Obtaining Visa for 18 year old Son?

[Melanie]

My father will travel to China in April to marry his fiancee, and was then planning to file the I-130 packet. However, I have learned that his fiancee's son turns 18 this month. Can he still come over with his mother even though he has turned 18 before his mother's marriage to my father, or is there a separate process that is required for him to obtain his VISA and travel here with his mother? She does not want to leave without him.

[jim_julian]

My father will travel to China in April to marry his fiancee, and was then planning to file the I-130 packet. However, I have learned that his fiancee's son turns 18 this month. Can he still come over with his mother even though he has turned 18 before his mother's marriage to my father, or is there a separate process that is required for him to obtain his VISA and travel here with his mother? She does not want to leave without him.

 

We have several experts here on "aging out" problems who can offer excellent advice in that area when they see your post.

 

At 18 he should be graduating from high school in the next few months. This would be an ideal time for him to emigrate. After he passes all of his comprehensive exams he can technically graduate from high school without remaining for the last couple of months which are solely focused on prep for the Chinese national college examinations.

 

Our Chinese daughter came over under these circumstances and is doing well (3.83 GPA) in college here in the US. I don't know what state your father and his wife will live in but here in California it was very easy to get our daughter started in the local California community college. This college can provide the first two years of a potential four year degree at a California State University or a University of California, which is the path our daughter is on. They also offer American College English (ACE) courses. ACE courses are specifically designed to bring non-native English student up to college English competency. Our daughter had 8 years of English in Chinese schools and tested out of a portion of the ACE program. Your father's state may have similar programs.

[scooby94]

Can i ask how she was able to attend a local college if she hasnt been living in the State of California? I'm trying to get my SO into a local community college and they told me that she has to be here one year. Is this the norm?

 

Thanks in advance for your help!

[Randy W]

If a step-child has not yet turned 18 at the time of the marriage, he will be considered your father's "child for immigration purposes". He may file an I-130 and will be considered an Immediate Relative of your father along with his mother. As long as it is filed before the child turns 21, a "visa number" will be immediately available. This means he can immigrate with, and adjust status with, his mother. If his mother applies for a K-3, he can also apply for a K-4.

 

If he turns 18 before the marriage, your father will not able to file the I-130 for him. He would still be eligible to apply for a K-4 visa - however, this would be a dead-end visa since K-4's cannot adjust status, except though an I-130). I have heard that the DOS has circulated a memo advising the consulates to NOT grant K-4's in this situation.

 

If he turns 18 before the marriage, his mother would need to file the I-130 for him after she becomes an LPR (Legal Permanent Resident). This can be as soon as she is in the US on a CR-1, or after she has adjusted status on on K-3 visa. Once she has arrived in the US on a CR-1 and has the I-551 stamp or the green card in hand, she would be free to travel back to China.

 

So the complicating factor if he turns 18 before the wedding is that she must file the I-130 for him, which she can only do after she has been processed at the US POE and adjusted status to LPR. He should be able to easily get his visa within a year, however.

 

Another possibility is if she gets the K-3, he may be able to get a K-4 and come at the same time. She would then need to adjust status and file an I-130 before his K-4 visa expires. He may go out of status, however, if his visa expires (2 years) before he can adjust status.

[jim_julian]

Can i ask how she was able to attend a local college if she hasnt been living in the State of California? I'm trying to get my SO into a local community college and they told me that she has to be here one year. Is this the norm?

 

Thanks in advance for your help!

 

Scooby ... not true here in Cali.

 

We had several things going for us. Lao Po and I got married before daughter turned 18, which makes her my step-daughter. Lao Po came to the US more than a year ago and daughter was a K2 FTJ (follow to join) eleven months later.

 

The question became do we pay resident or non-resident tuition. We paid non-resident for the summer session as her mom had not been resident in Cali for a year prior to the registration date. For the fall semester we paid resident as mom had been here for a year and that was the residence test according to the regulations in Cali. After daughter got her GC, I registered her for military benefits and then applied for California tuition waiver as I am a disabled vet. Now she can attend unlimited years of CC, CalState, or UC school tuition free as long as her income plus our college specific support doesn't exceed a certain number.

 

Worst case for you, I would think, is that you must pay non-resident tuition at your local community college. I could be wrong but I can't imagine they would preclude CC attendance.

[jim_julian]

Melanie ... Randy is one of the experts that I was referring to. You can trust his advice and posts 100%.

[scooby94]

Awesome! Many thanks Jim. This helps greatly.

[Sebastian]

Can i ask how she was able to attend a local college if she hasnt been living in the State of California? I'm trying to get my SO into a local community college and they told me that she has to be here one year. Is this the norm?

 

Thanks in advance for your help!

 

No - is only one year for 'local tuition rates'.

 

She can attend the local college on 'international tuition rates' or 'out of state' rates immediately.

