ME4Ying Posted May 7, 2011 Report Share Posted May 7, 2011 I have a related question. My wife and 15 year son came to the USA in 2008 on a K3/K4 visa. Her son decided he wanted to go back to China. It was understandable since he knew limited english and was very close to finishing high school. Now my wife has her 10 yr green card and her son, now 19 y/o is in China. She would like him to come back to the USA. What are the options and timelines? Link to comment
dnoblett Posted May 7, 2011 Report Share Posted May 7, 2011 (edited) I have a related question. My wife and 15 year son came to the USA in 2008 on a K3/K4 visa. Her son decided he wanted to go back to China. It was understandable since he knew limited english and was very close to finishing high school. Now my wife has her 10 yr green card and her son, now 19 y/o is in China. She would like him to come back to the USA. What are the options and timelines? YOU, the STEP-Parent will file an I-130 for your step son. Since you married prior to his age 18 you can do this until age 21. However should be before age 20 to avoid possible age out. (Will get a 10 year green-card upon entry to the USA) Here is a guide: http://www.visajourn...ontent/childpet You file an I-130, with copy of child's Birth cert showing relationship to your spouse, and copy of marriage cert showing married to step child's parent. Again You the US Citizen step parent file this, NOT green-card holder... Timeline 7-9 months.. When petition reaches NVC, OPTIN to electronic process, this will save you a few months. http://candleforlove...g-for-i-130cr1/ Edited May 7, 2011 by dnoblett (see edit history) Link to comment
chilton747 Posted May 7, 2011 Report Share Posted May 7, 2011 I just filed for an IR2 myself. After you file the I-130 and receive the NOA1, his age freezes as far as aging out is concerned. So no worries there. At this moment there is a 5 month wait at the CSC so Dan's estimation on time is correct at this point. However anything is subject to change at any time. Link to comment
dnoblett Posted May 7, 2011 Report Share Posted May 7, 2011 I just filed for an IR2 myself. After you file the I-130 and receive the NOA1, his age freezes as far as aging out is concerned. So no worries there. At this moment there is a 5 month wait at the CSC so Dan's estimation on time is correct at this point. However anything is subject to change at any time. Actually age freezes for the period of time it takes for USCIS to approve petition, so if it takes 5 months for USCIS to process, then add 5 months to age, Green card needs to be issued by age 21+5 months. Link to comment
chilton747 Posted May 8, 2011 Report Share Posted May 8, 2011 I just filed for an IR2 myself. After you file the I-130 and receive the NOA1, his age freezes as far as aging out is concerned. So no worries there. At this moment there is a 5 month wait at the CSC so Dan's estimation on time is correct at this point. However anything is subject to change at any time. Actually age freezes for the period of time it takes for USCIS to approve petition, so if it takes 5 months for USCIS to process, then add 5 months to age, Green card needs to be issued by age 21+5 months. Looks like the child has one year from visa availability to "seek" permanent residence. "The child must ¡°seek to acquire¡± permanent residence within 1 year of a visa becoming available. USCIS interprets ¡°seek to acquire¡± as having a Form I-824, Application for Action on an Approved Application or Petition, filed on the child¡¯s behalf or the filing of a Form I-485, Application to Register Permanent Residence or Adjust Status, or submit Form DS-230, Application for Immigrant Visa and Alien Registration from the Department of State. The date of visa availability means the first day of the first month a visa in the appropriate category was listed as available in the Department of State¡¯s visa bulletin or the date the visa petition was approved, whichever is later." Link to comment
Randy W Posted May 8, 2011 Report Share Posted May 8, 2011 Looks like the child has one year from visa availability to "seek" permanent residence. "The child must ¡°seek to acquire¡± permanent residence within 1 year of a visa becoming available. USCIS interprets ¡°seek to acquire¡± as having a Form I-824, Application for Action on an Approved Application or Petition, filed on the child¡¯s behalf or the filing of a Form I-485, Application to Register Permanent Residence or Adjust Status, or submit Form DS-230, Application for Immigrant Visa and Alien Registration from the Department of State. The date of visa availability means the first day of the first month a visa in the appropriate category was listed as available in the Department of State¡¯s visa bulletin or the date the visa petition was approved, whichever is later." This freezes the age of the child at the time of "visa number availability". This protects against the processing time by both USCIS and DOS/GUZ. Link to comment
chilton747 Posted May 8, 2011 Report Share Posted May 8, 2011 By the way, filing for your step-son is light years easier than a spousal visa. So far it has been painless and the NOA1 came in 4 days. Good Luck!! Link to comment
Recommended Posts
Please sign in to comment
You will be able to leave a comment after signing in
Sign In Now