Bringing son to the US

[swtblcn23]

My 18 y.o. son who lives outside of the US would like to come here just to visit since he goes to school in our home country. To my understanding, we can file for his I-130 then just file for a re-entry visa that will be good for 2 years. My question is, when that re-entry visa expires, can he file for another one? Is there a limit on how many times you can file the re-entry visa?

Also, would he get approved if he just apply for a non-immigrant visa (tourist)?

 

[newacct]

If he comes just to visit, he should get a tourist visa. Green card is for living in the U.S.

 

[Jackolantern]

My 18 y.o. son who lives outside of the US would like to come here just to visit since he goes to school in our home country. To my understanding, we can file for his I-130 then just file for a re-entry visa that will be good for 2 years.

After filing the I-130 he has to complete the green card process and enter the US before he can get a reentry permit.

What is your immigration status? Are you naturalized US citizen who obtained citizenship after your son's birth? Or a born US citizen? Green card holder? Something else?

Your status affects his options for going to the US.

 

[swtblcn23]

What is your immigration status? Are you naturalized US citizen who obtained citizenship after your son's birth? Or a born US citizen? Green card holder? Something else?

Your status affects his options for going to the US.

I'm a Green card holder. My husband, a USC will file for my son as his stepson. Our marriage occurred before he turned 18. Would it be better for him to get a tourist visa? I'm afraid he will be denied since his step dad is a USC and I'm a resident.

 

[swtblcn23]

Your status affects his options for going to the US.

My USC husband will be the sponsor not me. I am LPR. Our marriage occurred before my son turned 18 y.o. I need help in answering Part 6 of Form I-864. Number 5 "My current individual annual income", should I put my husband's or both our incomes?

 

[Jackolantern]

My USC husband will be the sponsor not me. I am LPR. Our marriage occurred before my son turned 18 y.o.

Since your husband is the petitioner, he alone would fill out the I-864. If his individual income is insufficient you can file an I-864A to add your income.

I need help in answering Part 6 of Form I-864. Number 5 "My current individual annual income", should I put my husband's or both our incomes?

If your son is outside the US waiting for consular processing, the I-864 is to be filed later in the process, after I-130 approval.

For Part 6 question 5 he should write only his own income, excluding yours. But for question 13a-b-c he should write the combined income from your joint tax returns if you filed joint returns, otherwise he'd write his own income as reported on his individual returns.

 

[swtblcn23]

If your son is outside the US waiting for consular processing, the I-864 is to be filed later in the process, after I-130 approval.
/QUOTE]

Thank you for your replies! How long does it take for the I-130 approval? Also, is it better to apply for a tourist visa first for my son since he intends to study in our home country? An option is for him to apply for re-entry visa but I don't know the maximum amount of time you apply for it.

 

[Jackolantern]

Thank you for your replies! How long does it take for the I-130 approval?

About 5 months on average.

Also, is it better to apply for a tourist visa first for my son since he intends to study in our home country?

Yes, it's definitely better to apply for the tourist visa before the I-130 is filed. Although the chances of tourist visa approval would still be low anyway.

An option is for him to apply for re-entry visa but I don't know the maximum amount of time you apply for it.

The reentry permit is granted only AFTER green card approval, so it's not an option for visiting the US while waiting for the green card interview. The purpose of the reentry permit is to allow a green card holder to stay outside the US for up to 2 years while preserving the green card (normally the green card is invalidated after spending 12 consecutive months outside the US). So after his initial arrival in the US as a permanent resident, he could apply for a reentry permit to enable him to return to his country to finish his studies (be aware that he must be inside the US when submitting the reentry permit application, and also a few weeks later to give fingerprints for it).