's behalf.  

Edited April 9, 2022 by Crazy Cat

[Timona 4,208]

I think the issue here is the language...particularly  the words on his behalf 

[Boiler 45,907]

Who is going to complete the application and go to the Consulate?

[P&G2019 67]

Perhaps I’m not saying it correctly … We had his son as a K2 on my husband’s application but he had to travel within the year of my husband arriving in order to qualify for his green card however my husband arrived February 2020, right before pandemic and we decided it was best to wait until we both were ready to have him visit. 
The mother of the child has never applied for any visa and I don’t believe has any intentions. Both my husband and her agreed he’d come over to visit so I made the assumption my husband could apply for his son and she would take his passport out while the application was processing. 

 

perhaps I’m not being clear lol. Sorry. 

 

[P&G2019 67]

4 minutes ago, Boiler said:

Who is going to complete the application and go to the Consulate?

His father. But it’s my understanding that a child under 14 doesn’t need to go to the consulate 

[milimelo 4,539]

K2 is water under the bridge. The only visa form visiting is tourist B2 visa. His mother should apply for it on his behalf as she’ll be the one to take him to the embassy. 

[Crazy Cat 42,033]

11 minutes ago, P&G2019 said:

Perhaps I’m not saying it correctly … We had his son as a K2 on my husband’s application but he had to travel within the year of my husband arriving in order to qualify for his green card however my husband arrived February 2020, right before pandemic and we decided it was best to wait until we both were ready to have him visit. 
The mother of the child has never applied for any visa and I don’t believe has any intentions. Both my husband and her agreed he’d come over to visit so I made the assumption my husband could apply for his son and she would take his passport out while the application was processing. 

 

perhaps I’m not being clear lol. Sorry. 

 

You are being clear.  The child needs a B2.  Someone will have to go to the consulate for the interview.  The Mother is the better choice since she will have to give permission for the child to leave the country. 

[P&G2019 67]

2 minutes ago, Crazy Cat said:

You are being clear.  The child needs a B2.  Someone will have to go to the consulate for the interview.  The Mother is the better choice since she will have to give permission for the child to leave the country. 

Understood and thank you! Is there any possibility for the father to take him to the interview and perhaps a form where she would authorize it?