LPR filing for a child, but working for a US company overseas...HELP

K

kyrasmomma

New Member
Greetings

I am a US citizen
My husband is a Green Card Holder
We would like to petition to bring his 17 year old son to the US to begin studies in University
My husband is stationed overseas working with a US company
We also have a little girl who is a US citizen (so the 17 year old has a US citizen sibling)

Questions:
Can I sponsor the boy, since we were married when the child was 5 years old? I am not a legal guardian or adoptive parent.
OR
Should my husband sponsor the boy as a Green Card holder even if we are in India for 2-3 years for his job with a US company? Does the sponsor have to be physically in the US at all times?

I know that since my husband is hired and working for a US company overseas, he has not been considered to have abandoned his status, but I read somewhere that the sponsor has to be in the US.

On the other hand, my husbands sponsor was also overseas with a US company when we filed for his Green Card (we were in Greece when we filed) and we had no problem, no one asked the physical location of the sponsor.

The boy is in Greece we are in India, where do I file??

thanks for your input
 
Last edited by a moderator:
kyrasmomma said:
Greetings

I am a US citizen
My husband is a Green Card Holder
We would like to petition to bring his 17 year old son to the US to begin studies in University
My husband is stationed overseas working with a US company
We also have a little girl who is a US citizen (so the 17 year old has a US citizen sibling)

Questions:
Can I sponsor the boy, since we were married when the child was 5 years old? I am not a legal guardian or adoptive parent.
OR
Should my husband sponsor the boy as a Green Card holder even if we are in India for 2-3 years for his job with a US company? Does the sponsor have to be physically in the US at all times?

I know that since my husband is hired and working for a US company overseas, he has not been considered to have abandoned his status, but I read somewhere that the sponsor has to be in the US.

On the other hand, my husbands sponsor was also overseas with a US company when we filed for his Green Card (we were in Greece when we filed) and we had no problem, no one asked the physical location of the sponsor.

The boy is in Greece we are in India, where do I file??

thanks for your input
Click to expand...

An I-130 by the USC stepparent is fastest possibility.

Read the I-864 instructions very carefully and pay attention to "domicile" requirements and exceptions. See an attorney if needed.
 
sposoring the child

BigJoe5 said:
An I-130 by the USC stepparent is fastest possibility.

Read the I-864 instructions very carefully and pay attention to "domicile" requirements and exceptions. See an attorney if needed.
Click to expand...

I do not work and my husband(LPR and his father) is the sole source of income. Can I still be the sponsor or the father will be joint along with me?

Can you take on such cases?
thanks
 
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