Child of Chinese spouse is 19 years old

[seanpc 0]

Greetings,

Trying to determine the best way to bring a Chinese spouse and 19 year old child to the US. I've been advised that things will probably go more smoothly if we flle for the spouse first and worry about the child once the spouse is in the US. However, given the likely time line to attain the spouse visa, I'm worried about the child's age (approaching 21). Seems to me that we should file for the spouse and child at the same time... but I'm new to this process and still have much to learn. Any thoughts?

Notes:

-We got married just after the child turned 18

-The spouse is from Fujian

Thx for the assistance!

[NigeriaorBust 4,087]

Because of the child's age when you married you can't file anything for the child, only the parent can .The first visa will take about a year and so may the second one, The child may age out but there is little to be done at this point. The longer you delay the more you chance the child aging out.

[Hypnos 6,578]

At this point the aging-out of the child is a near-certainty. It will be approximately six years after filing before they will be able to legally immigrate to the US through their (then LPR) parent.

Edited December 31, 2014 by Hypnos

[seanpc 0]

Can we elaborate on "age out"? Does the child only need to be below 21 at the time the paperwork is filed... or... does the child need to be below 21 when steppng foot in the US?

[NigeriaorBust 4,087]

If a USC files for a child the age is frozen at filing but an LPR's child doesn't lock in, so your real hope is CPSA which means that the child age for immigration purposes means the actual age minus ( the day between petition acceptance and petition approval )

[seanpc 0]

If a USC files for a child the age is frozen at filing but an LPR's child doesn't lock in, so your real hope is CPSA which means that the child age for immigration purposes means the actual age minus ( the day between petition acceptance and petition approval )

Thanks for the information. Sorry, I'm not familiar with these: USC; LPR: CPSA?

[NigeriaorBust 4,087]

http://www.visajourney.com/content/us-immigration-abbreviations That is a good place to start on the shorthand language of immigration Sorry about the cpsa it should have been CSPA ( Child Status Protection Act ) which is legislation meant to help a child not age out due to the slowness of some immigration processes

[Boiler 46,144]

The child will be at least 20 by the time his mother gets here, might even be 21.