[Melanie]

If a step-child has not yet turned 18 at the time of the marriage, he will be considered your father's "child for immigration purposes". He may file an I-130 and will be considered an Immediate Relative of your father along with his mother. As long as it is filed before the child turns 21, a "visa number" will be immediately available. This means he can immigrate with, and adjust status with, his mother. If his mother applies for a K-3, he can also apply for a K-4.

 

If he turns 18 before the marriage, your father will not able to file the I-130 for him. He would still be eligible to apply for a K-4 visa - however, this would be a dead-end visa since K-4's cannot adjust status, except though an I-130). I have heard that the DOS has circulated a memo advising the consulates to NOT grant K-4's in this situation.

 

If he turns 18 before the marriage, his mother would need to file the I-130 for him after she becomes an LPR (Legal Permanent Resident). This can be as soon as she is in the US on a CR-1, or after she has adjusted status on on K-3 visa. Once she has arrived in the US on a CR-1 and has the I-551 stamp or the green card in hand, she would be free to travel back to China.

 

So the complicating factor if he turns 18 before the wedding is that she must file the I-130 for him, which she can only do after she has been processed at the US POE and adjusted status to LPR. He should be able to easily get his visa within a year, however.

 

Another possibility is if she gets the K-3, he may be able to get a K-4 and come at the same time. She would then need to adjust status and file an I-130 before his K-4 visa expires. He may go out of status, however, if his visa expires (2 years) before he can adjust status.

 

 

Complicated...I should say so. Wow. As I understand it, he started schooling late and so has another year of "high school" (I am not sure what they refer to it as) after he completes this year. I do not believe he has an alternative place to stay if his mother would come to the U.S.

 

Question (and I apologize for my lack of knowledge): Does the K-3 refer to the I-129F? or the I-130?

[jim_julian]

They call it High School ... but it's only three years. However, the total length of education is the same as the US.

 

There may be some local variations, but, at least in Chongqing, he could leave high school in February 2009 (based on what you've stated) if he's passed his comprehensive exams.

 

Are you sure there's not grandparents or aunt/uncles he could live with?

 

You can set up a Follow To Join (FTJ) case where the son interviews with the mother and then delays his entry into the US by up to one day less than a year. There are a number opf details that we can explain to you or you can research hear if your father, his intended, etc. are interested.

[Randy W]

 

Complicated...I should say so. Wow. As I understand it, he started schooling late and so has another year of "high school" (I am not sure what they refer to it as) after he completes this year. I do not believe he has an alternative place to stay if his mother would come to the U.S.

 

Question (and I apologize for my lack of knowledge): Does the K-3 refer to the I-129F? or the I-130?

 

He would file the I-130 application for a CR-1 visa. Then, when the NOA1 receipt for the I-130 arrives, he can file the I-129F application for a K-3 visa.

 

Another thing to consider, which I believe would work the best for his situation is to file the I-129F as an application for the K-1 (fiance) visa. Then her son could get a K-2 visa, and arrive with his mother in the US. The marriage would then have to occur in the US. His wife and her son could then file together to adjust status. There would be no requirement that her son be under 18 at the time of marriage.

 

As long as he can show that he has met her in person, he can apply NOW for the K-1, and possibly be here in time for the school year in Sept.

[MikeandRong]

My father will travel to China in April to marry his fiancee, and was then planning to file the I-130 packet. However, I have learned that his fiancee's son turns 18 this month. Can he still come over with his mother even though he has turned 18 before his mother's marriage to my father, or is there a separate process that is required for him to obtain his VISA and travel here with his mother? She does not want to leave without him.

 

Many people in China say they are 1 year older than they are on a birth certificate. So be sure of his correct age (birth certificate age) before you change any plans.

 

If he really will become 18 next month in March, then your father getting married in April will not work out if you want the son to come too at the same time. He would need to go the K1-K2 route and get married in the USA.

 

If he really will become 18 in a year and 1 month, then he can get married in April and go the CR-1/CR2 or K3-K4 route.

 

Remember it all depends on the sons actual birth certificate age, not what he/she says their Chinese age is.

[Smitty]

Yes, Chinese Age is quite an odd thing, and I couldn't understand how a woman who was four days younger than I am could be a year older!?

[Melanie]

Okay, we got the question of her son's birthdate settled. He does turn 18 in a few days. So, we should go the I-129F route, correct? My next question: Do these documents for the I-129F packet need to be notarized? Apostilled? Before sending them to the USCIS service Center?

[david_dawei]

Okay, we got the question of her son's birthdate settled. He does turn 18 in a few days. So, we should go the I-129F route, correct? My next question: Do these documents for the I-129F packet need to be notarized? Apostilled? Before sending them to the USCIS service Center?

K1/K2 is probably adviseable; No need for notarization or other stamps on the package...