15 yr old son in China

[mrbill2449]

I am a US citizen and my wife is chinese and with a permanent 10 year green card. Her son will be 15 years old on 2-26-2010. His father won't release him, so we have to make application for when he becomes 16 years of age. The question is when can I begin the paperwork? When do I actually file? I think I have to make application using the I-130, biometrics and such.

 

I ask these questions because I had heard that you can file one year in advance of the son becomming 16 years old. Your answers are greatly appreciated!

 

Mr Bill

[samsong]

The age of majority in China is 18. The father can still make decisions for him until then. Something to take into consideration. Good luck!

[dnoblett]

Lostinblue filed a petition for his step son December 2008, child just got visa at age 17. http://candleforlove.com/forums/index.php?...c=39352&hl=

 

You can file an I-130 for a step child at any age as long and marriage took place before 18th birthday, and as long as child gets visa and enters the USA before age 21. Step parent files the petition for step child, the resulting visa will be IR-2

 

One note, if you intend for the child to become a US Citizen, you need to have child immigrate and be able to adopt child in the USA before turning 18, if you adopt child all that is needed tho file is an N-600 for citizen cert. LeeFisher did this: http://candleforlove.com/forums/index.php?...c=25649&hl=

[mrbill2449]

Lostinblue filed a petition for his step son December 2008, child just got visa at age 17. http://candleforlove.com/forums/index.php?...c=39352&hl=

 

You can file an I-130 for a step child at any age as long and marriage took place before 18th birthday, and as long as child gets visa and enters the USA before age 21. Step parent files the petition for step child, the resulting visa will be IR-2

 

One note, if you intend for the child to become a US Citizen, you need to have child immigrate and be able to adopt child in the USA before turning 18, if you adopt child all that is needed tho file is an N-600 for citizen cert. LeeFisher did this: http://candleforlove.com/forums/index.php?...c=25649&hl=

[Randy W]

Lostinblue filed a petition for his step son December 2008, child just got visa at age 17. http://candleforlove.com/forums/index.php?...c=39352&hl=

 

You can file an I-130 for a step child at any age as long and marriage took place before 18th birthday, and as long as child gets visa and enters the USA before age 21. Step parent files the petition for step child, the resulting visa will be IR-2

 

One note, if you intend for the child to become a US Citizen, you need to have child immigrate and be able to adopt child in the USA before turning 18, if you adopt child all that is needed tho file is an N-600 for citizen cert. LeeFisher did this: http://candleforlove.com/forums/index.php?...c=25649&hl=

 

 

The I-130 petition may be filed up to age 21 - the age is ALWAYS frozen for I-130's as of the date of filing by the Child Status Protection Act - the child may enter the US over the age of 21.

 

You DO NOT need to adopt the child in order for him to become a citizen. Adoption is simply one path to citizenship.

[dnoblett]

Lostinblue filed a petition for his step son December 2008, child just got visa at age 17. http://candleforlove.com/forums/index.php?...c=39352&hl=

 

You can file an I-130 for a step child at any age as long and marriage took place before 18th birthday, and as long as child gets visa and enters the USA before age 21. Step parent files the petition for step child, the resulting visa will be IR-2

 

One note, if you intend for the child to become a US Citizen, you need to have child immigrate and be able to adopt child in the USA before turning 18, if you adopt child all that is needed tho file is an N-600 for citizen cert. LeeFisher did this: http://candleforlove.com/forums/index.php?...c=25649&hl=

 

The I-130 petition may be filed up to age 21 - the age is ALWAYS frozen for I-130's as of the date of filing by the Child Status Protection Act - the child may enter the US over the age of 21.

 

You DO NOT need to adopt the child in order for him to become a citizen. Adoption is simply one path to citizenship.

Good points!

 

Note yes adoption is one route, the other is for son to file an N-400 after 5 years of green-card status, or can file for citizenship through military service if joins the US military. So yes several routes to US Citizenship.

[warpedbored]

If the father has custody and won't allow the child to come, you will have to wait until the child is 18. You could probably fudge a few months on that as long as the interview took place after age 18.