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Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

This is actually for my my wife's friend. She and her husband are starting the process to bring over her son from China. The boy is about 11. This will be a stand alone I-130 and he will come on a CR-2 as she is a green card holder and he is a USC. As with many Chinese names, the boy's name is difficult for English speakers to pronounce so they want to give him an American name. I believe the intent is to give him the husband's last name though I don't think there is any intent for the husband to adopt the boy as his biological father is living in China.

The question is what is the easiest way to do this legally during the immigration process. I know you can do this when applying for citizenship but that is away off and they would like to do it immediately.

Any suggestions of thoughts are appreciated.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Can't change the boys last name unless the bio father permits it. I believe first name is the same, bio fathers permission.

If they want to change his name they can always call him by an english name but leave his legal name as is.

I would leave the child's name as-is and let him decide when he's old enough what he wants to do. Also, China doesn't permit dual citizenship so in order to obtain USC they will lose their chinese citizenship. Given his father is in China, it would be in his best interest not to lose his citizenship until he is of an age to decide for himself.

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

The boy's mother, being a green card holder, can also petition him to come to US and join the family. She needs to file I-130 for her son. Follow the instruction here http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=86493e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=86493e4d77d73210VgnVCM100000082ca60aRCRD

The reason he will apply as a USC and not his wife as a green card holder is visas are immediately available to children (inclduing stepchildren) of USC but the wait for the children of a green card holder is presently 2+ years.

 
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