140 Approved, Son is in China, Should I apply I-485 or not?

L

Lotus

Registered Users (C)
140 is approved on oct 15th. I am planning to apply 485. but problem:
son is in China, and he can\'t come to US now. what is the best way to apply for GC? How long it will take, if I go ahead apply 485 alone, and apply for him later by himself?
 
Suggestion

I don\'t think that is a good idea. I have heard some cases where the primary is AOS and derivatives can apply on CP. Try consulting a lawyer, decide and apply
 
CP

Go for consular processing(CP). That way you can get your GC in 3 months. Only problem you have to go to china after 3 months. May be bring back your child at that time. Just a suggestion.. Good luck
 
The best way is to bring your son here and file AOS together

Xiaoyun,

You sure can try the alternatives: (1) you do AOS and your son do CP at the same time; or (2) you both do CP. Your situation is a little complicated. CP has the risk of being denied (you cannot appeal). CP takes about 9 months which is a little faster than AOS.

Please also carefully prepare the followings:
(1) For CP, a notarized copy of I-140 documents is required;
(2) For either AOS or CP, good financial standing is required (You need to submit affidavit of support with CP or AOS and may be asked for tax returns and pay stubs).
(3) For either AOS or CP, you might be asked for evidence that you do intend to work in your specialty as stated in immigration petition (I-140);

AOS is for sure safer for you. It\'s PREFERABLE that you maintain valid non-immigration status even if you do AOS. Hope for the best but be prepared for the worst.
 
Further Qs on AOS/CP--Thanks!! I definitly want to play safer way, I have been through SO MUCH to ge

Dear Lesspain, I need your further suggestion--
my problems: 1. I am in school now (J-1, will exprie on April 1, 2002) I can\'t go back to home-country freely due to many complicated reasons. 2. Travel difficulties: My son is in my home town, nobody from my family lives in Guangzhou (the place for immi visa, I guess CP interview will be there too. all my family members can\'t make the trip for the interview(ill or busy). 3. I can\'t afford to bring my son to US for permanent residence for now.
Qs: 1) Can I just go ahead apply for I-485 as AOS, and do his AOS later (if he apply CP, no one take him to Guangzhou)? How much more troubles this way would be? I don\'t care if his GC approves few years later, as long as he can come to US for short period of visit during the time he is waiting for his GC approval. 2) I may be marrying a US citizen soon, will our marriage or adoption from his step-father will smooth this issue a little?
3) What kind of evidence needed for "intend to work in my specialty"?
I appreciate your attention and your help!!!
 
You don\'t care if your son\'s GC gets delayed for several years,

then you can go ahead with the AOS for you and CP for your child option. After all you have the backup of applying for family based GC. (I assume your spouse, not his/her parents, has good financial standing.)

Good luck!
 
If failed on CP, can my son still come to US with a visiting visa?

My future spouse is a poor student who is having a loan to complete his study. Will this be considered as an good standing?
Can my son just come to visit me periodically before his GC comes?
If so, I will try do CP for him, even he failed at interview, he still can come to visit with a visiting visa, am I right?
I appreciate your help! Good luck to you too.
 
Very imformative article!

Thanks!Marta,this article is what I just needed. I will study on this thoroughly and make a wise decision.
Good luck to you too!
 
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