I -130 to bring a child under 21 by stepfather?ok?

[snowli 0]

Hi,everyone, a confused mom looking for kind advice on bring 20yrs son to USA. Thank you in advance for any of your

comments and advice.

I have a big concern if my husband(USC) can be the petitioner as the stepfather for my son who was over 18 when we got married. ( my AOS is still in processing, NOA-1 on July06). Or i have to be very very patient to be the one when my Green Card is available in the coming months. My son will be 21 yrs by March 2011. Feel so much pressure on this issue.

Ever checked with an attorney in Las Vegas, who said my husband can be the petitioner as the stepfather, well i checked relative policy which says he can not be the one for the stepson who was over 18 when we married.

Appreciate for any of comments.

Confused mom.

Edited July 23, 2010 by snowli

[aleful 1,905]

Hi,everyone, a confused mom looking for kind advice on bring 20yrs son to USA. Thank you in advance for any of your

comments and advice.

I have a big concern if my husband(USC) can be the petitioner as the stepfather for my son who was over 18 when we got married. ( my AOS is still in processing, NOA-1 on July06). Or i have to be very very patient to be the one when my Green Card is available in the coming months. My son will be 21 yrs by March 2011. Feel so much pressure on this issue.

Ever checked with an attorney in Las Vegas, who said my husband can be the petitioner as the stepfather, well i checked relative policy which says he can not be the one for the stepson who was over 18 when we married.

Appreciate for any of comments.

Confused mom.

I had already replied on the other thread. don't believe the first lawyer that you go to. some lawyers are very good but some are out there to take your money. you are correct when you say that he can't because the marriage was after he was 18 and not before.

unfortunatly when you have your GC he will be 21 or over, so it will take more than 5 years for his priority date. he cannot marry but if he can, she should go to college or university or study something useful when he does come.

[Darnell 8,479]

Many things depend on 'what visa you held, and when was the interview'

If you interviewed for a K-1 visa, less than a year ago, then by all means, set up the K-2 FTJ at GUZ IV -

by sending in a Packet 3 set with coverletter directly to GUZ IV. Packet 3 forms at http://guangzhou.usembassy-china.org.cn/forms_and_packets.htm K2 FTJ cases always must be filed within / less than a year of the original K-1 interview date.

I think you're gonna have other problems, if indeed, yer AOS NOA1 date is July06. Perhaps that's a typo ?

Please tell us -

--your interview date at Guangzhou

--if you included his name on any of the paperwork you submitted with the packet 3 and packet 4 paperwork that you submitted to GUZ IV.

Edited July 23, 2010 by Darnell

[snowli 0]

Many things depend on 'what visa you held, and when was the interview'

If you interviewed for a K-1 visa, less than a year ago, then by all means, set up the K-2 FTJ at GUZ IV -

by sending in a Packet 3 set with coverletter directly to GUZ IV. Packet 3 forms at http://guangzhou.usembassy-china.org.cn/forms_and_packets.htm K2 FTJ cases always must be filed within / less than a year of the original K-1 interview date.

I think you're gonna have other problems, if indeed, yer AOS NOA1 date is July06. Perhaps that's a typo ?

Please tell us -

--your interview date at Guangzhou

--if you included his name on any of the paperwork you submitted with the packet 3 and packet 4 paperwork that you submitted to GUZ IV.

----Thank you so much Darnell for your kind comments and inquries.

I currently hold an active visitor visa and am within USA, pending for AOS. I have spent $1k on attorney for my case. I know i have no other options, but would be nice if my husband can be the petitioner for my son as his stepson who was over 18 when we got married. Timing is very tight for us as my son is going to be 21 by Mar 2011. If i have to be the petitioner, this there will be possibility that my son's age will slip into 21 when time comes...

Attorney i consulted said my busband can be the petitioner for my son-his stepson who was over 18 when we got married. If the attoney's understanding is incorrect, and we trust him, then we will probabaly waste money and time again. This is my concern. I am really stuck now. Would be so kind if you could share any other options in your mind for me!!!

Thanks-snow

[snowli 0]

I had already replied on the other thread. don't believe the first lawyer that you go to. some lawyers are very good but some are out there to take your money. you are correct when you say that he can't because the marriage was after he was 18 and not before.

unfortunatly when you have your GC he will be 21 or over, so it will take more than 5 years for his priority date. he cannot marry but if he can, she should go to college or university or study something useful when he does come.

Hi Aleful...Appreciate for sharing your comments. Yes i dare not believe what the attorney said,who is suspected for further business from me even if i have spent $1k for my case. But it is such painful period before my lovely son show up in USA for further study or life. Really do not know what i can do now... wait for my GC showup in time in my mailbox? or there is some other option...Thanks--Snow

PS. i currently hold an active visitor visa with AOS pending.

[aleful 1,905]

Hi Aleful...Appreciate for sharing your comments. Yes i dare not believe what the attorney said,who is suspected for further business from me even if i have spent $1k for my case. But it is such painful period before my lovely son show up in USA for further study or life. Really do not know what i can do now... wait for my GC showup in time in my mailbox? or there is some other option...Thanks--Snow

PS. i currently hold an active visitor visa with AOS pending.

then you aren't adjusting through a K1 visa like Darnell said? that possibly would be the only way if your son was a K2 holder. If not then you'll just have to wait until you have your GC to file a petition for him.

the only other option is a student visa, for him to study in the US

[Darnell 8,479]

AOS from tourist visa ? OUCH. OK .

Seriously - what is the NOA-1 date (I-797-C notice of receipt) on the AOS ?? Please review that document, let us know ?

I think your situation is 'out of my purview', actually. I have no direct knowledge of 'how that works'.

However - suggest you contact Marc Ellis directly at his website - he's an immigration atty that specialises in cases for GUZ and HCMC -

look him up at http://www.visajourney.com/forums/user/6473-ellis-island/

look at his website url on the left panel,

then send him an email at his website (not here at VJ )

Explain your situation to him, fully, and ask him if there is any 'hope' to do what you think you want to do . Be prepared to pay for two hours of consult time, as well.

[Darnell 8,479]

hey - any news?