Bringing wife's son to America

[dmac7758 0]

My fiance came to the U.S. on the K-1 fiance visa last year(9/2009)from China and we married soon after according to the immigration law.Her son was going to come with her but changed his mind so he can graduate high school in China.Now he wants to come to be with his mom.I believe I need to use the I-130 and sponsor him as a stepchild.I thought I would be able to use the "following to join" benefit,but it say's I need to send copies of the original I-129F forms I used for my fiance.Unfortunately,I dont have copies,which is the reason going the I-130 route. Is there anyone out there in visajourney land that has gone through this process and if I'm heading in the right direction,or not??And possibly tell me what the steps would be to complete this journey? I would greatly appreciate it very much.

[YuAndDan 153]

OK for the million dollar question, How old was step son at the moment you got married??

If less than 18, you can file I-130 as a step parent. (This gets an IR-2 or CR-2 visa)

If age 18 or older, your spouse needs to file I-130 as biological parent. (Unmarried Child of a green-card holder less than age 21 gets F2 visa preference).

For detailed coverage about the consulate in China, I recommend: http://candleforlove.com

[dmac7758 0]

My fiance came to the U.S. on the K-1 fiance visa last year(9/2009)from China and we married soon after according to the immigration law.Her son was going to come with her but changed his mind so he can graduate high school in China.Now he wants to come to be with his mom.I believe I need to use the I-130 and sponsor him as a stepchild.I thought I would be able to use the "following to join" benefit,but it say's I need to send copies of the original I-129F forms I used for my fiance.Unfortunately,I dont have copies,which is the reason going the I-130 route. Is there anyone out there in visajourney land that has gone through this process and if I'm heading in the right direction,or not??And possibly tell me what the steps would be to complete this journey? I would greatly appreciate it very much.

He was 17 when we married.Any idea how long this process will take,from start to finish??

[YuAndDan 153]

He was 17 when we married.Any idea how long this process will take,from start to finish??

The same amount of time as a spouse visa, 4-5 months USCIS, 2-3 months NVC, a month or so at the consulate, IF you elect on electronic processing at the NVC stage.

BIG Note, NVC has a special electronic processing option for Guangzhou when it gets to that point. MORE: http://candleforlove.com/forums/index.php?showtopic=37703

You start by filing an I-130 to USCIS as a step parent, you will include copies of Marriage cert, Foreign Birth Cert, evidence of your US Citizenship...

MORE: http://www.visajourney.com/content/childpet

[dmac7758 0]

The same amount of time as a spouse visa, 4-5 months USCIS, 2-3 months NVC, a month or so at the consulate, IF you elect on electronic processing at the NVC stage.

BIG Note, NVC has a special electronic processing option for Guangzhou when it gets to that point. MORE: http://candleforlove.com/forums/index.php?showtopic=37703

You start by filing an I-130 to USCIS as a step parent, you will include copies of Marriage cert, Foreign Birth Cert, evidence of your US Citizenship...

MORE: http://www.visajourney.com/content/childpet

[dmac7758 0]

Thank you so much for the info,Daniel! This is very encouraging.I had read other blogs on-line about people waiting for their children since 2001 or so and hav'nt received their visa yet.Have you read anything like that?Thanks again.My name is Don and my wife is Bing.We live in Ft.Myers,Fl.

[YuAndDan 153]

Thank you so much for the info,Daniel! This is very encouraging.I had read other blogs on-line about people waiting for their children since 2001 or so and hav'nt received their visa yet.Have you read anything like that?Thanks again.My name is Don and my wife is Bing.We live in Ft.Myers,Fl.

those are cases where child aged out before filing the I-130 son/daughter was age 21 or older when petition was filed.

Also has to do with certain countries, Philippines is taking longest for this type.

In your case child is treated as child of US Citizen and gets visa number immediately upon petition approval.

[Darnell 8,478]

Since you married the mother prior to age 18, YOU (The USC step-parent) can file the I-130 for the step-child, and ask for expedite with initial submittal.

Here's my handy-dandy expedite for an I-130_CR-2 -> Expedite - http://www.visajourney.com/forums/topic/255138-k3-k4-visa-converted-to-cr-1-by-national-visa-center/page__p__3918125#entry3918125

Good Luck !

[Jojo92122 1,924]

those are cases where child aged out before filing the I-130 son/daughter was age 21 or older when petition was filed.

Also has to do with certain countries, Philippines is taking longest for this type.

In your case child is treated as child of US Citizen and gets visa number immediately upon petition approval.

Once the I-130 is file in the Immediate Relative category, the child's aged is fixed under CSPA. The child can NEVER age out. CSPA works differently in the Immediate Relative category vs. the Family Preference Categories (F1, F2a, F2b, F3, and F4).

[dmac7758 0]

Since you married the mother prior to age 18, YOU (The USC step-parent) can file the I-130 for the step-child, and ask for expedite with initial submittal.

Here's my handy-dandy expedite for an I-130_CR-2 -> Expedite - http://www.visajourney.com/forums/topic/255138-k3-k4-visa-converted-to-cr-1-by-national-visa-center/page__p__3918125#entry3918125

Good Luck !

[dmac7758 0]

Thanks Darnelle! I went to your expedite page and was wondering if you think this applies in our case.I did'nt file an I-130 for my wife,we did the I-129F.Thanks again.

[dmac7758 0]

Hello again! Was wondering if I may have a little problem with the evidence needed to show I'm a U.S. Citizen.All I have is my birth certificate,I hav'nt renewed my passport and my wife wants to get this done NOW! When I was reading the I-130 instructions,I read it as one or the other,a birth certificate or passport.Did I read it right,or do I need the passport??

[YuAndDan 153]

Hello again! Was wondering if I may have a little problem with the evidence needed to show I'm a U.S. Citizen.All I have is my birth certificate,I hav'nt renewed my passport and my wife wants to get this done NOW! When I was reading the I-130 instructions,I read it as one or the other,a birth certificate or passport.Did I read it right,or do I need the passport??

Copy of US birth cert is all that is needed to prove US citizenship.