How to bring my son in China to USA?

[smalltoe]

I got my GC in 3 months from the date I filed I-485. Thanks so much for the tremendous help I got from here.

What is the process to apply GC for my son, who is 9 years old and living in China now.

Most cases in this forum are K2 visa - arriving at US - AOS - GC. I was told that doesn't apply to my case.

I don't know if my husband can apply for GC for my son directly. what forms do we need to file? How long shall the whole process usually take to have him get here if everything goes smoothly?

I will go back to China next week and stay for 40 days. I need to get a passport for my son during my stay in China. I don't know if there is anything other than this I need to prepare in this trip?

[Randy W]

I got my GC in 3 months from the date I filed I-485. Thanks so much for the tremendous help I got from here.

What is the process to apply GC for my son, who is 9 years old and living in China now.

Most cases in this forum are K2 visa - arriving at US - AOS - GC. I was told that doesn't apply to my case.

I don't know if my husband can apply for GC for my son directly. what forms do we need to file? How long shall the whole process usually take to have him get here if everything goes smoothly?

I will go back to China next week and stay for 40 days. I need to get a passport for my son during my stay in China. I don't know if there is anything other than this I need to prepare in this trip?

Yes he can. Since you married before your son reached the age of 18, your husband may file an I-130 for the child of an American citizen. The CR-2 takes approximately a year.

 

He will need a birth certificate, the passport, and either a divorce decree awarding you full custody, or permission from the birth father to bring him to the US

[LeeFisher3]

On the envelope be sure to identify this as a petition for a minor child. The cover letter should also identify this as a case of bringing your minor child to be reunited with his mother.

 

The USCIS has been known to give priority to these cases, there is no guarantee, but it has happened before.

[smalltoe]

Does my son need medical exam? I hope I can get all his paperwork done during my stay in China. Next time I go to China I'll be able to bring my son to interview and back to US together.

[LeeFisher3]

Does my son need medical exam? I hope I can get all his paperwork done during my stay in China. Next time I go to China I'll be able to bring my son to interview and back to US together.

Until you receive the interview appointment letter you will not be able to have the medical exam for a visa.

 

Getting all the his notary papers and passport now will help, be sure to get 3 copies of his birth record from the Notary.

[esun41]

On the envelope be sure to identify this as a petition for a minor child. The cover letter should also identify this as a case of bringing your minor child to be reunited with his mother.

 

The USCIS has been known to give priority to these cases, there is no guarantee, but it has happened before.

 

From the USCIS website:

• If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:
  • Husband or wife
    
  • Unmarried child under 21 years of age
    
  • Unmarried son or daughter over 21
    
  • Married son or daughter of any age
    
  • Brother or sister, if the sponsor is at least 21 years old, or
    
  • Parent, if the sponsor is at least 21 years old.
    

  [*] If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:

  • Husband or wife, or
    
  • Unmarried son or daughter of any age.
    

In any case, the sponsor must be able to provide proof of the relationship.

 

 

Preference Categories

If you wish to immigrate as a relative of a U.S. Citizen or lawful permanent resident, you must obtain an immigrant visa number based on the preference category in which you fall.

 

People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:

 

• First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
  
• Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
  
• Third Preference: Married sons and daughters of U.S. Citizens.
  
• Fourth Preference: Brothers and sisters of adult U.S. Citizens.
  

[Randy W]

(iv) Primary evidence for a stepchild. If a petition is submitted by a stepparent on behalf of a stepchild or stepson or stepdaughter, the petition must be supported by the stepchild's or stepson's or stepdaughter's birth certificate, issued by civil authorities and showing the name of the beneficiary's parent to whom the petitioner is married, a marriage certificate issued by civil authorities which shows that the petitioner and the child's natural parent were married before the stepchild or stepson or stepdaughter reached the age of eighteen ; and evidence of the termination of any prior marriages of the petitioner and the natural parent of the stepchild or stepson or stepdaughter.

 

 

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

 

"Definition of a Child

The immigration law defines a ¡°child¡± as an unmarried person under the age of 21 (a minor) who is

 

. . . .

* A stepchild if the marriage creating the step relationship took place before the child reached the age of 18"

[eseum]

I would recommend having your husband file to bring the son over as his child. This is what I did for my daughter. It took just slightly less than a year from the filing of the I-130 for her to get her interview and visa. The process went fairly smoothly especially since we had to get the supporting documents sent to us from China.

 

You will be in a good position to bring what you need back with you for the filing.

 

Good luck.

[smalltoe]

Thanks so much to you all.