Help! What visa does my husband need to come to the USA?

Question

I know this question has been answered in various ways, but I desperately need some direction.

My husband, baby, step-daughter and I live in Mexico. We want to move to the US this July. I'm wanting to file the I-130 form for him so we can get his K3 visa and his daughter's K4. Will we have enough time? Do I need to file for both of them?

Would it be better to enter into the country as tourist and then send in the I-130 form? Are there any other visa options? I'm really concerned that we won't be able to get his visa in time. It's so frustrating to have to go through so much paperwork. Any knowledge you have will be appreciated.

Answer 1

You do not need to file a petition for a child for the K-4. The K-4 is a derivative of the K-3. An I-130 will though need to be filed in the US in order for the child to adjust status. So you can file an I-130 for the child when you file your husbands so you have a head start on this.

I wouldn't count on July. You are looking at approx 4 months just to have the petition approved and forwarded to the Embassy in Juarez. Sometimes it can be quicker, sometimes longer.

You can find experiences, guides, resource links etc at http://www.familybasedimmigration.com/forum/index.php

Answer 2

aussie's right, and you should file the I-130 promptly because the filing fees will be going up April 1, 2007. as aussie stated send I-130 for both, you will need the fee receipt of your husband's I-130 to file the I-129F. if you file all three of these forms before April you will save a few hundred dollars. If your husband and child try to enter as tourist and if the admitting official determines that they intend to stay permanently they could be refused entry and you would have to return and then file the mentioned forms at the higher fee rate.

Answer 3

You qualify for a green card if you have a close family member who is a U.S. citizen or green card holder. You may qualify for a green card through relatives if you fall into one of the following categories:

1.) Immediate relative of a U.S.,
2.) Citizen preference relative of a U.S. citizen or green card holder

If you get a green card as a preference relative and you are married or have unmarried children below the age of 21, your spouse and children can automatically get green cards as accompanying relatives simply by proving their family relationship to you. If, however, you qualify as an immediate relative, they cannot. This difference may create some real problems in cases involving parents with adult children or stepparents and stepchildren who wish to immigrate as a family.

1.) Waiting periods of two years for natives of all countries except the Philippines and Mexico. Filipinos can expect quota waiting periods of at least 11 years. Mexicans can expect to wait about four to five years.
2.) Waiting periods of four years can be expected for natives of all countries for family-based 2A (spouses and children of permanent residents) and six years for family-based 2B (unmarried sons and daughters over 21 years old).
3.) Waiting periods of at least three years can be expected for natives of all countries except Mexico, where the wait is about nine years and the Philippines, where the waiting periods are at least 11 years.
4.) Natives of all countries may expect waiting periods of at least ten years. Filipinos will have to wait at least 19 years.

Petitions are normally approved within two months. Green card applications take several months to a year after the quota becomes current.
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Check out the following links:

Answer 4

check USCIS.GOV or call your local border with questions.

note: it's not a wise ideal to enter as tourist and then send in the I-130 form.

Answer 5

I'm not sure what visa to use, but I thank you for entering legally.

Answer 6

if he is comng to visit only a tourist visa is fine...