Filing for son while overseas.

[ushi 0]

My husband is a permanant citizen. I just got my 10 years permanent residency. When we filed my green card through D>O>R>A we did not have enough money to file for my son. Now we have enough to file for him. We left him back home with my husband's mother. What do we do? Do we bring him on a visitor's visa. Or do we just file through the embassy?

WE JUST WANT TO GET THE PROCCESS STARTED. MAYBE IN A YEAR WHEN OUR MONEY IS STRAIGHT WE CAN BRING HIM ALSO.

[YuAndDan 153]

If you entered the USA on a K-1 or K-3 visa there may be a K-2, K-4 visa on hold at the consulate or embassy for him.

Did you have him on your visa petition.

K-3

If the child is not named on the I-129F petition, will that be a problem?

The K-4 visa will not be denied because the child's name is not listed on the I-129F petition. As long as it can be established that he/she is the minor, unmarried child of the applicant issued a K-3 visa.

http://travel.state.gov/visa/immigrants/ty...3.html#Petition

K-1

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

http://travel.state.gov/visa/immigrants/ty...4.html#Children

A visitors visa is not how you bring a child to the USA.

[Boiler 45,525]

How old was he when you married.