Bringing son to US. Need to know what to do...help pls!

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swtblcn23

Registered Users (C)
I'm a GC holder married to a USC. I have a 16-year old son still living in my country of origin. What is the best and quickest way to bring him here in the US? Does my husband need to file 130 & 485? Or should I file follow to join? Also, should I bring my son before he turns 18 or 21?

I appreciate you help!
 
Follow the instruction on I-130 about where to file, after you file, it will take 30-90 days for a approval and the case will then be transferred to NVC which will get in touch with you, instructing you to submit a AOS and DS-230. At that point if all submitted documents are accepted a interview will be scheduled by the NVC in the closest embassy or consulate for a interview where your child is currently living.
All of the above should take about 4-8 months.
 
namecheckvictim said:
...which will get in touch with you, instructing you to submit a AOS and DS-230.
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Just to clarify, the "AOS" here is the Affidavit of Support (I-864), not Adjustment of Status (I-485). There will be no I-485 for this situation, because your son will complete the process outside the US through a consulate, and not through USCIS office in the US.
 
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thank you namecheckvictim & Jackolantern! Couple more questions, do I need to bring him before he turns 18 or 21? When the petition is approved by the consulate, is there a time frame that he should come to the US?
 
Yes please before he turns 21, also please note that after the Interview at the Embassy/Consulate if he is approved he will get a Visa with a 6 Months expiration meaning he will have to enter the US within that time.
 
swtblcn23 said:
thank you namecheckvictim & Jackolantern! Couple more questions, do I need to bring him before he turns 18 or 21?
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Your USC spouse must file for him before he turns 21. As long as the petition is filed before his 21st birthday, it's OK if he turns 21 while it is pending.

When the petition is approved by the consulate, is there a time frame that he should come to the US?
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The consulate doesn't approve the petition. USCIS approves the petition, then the consulate approves and stamps the immigrant visa in his passport after he completes the consular formalities including the interview. Once the immigrant visa is issued, he has 6 months to enter the US.
 
thanks again Jackolantern! Can he come visit if he's not decided yet to live here? Would there be any problem like if USCIS will not approve his visitors visa?
 
It is very unlikely they would approve a tourist visa for him, knowing that he has a parent and stepparent in the US.

If they reject the tourist visa because of immigrant intent, it won't cause a problem for his green card.
 
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