How to apply for GC for son-in-law in China? Help.

[smalltoe]

My wife (then fiancee) came in May 07 with B2. We got married this Oct. She has a son of 8 in China. I will apply for GC for her after I become US citizen this month. Can I apply for GC for my son-in-law at the same time? He is now living and studying in Beijing China.

[Corbin]

My wife (then fiancee) came in May 07 with B2. We got married this Oct. She has a son of 8 in China. I will apply for GC for her after I become US citizen this month. Can I apply for GC for my son-in-law at the same time? He is now living and studying in Beijing China.

I don't think so, but others will come along that know more.

[dnoblett]

Your case is a bit complex, were you engaged to your fiancee when she entered on the B-2 visa? If so and USCIS thinks this you may be denied adjustment of status due to misuse of a visitor's visa.

 

From what I read a step parent can file an I-130 to get a son/daughter an immigrant visa.

[smalltoe]

No, we were not engaged at that time. She had a multiple entry visa expiring this June. Although we were about to marry before she came, we will definitely not tell the immigration officer so.

What I'm concerning is not her AOS, but how to apply for my son-in-law. Is it possible for him to get a whatever visa visiting us when his mom is in AOS? Is there anyone here having a similar situation that I can get a clue?

[Randy W]

Yes - he is considered your 'son' for immigration purposes. You may file the I-130 and when he immigrates to the US, he will receive a green card shortly after entry.

[LeeFisher3]

How Do I Bring My Child, Son or Daughter to Live in the United States?

 

You will need to file the I-130 for you "child", one thing that you need to know is that mom will probably be the only adult who will be able to attend the interview with him.

 

It might be best for her to have her Green Card prior to the interview as she entered on a B-2 visa and GZ will definitely know of this and the evidence requirements could be more extensive.

 

Either way make sure you file for EAD(I-765) and AP(I-131) when you apply for AOS and if necessary you can delay your sons interview to allow things to fall into place.

[smalltoe]

How Do I Bring My Child, Son or Daughter to Live in the United States?

 

You will need to file the I-130 for you "child", one thing that you need to know is that mom will probably be the only adult who will be able to attend the interview with him.

 

It might be best for her to have her Green Card prior to the interview as she entered on a B-2 visa and GZ will definitely know of this and the evidence requirements could be more extensive.

 

Either way make sure you file for EAD(I-765) and AP(I-131) when you apply for AOS and if necessary you can delay your sons interview to allow things to fall into place.

Appreciate!!

[iyan46]

Maybe i'm confused here but ..... you want to get a visa for your stepson who's 8 correct? What i don't understand is the mention of son in-law? is it you are confusing son inlaw and stepson?

[smalltoe]

Maybe i'm confused here but ..... you want to get a visa for your stepson who's 8 correct? What i don't understand is the mention of son in-law? is it you are confusing son inlaw and stepson?

My mistake

I mean my stepson of 8 who is now in China. My wife and I want to bring him to US asap. Does he need a passport before I file I130 for him? Does my wife have to accompany him to Guangzhou for interview?

[LeeFisher3]

Maybe i'm confused here but ..... you want to get a visa for your stepson who's 8 correct? What i don't understand is the mention of son in-law? is it you are confusing son inlaw and stepson?

My mistake

I mean my stepson of 8 who is now in China. My wife and I want to bring him to US asap. Does he need a passport before I file I130 for him? Does my wife have to accompany him to Guangzhou for interview?

He will need a passport, but not before going to GZ for the interview, most times the custodial parent is the only one who can do this. But there is an exception, you would need to have a letter of instruction authenticated by the Chinese consulate or embassy that gives specific instructions allowing a family member to help him get his passport. This method does take a bit of time, but much less than the waiting time for an I-130.

 

Your wife would need to accompany him to the interview as he is too young to interview alone. The consulate is not very flexible on this one and will normally deny the visa if a parent does not attend. They want the custodial parent.