1-130 and immigration of 8yr old son

[Woodman]

I posted a while back about my new 8yr old son, but still need help. I applied for K-1 for my fiancee in Aug 2009, she got visa in July 2010, came here, we married in Nov 2010. We didn't bring her 8yr old son at the time for reasons that seemed good at the time. I got some bad advice and thought after marriage I had to apply for him using a Petition for alien relative I-130. But anyway, that's past - we got the letter today telling me I needed to go to an interview in San Francisco in a month (where we live) - good news! (It says I should bring the petitionee - but that is impossible, since he doesn't have a visa).

 

But I have had a hard time getting a good description of the process, as it applies in this situation (application for a step son, wife here but son still out of the country). What will happen after this interview, assuming it goes well? (it seems to be for the purpose of proving the relationship is legitimate). Will he still have to go through another wait and then an interview in China, similar to what my wife did with her K-1? Or will they issue at this interview next month an approval that enables him to get his Visa and green card. Do I bring his passport, even though he is not here?

 

Any help understanding how the process will go from now on would be appreciated. My wife is understandably longing to have her son here and we both need to get some idea of what is going to happen next.

 

btw - when she got her physical in guangzhou, she also didn't know to bring him - so he hasn't had the approved physical. Does he need that as well?

 

David and Ariana

[Randy W]

I posted a while back about my new 8yr old son, but still need help. I applied for K-1 for my fiancee in Aug 2009, she got visa in July 2010, came here, we married in Nov 2010. We didn't bring her 8yr old son at the time for reasons that seemed good at the time. I got some bad advice and thought after marriage I had to apply for him using a Petition for alien relative I-130. But anyway, that's past - we got the letter today telling me I needed to go to an interview in San Francisco in a month (where we live) - good news! (It says I should bring the petitionee - but that is impossible, since he doesn't have a visa).

 

But I have had a hard time getting a good description of the process, as it applies in this situation (application for a step son, wife here but son still out of the country). What will happen after this interview, assuming it goes well? (it seems to be for the purpose of proving the relationship is legitimate). Will he still have to go through another wait and then an interview in China, similar to what my wife did with her K-1? Or will they issue at this interview next month an approval that enables him to get his Visa and green card. Do I bring his passport, even though he is not here?

 

Any help understanding how the process will go from now on would be appreciated. My wife is understandably longing to have her son here and we both need to get some idea of what is going to happen next.

 

btw - when she got her physical in guangzhou, she also didn't know to bring him - so he hasn't had the approved physical. Does he need that as well?

 

David and Ariana

 

 

 

 

 

What were your answers to Questions # 19 and 22 on the I-130 for you step-son? (should have given his address abroad, and which consular post he will apply at, respectively)

 

That is unusual that they would interview you (the petitioner). They seem to think that he is in the US. Why would they have that impression?

 

You probably need to schedule an InfoPass appointment to straighten this out, and get it on the right track.

 

Yes, he will need a medical, prior to his interview in Guangzhou.

[Woodman]

I posted a while back about my new 8yr old son, but still need help. I applied for K-1 for my fiancee in Aug 2009, she got visa in July 2010, came here, we married in Nov 2010. We didn't bring her 8yr old son at the time for reasons that seemed good at the time. I got some bad advice and thought after marriage I had to apply for him using a Petition for alien relative I-130. But anyway, that's past - we got the letter today telling me I needed to go to an interview in San Francisco in a month (where we live) - good news! (It says I should bring the petitionee - but that is impossible, since he doesn't have a visa).

 

But I have had a hard time getting a good description of the process, as it applies in this situation (application for a step son, wife here but son still out of the country). What will happen after this interview, assuming it goes well? (it seems to be for the purpose of proving the relationship is legitimate). Will he still have to go through another wait and then an interview in China, similar to what my wife did with her K-1? Or will they issue at this interview next month an approval that enables him to get his Visa and green card. Do I bring his passport, even though he is not here?

 

Any help understanding how the process will go from now on would be appreciated. My wife is understandably longing to have her son here and we both need to get some idea of what is going to happen next.

 

btw - when she got her physical in guangzhou, she also didn't know to bring him - so he hasn't had the approved physical. Does he need that as well?

 

David and Ariana

 

 

 

 

 

What were your answers to Questions # 19 and 22 on the I-130 for you step-son? (should have given his address abroad, and which consular post he will apply at, respectively)

 

That is unusual that they would interview you (the petitioner). They seem to think that he is in the US. Why would they have that impression?

 

You probably need to schedule an InfoPass appointment to straighten this out, and get it on the right track.

 

Yes, he will need a medical, prior to his interview in Guangzhou.

 

 

 

1-130 Question 19 - I left this blank, because I was concerned that he would not be able to get mail at the address where he is living. My understanding from my wife is that most homes in her area of China do not get mail service. She didn't think the home he is at would get mail (he is being boarded with his school teacher, with his grandmother providing extra care on weekends. She doesn't get mail either). Perhaps this is why they sent up an appointment. I had this problem during my wife's application process. I wanted all coorespondance to go to me.

 

Question 22 seemed to only apply if he was in the United States, so I left it blank.

 

Infopass is pretty restrictive (on the website) on the conditions that you can make an appointment on. I picked "ongoing service issue" - hopefully they won't turn me away since I don't actually have a service ID on an issue 45 days old. But with your reply I have now made an appt. I hope I can get it straightened out.

 

I'm thinking maybe I need to go pay some money to an immigration attorney and make sure there aren't any more mistakes.

 

David and Ariana

[dnoblett]

My question why not a follow to join K2 visa? You can get it up to a year after the K1. Simply contact the consulate before July 2011.

 

Only downside is K2 will cost slightly more for AOS fees.