How do I bring Stepson to US.?

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Old Apr 22nd 2003, 3:00 am
  #1  
Laougong
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Default How do I bring Stepson to US.?

I married a lovely Chinese woman from Guangzhou on Dec. 25, 2002. Our
first NOA was on March 5th. We decided to leave our 17 year old
Son,(my stepson) finish high school in China and then go to a
university here in Pennsylvania later.

On the I-130 his name was not put on it. Now,after talking to some
others,we think it might be a good idea to bring him here and let him
finish school in the US.

How could I add him to the original I-130.?
Can I file a K-3 and put him on it.?

We really need help in this matter.
Thank you in advance.
LaouGong Larry
 
Old Apr 22nd 2003, 3:46 am
  #2  
Howling at the Moon
 
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If you wish to file an I-130 for him I believe that every immediate relative has to have their own I-130 filed for them. If your wife has already immigrated to the US then she is not eligible for a K-3 so therefore your stepson would not be eligible for the derivative K-4.
As the marriage creating the step relationship was before your stepson's 18th birthday you should be able to file an I-130 for him though

If your wife is still in China and you have not filed an I-129F for a K-3 for her, you can file for her with your stepson also named and your stepson would receive a derivative visa to travel with her once her visa was approved.

I'd have to check the I-130 form but if it asks if the beneficiary has any dependants these should have been named whether or not they were ever intending to reside in the US or not.

Last edited by lairdside; Apr 23rd 2003 at 9:50 am.
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Old Apr 22nd 2003, 7:57 am
  #3  
Mrtravel
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Laougong wrote:
    > I married a lovely Chinese woman from Guangzhou on Dec. 25, 2002. Our
    > first NOA was on March 5th. We decided to leave our 17 year old
    > Son,(my stepson) finish high school in China and then go to a
    > university here in Pennsylvania later.
    >
    > On the I-130 his name was not put on it. Now,after talking to some
    > others,we think it might be a good idea to bring him here and let him
    > finish school in the US.

He would need his own I-130 filed.
But, since he his under 21 and you married your wife before he turned
18, it should be approved.

    >
    > How could I add him to the original I-130.?
    > Can I file a K-3 and put him on it.?

If you wife gets a K-3, he could get a K-4.

Did you file I-129F for your wife to get a K-3?
 
Old Apr 23rd 2003, 2:59 am
  #4  
Laougong
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Default Re: How do I bring Stepson to US.?

lairdside wrote in message news:...
    > If you wish to file an I-130 for him I believe that every immediate
    > relative has to have their own I-130 filed for them. If your wife has
    > already immigrated to the US then she is not eligible for a K-3 so
    > therefore your stepson would not be eligible for the derivate K-4.
    > As the marriage creating the step relationship was before your
    > stepson's 18th birthday you should be able to file an I-130 for
    > him though
    >
    > If your wife is still in China and you have not filed an I-129F for a
    > K-3 for her, you can file for her with your stepson also named and your
    > stepson would receive a derivative visa to travel with her once her visa
    > was approved.
    >
    > I'd have to check the I-130 form but if it asks if the beneficiary has
    > any dependants these should have been named whether or not they were
    > ever intending to reside in the US or not.


He is on the original I-130 as her dependent.
So, I can file a seperate I-130 for him. We were going to go for the CR-1.
I think it might be better to do the K-3 and then add him to it.
Thanks for the info.
Larry
 
Old Apr 23rd 2003, 3:05 am
  #5  
Laougong
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mrtravel wrote in message news:...
    > Laougong wrote:
    > > I married a lovely Chinese woman from Guangzhou on Dec. 25, 2002. Our
    > > first NOA was on March 5th. We decided to leave our 17 year old
    > > Son,(my stepson) finish high school in China and then go to a
    > > university here in Pennsylvania later.
    > >
    > > On the I-130 his name was not put on it. Now,after talking to some
    > > others,we think it might be a good idea to bring him here and let him
    > > finish school in the US.
    >
    > He would need his own I-130 filed.
    > But, since he his under 21 and you married your wife before he turned
    > 18, it should be approved.
    >
    > >
    > > How could I add him to the original I-130.?
    > > Can I file a K-3 and put him on it.?
    >
    > If you wife gets a K-3, he could get a K-4.
    >
    > Did you file I-129F for your wife to get a K-3?

I didn't file the I-129f for the K-3. We were going to do the Cr-1.
After reading the info,I think file the I-130 for him and do the K-3
and add him to it.

