[candyfloss7]

I am now living in USA ,recently just being married to fulfill my obligations to the fincee visa ( K1) , I am now going to file the form I -485 to adjust status to permanent resident, I named my son on the form as a child whom I wish to become permanent resident also as he is under 21 , the question I am asking now is what forms do I ,my husband or my son have to complete to enable my son to becoma a permanent resident also ?
It's a little different to maybe other cases wishing to bring a child into the USA as 0ne month after me he actually enteredinto the US on his own separate student visa, of course this will expire on completion of his studies ,
I have named him on my I -485 form , and my husband is filling out the affidavit of support ,but just need to know exactly what forms we need to file as if we get it wrong it can be rejected or mess everything up and we can't afford a lawyer to sort it now and its so confusing , any help welcome. :confused:

[DCcityboy]

Congratulations!

Your spouse needs to complete form I-130, relative petition and the I-864 affidavit of support.

You and your son need to complete the form I-485, application for permanent residence, the I-765 application for employment authorization, I-131, application for travel authorization, and G-325 biographic information sheet.

All of this is filed concurrently with evidence of your entry to the US as a K-1, your birth certificate, marriage certificate, evidence of cohabitation and co-mingling of funds, etc.

Lots of good information on the USCIS website as well as law firm sites.

If this was helpful, rate this answer! Good luck.

[candyfloss7]

I have called the Usics office and the officer there told me that I cannot apply for permanent residence for my son until I myself am approved to take permanent residency, also my husband cannot apply to bring him in as a relative because the father /step child relationship wasn't created before my son was 18 , my question now which I should have asked and didn't when I was on line to Usics is : can my son apply himself for permanent residency as he is in the US only on a student visa ? Or will he have to wait now for my approval to continue? :confused:

[DCcityboy]

Not enough information on your earlier post, how old was your son when you and your husband married?

If he was over 18 at the time you married, then your son does not qualify for his stepfather to apply for his permanent residence.

Your son cannot petition for himself.

If you stay with family-based petitions, you can file for him after you get PR, this creates a "priority date" for him, his place in line for the immigrant visa, but please note that it will be in the preference system and not in the immediate relative category. He will be a second preference 1st subpreference (FB-2A) until he turns 21. When he turns 21, he downgrades to FB-2B as the adult unmarried child of a LPR. The wait times for visas is lengthy, several years, check the DOS visa bulletin for the current priority dates.

In the meantime, if you remain married to your USC husband, you will qualify to apply for citizenship 2 years 9 months from the date you get your conditional PR. Please note, depending on the length of time from your marriage to the 245 interview, you will likely be granted CR. This means you will need to file a removal of conditions (I-751) 1 year 9 months from your PR approval date.

After you become a USC, your sons categrory upgrades from FB-2B (if he remains unmarried) to FB-1 and his priority date will likely be closer to current or may even be current, check the DOS visa bulletin.

caution: if you decide to file the I-130 for him to set a priority date, this evidences intent to immigrate, which will almost completely preclude him getting an F-1 visa to travel, extension with USCIS or reinstatement.

Your case is a relatively straightforward case for an experienced immigration attorney, so I strongly advise you to at least consult with a certified specialist to lay out your immigration strategy (AOS, CR, RC, natz) and for you son (I-130, track downgrade on age-out and upgrade on parent natz, AOS).

If this was helpful, rate this answer! Thanks and good luck.

[candyfloss7]

not enough information on your earlier post, how old was your son when you and your husband married?

if he was over 18 at the time you married, then your son does not qualify for his stepfather to apply for his permanent residence.

your son cannot petition for himself.

if you stay with family-based petitions, you can file for him after you get PR, this creates a "priority date" for him, his place in line for the immigrant visa, but please note that it will be in the preference system and not in the immediate relative category. he will be a second preference 1st subpreference (FB-2A) until he turns 21. when he turns 21, he downgrades to FB-2B as the adult unmarried child of a LPR. the wait times for visas is lengthy, several years, check the DOS visa bulletin for the current priority dates.

in the meantime, if you remain married to your USC husband, you will qualify to apply for citizenship 2 years 9 months from the date you get your conditional PR. please note, depending on the length of time from your marriage to the 245 interview, you will likely be granted CR. this means you will need to file a removal of conditions (I-751) 1 year 9 months from your PR approval date.

after you become a USC, your sons categrory upgrades from FB-2B (if he remains unmarried) to FB-1 and his priority date will likely be closer to current or may even be current, check the DOS visa bulletin.

caution: if you decide to file the I-130 for him to set a priority date, this evidences intent to immigrate, which will almost completely preclude him getting an F-1 visa to travel, extension with USCIS or reinstatement.

your case is a relatively straightforward case for an experienced immigration attorney, so I strongly advise you to at least consult with a certified specialist to lay out your immigration strategy (AOS, CR, RC, natz) and for you son (I-130, track downgrade on age-out and upgrade on parent natz, AOS).

if this was helpful, rate this answer! thanks and good luck.

Thank you for the information, yes I should have given more info in my first post, hopefully now we will manage to sort it and decide which option to go with , my son just turned 18 last Sept so too late for my husband to file as we just married last month.
I think its running a little expensive to have a attorney ,maybe a certified specialist is the answer , thanks again