Filing for a child

[Tosh Love 77]

I am preparing the DS-156 and 230 online with my fiance for him to take to his interview this month and I have a couple of questions. What is the difference between the DS156 and 156K and can my son (adopted by me but his bioligical son) come later this year or does he have to come with my fiance when he gets his visa. My son just turned 21 last month but was under 21 when I applied and I included him on the petition with my fiance's other children. I am confused as whether to check "following later" on the application. They will only come after their secondary or tertiary education is completed.

Thank you in advance.

Edited July 7, 2013 by Tosh Love

[Darnell 8,478]

21 ? for a K-2 ?

check the age-out guidelines about this.

[Tosh Love 77]

21 ? for a K-2 ?

check the age-out guidelines about this.

This is what I found so far.....Basically, CSPA is applicable to many children since it was passed in 2002, as long as the child was under 21 when petition was filed and is still unmarried. It removes the period between priority date and petition approval date (in some cases, as much as 5 years) from current age of eligible child...He is coming in December this year after he finishes his course work and he already turned 21 either way so I am hoping 5 mos will not make that much of a difference in getting him here. Any advice is welcome.

[aaron2020 11,651]

This is what I found so far.....Basically, CSPA is applicable to many children since it was passed in 2002, as long as the child was under 21 when petition was filed and is still unmarried. It removes the period between priority date and petition approval date (in some cases, as much as 5 years) from current age of eligible child...He is coming in December this year after he finishes his course work and he already turned 21 either way so I am hoping 5 mos will not make that much of a difference in getting him here. Any advice is welcome.

CSPA does not apply to non-immigrant visas like the K-2.

A K-2 must enter the US before age 21.

Your stepson is 21, so the US Embassy cannot issue a K-2 to him.

Once your wife gets her green card, she can file for her son. It will take 8 years before he can immigrate.

[Tosh Love 77]

CSPA does not apply to non-immigrant visas like the K-2.

A K-2 must enter the US before age 21.

Your stepson is 21, so the US Embassy cannot issue a K-2 to him.

Once your wife gets her green card, she can file for her son. It will take 8 years before he can immigrate.

Now I am really confused because I put his name on the application stating that he was coming with his Dad, my fiance and no RFE or denial was sent back. I adopted him last year and have the birth certificate. BTW I am the petitioner and a female sorry for the confusion on my part.

[Darnell 8,478]

one of my buddies has yer exact issue, and has been tracking this stuff for a coupla years.

see

http://www.chinafamilyvisa.com/forum/index.php?showtopic=3455

http://www.chinafamilyvisa.com/forum/index.php?showtopic=3455

http://www.chinafamilyvisa.com/forum/index.php?showtopic=3455

[Tosh Love 77]

Thanks Darnell! I guess I have some homework to do tonite.

[Darnell 8,478]

hey - i say give it a whirl, get the k-2 visa paperwork done asap, pay the fees, get the interview done and see what happens later.

[Tosh Love 77]

Thanks Darnell. I will do just that.

[aaron2020 11,651]

hey - i say give it a whirl, get the k-2 visa paperwork done asap, pay the fees, get the interview done and see what happens later.

Even if the 21 years old gets a K-2 visa, he will not be able to adjust because he was over 21 when he entered. This would leave him out of status.

I am not trying to bring the OP down, but the reality is that a 21 years old does not qualify for a K-2 because he cannot adjust his status because he will not be under 21 when he enters the US.

[Darnell 8,478]

ya, that's what all the BIA stuff was about in the link I provided. It's changed, morphed, over the last 2 years.

[NigeriaorBust 4,087]

How old was he when you adopted him ? Under 16 ?

[Tosh Love 77]

No about 2 years ago, 12/2011. He was 19.