Help with F-1 and F-2 Process

[marklk 0]

Hi, I am currently on a B1/B2 visa and I'm staying with my wife here in the US. My wife is a permanent resident here and she filed a I-130 form for petitioning me. My tourist visa extends up to the 23rd of January 2016 and I am applying for a student's visa to hopefully extend my non immigrant status while waiting for the availability of visa so I can adjust my status to a immigrant. I have chosen a community college that I will be attending at and I am on the process of getting my I-20. (school's acceptance form) Classes starts on January 20, 2016 and I'm still hoping that I could get approval before the semester starts.

My question is about our son who is residing in my home country at the moment, I found that adjusting to a F-1 visa status can help me bring a dependent (my son) with proof that I can financially support him. So basically my plan is to apply a F-2 visa so that he can travel here. Now my question is if my wife can file a petition for him (I-130) while being on a F2 visa category?

Our immigration consultant said that filing a I-130 can go parallel with applying to a F-1/student's visa.

He is 10 months old by the way and if he acquires F-2 visa, my mother with a tourist visa will be accompanying him to get here.

I would appreciate any feedback or helpful comments! Thank you and have a nice day!

Edited October 19, 2015 by marklk

[Pitaya 2,577]

Welcome to the forum.

[marklk 0]

Thank you for your greetings Pitaya!

[cristina16 81]

Your wife can petition your minor son and should be filed with your I-130. NO need for you to petition him after your AOS. F2A are for spouses and minor children of LPR. Your wife can petition you and of course your son. Did you include your son in your I-130 form?

Edited October 19, 2015 by cristina16

[marklk 0]

Your wife can petition your minor son and should be filed with your I-130. NO need for you to petition him after your AOS. F2A are for spouses and minor children of LPR. Your wife can petition you and of course your son. Did you include your son in your I-130 form?

Hi Cristina,

Thank you for your help. My wife's petition was filed just this month making it a 2-21/2 year wait until my priority date. The reason I'm applying my son for the F-2 visa category is for him to get here immediately, petitioning him with a I-130 will take about 2 years and that is way too long for my and my wife not to see our child grow. And just to clarify my wife is a permanent resident so petition process for spouse and children under 21 is filed separately.