B2 holder got married USC, 13yr old child still abroad

M

moishap

New Member
Hello folks,

Being a B2 visitor, I just got married to a US Citizen.
Incidentally it appears that we happened to observe the 30/60/90 days rule, my VISA and I-94 are both still valid for few month, so all seems to be in our favor. Considering above, my husband insist I stay in US and he files the I-130 for me, I-130 for my 13 yrs old son (who is abroad with my parents), together with me filing I-485.

What is the quickest and cheapest (fees-wise) way to adjust the status and bring to live with us my 13 yrs old son, who already has B2 valid for next 2 years ? The I-485 instructions a bit confusing in this regards. Would I have to file a K-2 for my son ? Or would that be a I-824 ?

Thank you in advance !
 
Your son is abroad, so there's no I-485 to be filed for him. No K-2 or I-824 either for his situation.

Your husband would file I-130 to initiate the process, then near the end of the process he'll need a DS-230 (or DS-260 if the consulate accepts it) to be filed with the US consulate in the country where he lives.
 
Just I-130 ? It is actually easier than we thought :-) Thank you, Jackolantern !

Jackolantern said:
Your son is abroad, so [...] Your husband would file I-130 to initiate the process, then near the end of the process he'll need a DS-230 (or DS-260 if the consulate accepts it) to be filed with the US consulate in the country where he lives.
Click to expand...
 
moishap said:
Just I-130 ? It is actually easier than we thought :-) Thank you, Jackolantern !
Click to expand...

Jackolantern means just I-130 for the child (and then more stuff later). For you, you guys still need to file (separately) I-130, I-485, etc. forms.
 
Of course. I-130 and I-485 for me and I-130 for my son filled at the same time.
When I said "just I-130" I was talking about papers for my son, as we were under impression that there will be more than just I-130 required for him.
Thank you !
newacct said:
Jackolantern means just I-130 for the child (and then more stuff later). For you, you guys still need to file (separately) I-130, I-485, etc. forms.
Click to expand...
 
I-130/485 for you and I-130 for your son. Currently I-130 filed by USC for spouse and unmarried child is backlogged by 8-11 months.
 
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