Thanks for the help.
Larry
 
Old Apr 23rd 2003, 9:51 am
  #6  
Howling at the Moon
 
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Best of Luck !
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Old Apr 23rd 2003, 11:53 pm
  #7  
Shawn Johnson
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Default Re: How do I bring Stepson to US.?

Larry,

Sounds like you got an excellent Christmas present!

Just a thought but it might be easier just to have him come over on a
student ( J ) visa. If I remember correctly there is something about
the age of 18 and K-3/4 status that complicates the issue a bit.
However, not sure how that works with the in-state/resident tuition
though.

SJ

On 21 Apr 2003 20:00:51 -0700, [email protected] (Laougong) wrote:

    >I married a lovely Chinese woman from Guangzhou on Dec. 25, 2002. Our
    >first NOA was on March 5th. We decided to leave our 17 year old
    >Son,(my stepson) finish high school in China and then go to a
    >university here in Pennsylvania later.
    >On the I-130 his name was not put on it. Now,after talking to some
    >others,we think it might be a good idea to bring him here and let him
    >finish school in the US.
    >How could I add him to the original I-130.?
    >Can I file a K-3 and put him on it.?
    >We really need help in this matter.
    >Thank you in advance.
    >LaouGong Larry
 
Old Apr 24th 2003, 1:03 am
  #8  
Howling at the Moon
 
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Default Re: How do I bring Stepson to US.?

Originally posted by Shawn Johnson
Larry,

Sounds like you got an excellent Christmas present!

Just a thought but it might be easier just to have him come over on a
student ( J ) visa. If I remember correctly there is something about
the age of 18 and K-3/4 status that complicates the issue a bit.
However, not sure how that works with the in-state/resident tuition
though.

SJ
I suspect you are thinking of the fact that someone who is under 21 can be issued a K-4 visa but if the marriage creating the step-child relationship occured after the child reached the age of 18 the petitioner is currently (due a quirk in the law ?) unable to file an I-130 for them (as for this the marriage must have occured before the child reached the age of 18).
Fortunately in Larry's case this does not apply as the marriage creating his relationship to his stepson occured when his stepson was 17.
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Old Apr 26th 2003, 5:04 am
  #9  
Laougong
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Default Re: How do I bring Stepson to US.?

Shawn Johnson wrote in message news:...
    > Larry,
    >
    > Sounds like you got an excellent Christmas present!
    >
    > Just a thought but it might be easier just to have him come over on a
    > student ( J ) visa. If I remember correctly there is something about
    > the age of 18 and K-3/4 status that complicates the issue a bit.
    > However, not sure how that works with the in-state/resident tuition
    > though.
    >
    > SJ

Shawn, thanks for the info.
You are right, I did get an excellent Christmas present. Also,I got
an excellent birthday present.My birthday is on the 23rd. I guess
getting married on Christmas day will make it easy for me to never
forget our Anniversary.

Take care,
Larry
    >
    > On 21 Apr 2003 20:00:51 -0700, [email protected] (Laougong) wrote:
    >
    > >I married a lovely Chinese woman from Guangzhou on Dec. 25, 2002. Our
    > >first NOA was on March 5th. We decided to leave our 17 year old
    > >Son,(my stepson) finish high school in China and then go to a
    > >university here in Pennsylvania later.
    > >
    > >On the I-130 his name was not put on it. Now,after talking to some
    > >others,we think it might be a good idea to bring him here and let him
    > >finish school in the US.
    > >
    > >How could I add him to the original I-130.?
    > >Can I file a K-3 and put him on it.?
    > >
    > >We really need help in this matter.
    > >Thank you in advance.
    > >LaouGong Larry
 
Old Apr 26th 2003, 7:40 am
  #10  
Mrtravel
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Default Re: How do I bring Stepson to US.?

Laougong wrote:
    > Shawn Johnson wrote in message news:...
    >
    >>Larry,
    >>Sounds like you got an excellent Christmas present!
    >>Just a thought but it might be easier just to have him come over on a
    >>student ( J ) visa. If I remember correctly there is something about
    >>the age of 18 and K-3/4 status that complicates the issue a bit.
    >>However, not sure how that works with the in-state/resident tuition
    >>though.
    >>SJ
    >
    >
    > Shawn, thanks for the info.
    > You are right, I did get an excellent Christmas present. Also,I got
    > an excellent birthday present.My birthday is on the 23rd. I guess
    > getting married on Christmas day will make it easy for me to never
    > forget our Anniversary.
    >
    > Take care,
    > Larry

A student visa might be permtited if he could prove he didn't have
immigrant intent. Being from China, with a parent in the US, I don't
think this would be easy.
 

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