Can my wifes son ever visit her in the US?

[m-coon]

Hi All,

I don't mean to sound stupid but I really do not know how "this" works. Once my wife has joined me in the US, is there anyway that her 21 year old son can come to visit? Is there any way to legally get him into the US perminately? Can any of her family ever come to the US to visit?

I would really appreciate the knowledge you people have in this area.

Thanks,

Scott & Dan

[Trigg]

The B2 visitor visa seems to be getting a little easier to get but a 21 year old single son may be difficult. He would,need to prove striong ties to China. A good job, children, a house. Things of this nature that would convince the folks at GZ that he has good reason to return to China. I'm thinking it would be very difficult to get him a visitors visa. But, things they are a changin'

[king]

Right now B2 visas are hard to come by in Guangzhou. As one of my assistants says, "next to impossible." Then as Trigg points out the son has some of the wrong circumstances, unless he is married, owns real property, has a good job and has children, otherwise he would be a risk to stay in the US from the NIV unit's point of view making the issuance of a B2 visa even more unlikely.

 

I think the long range point of view is necessary. Is he in college? He could try to apply for an F1 student visa. The mother could apply now for an F2B if the son is not now married. It takes a long time, but at some point he will be able to go on a permanent basis.

[frank1538]

This is way outside my knowledge base, but I thought that a legal permanent resident can petition on behalf of an unmarried son or daughter over the age of 21, using the I-130. If this is correct, maybe your wife can file the I-130 after she becomes an LPR, provided her son is not married.

[cosmiclobster]

According to the USCIS site, CSC is processing I130's for permanent resident filing for unmarried sons or daughters with a date of April 1998 !!

Not so hard, just need to wait 7 years. Kinda makes you feel good about year wait for the I129F !!

[Trigg]

I (actually my natrualizied ex-wife) applied on an I-130 for my brother-in-law from Thailand at age 14.

Let me get this right. Your ex-wife was fourteen??? Dayem and they say stuff 'bout us'ns from TN.

[lassetter]

I don't mean to sound stupid but I really do not know how "this" works. Once my wife has joined me in the US, is there anyway that her 21 year old son can come to visit? Is there any way to legally get him into the US perminately? Can any of her family ever come to the US to visit?

 

Scott & Dan

First. You are not being stupid.

 

I am in a similar boat as you. My wife's daughter was over 18 when I married her mother. A K-4 visa would have only lasted until she was 21. Not a day longer. It is a "dead-end Visa." Notice, I did not use the term "stepdaughter" because under immigration law she is not a stepdaughter.

 

Like you I want her to visit her mother. She is now in college.

 

I have looked at alternative plans. I have not seen anything that helps. I have contacted two lawyers on this topic.

 

The advice you have been given here is correct. It is impossible to travel to the USA when it appears that one might be an intending immigrant. In otherword the Consulate does everything possible to stop intending immigrants from using a non-immigrant visa as a trick to get in the country. Therefore, it is very unlikely your wife's son will be granted a student visa or any other type of visa BECAUSE he has a relative in the USA.

 

Now: read carefully. You could get your step-son into the USA IF he comes before his mother! In otherwords get him enrolled in college or language school. He could get an F1 visa because he has no relative in the USA. Remember, technically you are NOT a relative for immigration purposes. In order to be a stepfather your son would have to be under 18 when you married his mother.

 

However, you need to see an attorney before you pull that trick!

 

Rupert