Immigration of 8yr old son

[Woodman]

I have what I think might be a somewhat unique question. After a 10 month wait, my now wife got her K-1 visa (easily) in Aug of 2010. We got married in Sept. She has an 8 yr old boy in China still. Partly because for reasons that seemed to make sense at the time we decided he should not come with her initially. But also because by mistake she did not take her son to Guangzhou to get a med exam at the critical time. At the time I didn't think it would be a problem, thinking that after we married he could still come within the 6 month window. We didn't realize that once we married the process had to start all over again.

 

Anyway, so after marriage I applied to bring him here on a I-130 petition for alien relative. This was in November 2010. The USCIS web site cites a 5 month typical process time. It shows his petition is currently being reviewed - it is between 5 and 6 months.

 

In this situation, a I-130 for an 8 yr old boy, son of my wife, how long should we expect to wait? Is the next step similar to the K-1 - a packet sent to him/me, submit additional documents, then interview in Guangzhou perhaps in 3 months? I'm hoping very much that it is not the 2yr delay that I hear is normal for a brother or other relative.

 

David and Ariana

[Randy W]

Someone is mis-informing you.

 

Since you're still within the 1 year (NOT 6 month window) for follow-to-join, you might check with the consulate to revive his K-2 case. Ours took all of 2 weeks to get an interview - this was 11 months AFTER she had arrived, and was married.

 

Even so, the I-130 case most likely won't take long - some others can give you accurate times. At this point, you may wish to simply wait for the I-130 processing, since it's already paid for and it comes with a green card upon arrival in the US.

Edited May 12, 2011 by Randy W (see edit history)

[chilton747]

Someone is mis-informing you.

 

Since you're still within the 1 year (NOT 6 month window) for follow-to-join, you might check with the consulate to revive his K-2 case. Ours took all of 2 weeks to get an interview - this was 11 months AFTER she had arrived, and was married.

 

Even so, the I-130 case most likely won't take long - some others can give you accurate times. At this point, you may wish to simply wait for the I-130 processing, since it's already paid for and it comes with a green card upon arrival in the US.

 

 

And to add, he can opt in for electronic processing after the P2. Much faster than the previous K1 where he waited 3 months to get an interview.

[dnoblett]

Someone is mis-informing you.

 

Since you're still within the 1 year (NOT 6 month window) for follow-to-join, you might check with the consulate to revive his K-2 case. Ours took all of 2 weeks to get an interview - this was 11 months AFTER she had arrived, and was married.

 

Even so, the I-130 case most likely won't take long - some others can give you accurate times. At this point, you may wish to simply wait for the I-130 processing, since it's already paid for and it comes with a green card upon arrival in the US.

 

 

And to add, he can opt in for electronic processing after the P2. Much faster than the previous K1 where he waited 3 months to get an interview.

 

I will add this will also avoid having to file a separate AOS application for a green-card saving some $$, will get green-card upon entry to the USA rather than waiting a few months to adjust status.

 

I would stick with the I-130 petition for CR-2 or IR-2 visa, since already has paid fees for it.