ming zhang
Registered Users (C)
Hi all,
I used F-1 visa to file I-140 (NIW EB2) and got approved. In April of 2002, I filed I-485 and my status was immediately switched to "I-485 pending", no longer F-1. I work in the past two years using my EAD card and keep this "I-485 pending status" till now.
My I-485 (Texas center) will be completed in several months. However, my son (7 years old) is now in China and I want to bring him here as soon as possible.
I do not want to do the general "follow-to-join" procedure for my son to immigrate here because this will take around 2 years (i.e. my I-485 approved, file I-824, wait for 1 to 2 years, my son go to consulate abroad for interview...).
Now my plan is to keep my “I-485 pending status only”.
I will let my son apply for B2 visa in China. Since my wife whose status is also “I-485 pending only” (switched from F2 in April of 2002 as my spouse) is now in China with Advance Patrol, she can bring my son here. After my son arrives here (hopefully my I-485 has not been processed), immediately let him file I-485. Then my son can stay here with me until his I-485 is approved.
However, my question now is: Can my son file I-485 application (as my family member) while on B2 visa?
Since B2 visa is not intended for immigration, will INS reject my son’s I-485 applicaiton? Or although they receive my son’s I-485 application and give him a receipt notice, INS will not approve it finally. In this way, my son will still have to go back to China to do the “follow-to-join” pathway. Am I right?
Please help with your opinions!!! Thank you very much!!!
I used F-1 visa to file I-140 (NIW EB2) and got approved. In April of 2002, I filed I-485 and my status was immediately switched to "I-485 pending", no longer F-1. I work in the past two years using my EAD card and keep this "I-485 pending status" till now.
My I-485 (Texas center) will be completed in several months. However, my son (7 years old) is now in China and I want to bring him here as soon as possible.
I do not want to do the general "follow-to-join" procedure for my son to immigrate here because this will take around 2 years (i.e. my I-485 approved, file I-824, wait for 1 to 2 years, my son go to consulate abroad for interview...).
Now my plan is to keep my “I-485 pending status only”.
I will let my son apply for B2 visa in China. Since my wife whose status is also “I-485 pending only” (switched from F2 in April of 2002 as my spouse) is now in China with Advance Patrol, she can bring my son here. After my son arrives here (hopefully my I-485 has not been processed), immediately let him file I-485. Then my son can stay here with me until his I-485 is approved.
However, my question now is: Can my son file I-485 application (as my family member) while on B2 visa?
Since B2 visa is not intended for immigration, will INS reject my son’s I-485 applicaiton? Or although they receive my son’s I-485 application and give him a receipt notice, INS will not approve it finally. In this way, my son will still have to go back to China to do the “follow-to-join” pathway. Am I right?
Please help with your opinions!!! Thank you very much!!!