F2B visa for adult unmarried wife's son application questions

[KevinNelson]

We missed by only a few months getting married in time to apply for my wife's son before his 21st birthday (May of 1994). He is currently living and working in China. We did file an I-130 for him, and got a priority date of August 17, 2015. The Visa Bulletin For May 2019 now states that the dates for filing family-sponsored visa applications is now August 1, 2014. (Am I reading the correct date for him? There are two dates associated with the F2B application.) For the past four months, the progress has been advancing three months per month, which if the rate continues, means we could probably apply for him this coming September or October.

 

I have been looking at the I-485 form. Because of the dearness of my step-son to my wife, I am beginning to think I should employ a lawyer to make sure things go right. I am assuming that I, the husband of my Chinese wife, am not a primary person in this application, of which the primary I-130 for my stepson was my wife. (She now has her 10-year greencard.) I am thinking my wife would be the principal applicant, where my stepson is the derivative applicant.

 

We live in northern California, in a place where illegal immigrants outnumber legal immigrants fifty to one, with Chinese immigrants being outnumbers well over 1000 to one. We would probably have to go to the San Francisco area (or area around Napa County) to get a Chinese lawyer. Yet at the same time, I notice that much (or most) of the information may need to be filled out by my step-son in China. Is there a trustworthy lawyer in China that could be used? Or would we have to use one in the States?

 

Thanks in advance! You guys rock!

[Randy W]

Your wife is the I-130 petitioner - her son is the (visa) applicant. The 01AUG2014 date is the correct one for filing associated documents - e.g., I-864 and DS-260. You should not have to submit an I-485, however, since he is not adjusting status.

Edited May 7, 2019 by Randy W
change 2015 to 2014 (see edit history)

[KevinNelson]

Your wife is the I-130 petitioner - her son is the (visa) applicant. The 01AUG2014 date is the correct one for filing associated documents - e.g., I-864 and DS-260. You should not have to submit an I-485, however, since he is not adjusting status.

 

Will we be notified when it is time to file documents? Or do we have to "guess" the correct time? My wife seems convinced that her son in China is under the table of 4A, not 4B as you have stated.

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-may-2019.html

 

 

Filing Dates – 4B Table May 2019 Bulletin

Family-

Sponsored

CHINA-mainland

born

F2B

01AUG14

 

Since the January Bulletin, table 4B advanced five months, in five months’ time.

 

Final Action Dates – 4A Table May 2019 Bulletin

Family-

Sponsored

CHINA-mainland

born

F2B

01FEB13

 

Since the January Bulletin, table 4A advanced nine months, in five months’ time.

 

In January's Bulletin, the difference between table 4A and 4B is about 24 months. In the May Bulletin, the difference is down to 18 months.

 

This has me confused, since I am not understanding the language used in the visa bulletin. Could you venture an educated guess about when we may be able to apply, at the soonest? (I am assuming that we will be able to apply, using table A, at the latest in about twelve months' time.) If it is this year, our time here will have to lived significantly different than if it is after the next Chinese New Year in 2020.

[Randy W]

The F2A category is for children (UNDER 21) of an LPR - if he's 21 or over, that puts him in category F2B. I think the INA actually DEFINES children as referring to people under the age of 21.

 

INA § 101(b)(1)(A)-(G) – Definitions

(b) As used in titles I and II-

(1) The term "child" means an unmarried person under twenty-one years of age who is-
. . .

 

 

 

Don't put too much stock in the month to month changes - it will generally change by one month every month on average, unless there is some sort of a temporary speed-up or slow-down, or change in the number of applicants.

 

Yes, they'll let you know when it's time, but if you see his time come up, you can check with them to make sure.

 

Going by the one month per month rate, his time should come up in about one year - just be sure to keep an eye on it. Yes, it could come up sooner.

 

Notice, though, that the Final Action (or interview) date is about 1 1/2 years earlier - meaning he'll still have to wait maybe 18 months before he's able to interview.