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Results 1 to 9 of 9

Thread: ??? Stepson in Brazil, Wife has I797 back, waiting I485 Interview, etc.

  1. #1
    I need to know the best way to get my new stepson to the US. Will it take forever filing an I130? I'm not sure what else is needed for that type of visa. Or is it quicker to get him a tourist visa and then adjust status when he gets here? Help!!!

  2. #2
    I need to know the best way to get my new stepson to the US. Will it take forever filing an I130? I'm not sure what else is needed for that type of visa. Or is it quicker to get him a tourist visa and then adjust status when he gets here? Help!!!

  3. #3
    Yes, it is quicker to get into the US under a tourist visa and adjust status. It is also illegal, but you will likely get away with it if the child has a tourist visa. If the child does not have a tourist visa, it is unlikely that you will get one.

    The child should have an immigrant visa. Either file an I-130 with USCIS and wait a few years, or go down to Brazil and file directly at the Consulate.

    How did the child's parent immigrate and why wasn't the child included?

  4. #4
    Senior Member
    Join Date
    Oct 2003
    Location
    Raleigh, NC
    Posts
    289
    It may not take forever- depending on where you live. Of course there are the promises of a *new* rapid efficient USCIS, made possible by increased filing fees. It may, on the other hand, take forever. Buty it is the correct way to do it. If Mom was still in Brazil they could both enter a little quicker with K3/K4, but if she wants (or needs) the quicker adjustment process, then the boy will have to wait. Well, unless you wanted to risk a lifetime bar for committing fraud by entering under a non-immigrant visa.

  5. #5
    Not quite what I was asking. I nedd to know if there is anything else I need to file besides an I-130. Since he is my stepson by marriage, and I am a USC, he gets the same treatment as my new wife. He is considered a child of mine under the rules. What else is needed, and is the anyone with experience in this type of matter. To add more info: I have his name on my wifes forms, but not as immigrating when I filed them. We weren't sure when we were going to bring him here. I figured I would file separetly for him later.

  6. #6
    For a relative outside of the US, the only form you file is the I-130 petition. You do include other documents with it. It is all in the instructions.
    For the step-relationship, you have to prove that:
    1 you are a US citizen
    2 you are married
    3 the child is your spouse's child
    4 the child was under age 18 at the time you married your spouse
    You can file the I-130 at the USCIS Service Center. Take a look at the processing times. There is no way to speed the USCIS process. It will be quite some time before you get to the immigrant visa procedure.
    Or
    You can file the I-130 in Brazil. Fortunately, the US Embassy there has allowed DCF. You have to go there; you can't just do it by mail, but it is a lot faster.

  7. #7
    What is DCF?

    And even if the local office will is processing the I-485 for my wife with a date in 2003, the nation service center has a date of nov 2001 for an I130 for spouse or child. Does that mean I'm waiting until 2007 for an interview instead of next March?

  8. #8
    Mikey, I feel bad for you ..Once you get your stepson in the USA, and I hope you do, let me know. I will teach him Capoeira. That is my passion and I know Brazil is the heart of Capoeira origination.

    Goodluck.

  9. #9
    Senior Member
    Join Date
    Oct 2003
    Location
    Raleigh, NC
    Posts
    289
    Yes, filing the I-130 for a person out of the country often takes much longer then AOS. Also remember that after the I-130 is approved, you still need to wait for the consular process which can take some months.

    It is correct that you file the I-130 now. The remaining forms will be filed after the I-130 is approved and sent to the Visa Center.

    DCF is direct consular filing where a citizen files DIRECTLY to a consulate abroad. Usually this is only possible if the citizen has been residing abroad. If it is true that DCF is available to non-residents, than it would be worth it for you to go down there to file if you want to speed up the process.

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