I'm an American citizen and my wife was granted her LPR two days ago. When I file a I-129F petition on her behalf last year, I also included her young son(13yrs) as the beneficiary(K2). When she attended her interview and was granted her fiancee visa in Sept. Of last year, the interviewing officer ask my wife if her young son was able to join her in the US within a year of her arrival date and my wife said yes. Last night when I email the Consulate General to inquire about procedures to apply for her son's visa, I was told that the period for issuance of K-2 visa was within 1 year of my wife being granted her fiancee visa and not 1 year from the date of her arrival. My question is, will it be better off if we bring him over on a non-migrant visa and file the I-130 and I-485 in the US?
One cannot enter the US on a B-2 visa for the purpose of adjusting status.
You really need to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I agree with Attorney Ferrari in that you cannot and should not even be thinking about using a B-2 for the express purpose of facilitating adjustment of status in the United States. The K-1/2 visa process can be frustrating. I wonder whether you've considered just filing an I-130 for your step-son now that you're married and once that's approved just having him go to the consulate abroad to obtain an immigrant visa as directed by the NVC? Feel free to contact me about this if you have additional questions.
I agree with the other contributors. File an I-130 now.