File for Stepson of USC vs Son of LPR vs await N400

[Noi3125 1]

Thanks in advance for any thoughts/advice/suggestions or prior experience.

Question: any advantages or disadvantages or any differences at between me (USC) filing I-130 on behalf of my step-son (11y) or my husband (LPR) filing for his son? Or waiting for N400 which we will file end of March. Any differences in paperwork? Process? Interviews? Timeframe?

Thanks again. If helpful our background- married in 2008, entered us in 2009 on IR-1. LPR since then, busyness/laziness had kept us from N400. Step son now 11yo we have ask his birth mother since 2008 to allow us to bring him to the US even for short visit. She has custody (didn't think we would regret that concession so much she was reasonable before the papers were signed). Anyway, She FINALLY agreed for a short visit. He is her social security... We are driving back from Bangkok from a failed interview attempt to get a tourist visa. They said that he must apply for an immigrant visa because it is "stronger" (not sure what that means). We really just wanted a tourist visa for a two month visit while school is out for the long break. But will be filing an I-130, I guess. So much for coming this year...

Thanks again!!

[aleful 1,905]

hi

if she won't consent to having him live here with you, then there is no point in filing for him

you can file for him or his father once he is a USC

the process for a child/stepchild of a USC is a year

[Noi3125 1]

She has given us a notarized letter allowing "travel" to the US. I am having a hard time finding what she will have to give us for an I-130. Can someone show me?

Any thoughts on- If that is the case why would they not approve a tourist visa?

Thanks again.

[aleful 1,905]

hi

because he can stay and adjust status, he has a dad here that will become a USC,

he has to show that he doesn't have immigrant intent, and having his dad here is a disadvantage

once he adjust status and given his GC, he automatically becomes a USC, because he will derive citizenship once his dad is a USC

and since he will get his GC before he turns 18, he will also become a USC