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Follow to join (I-824) or I-130?

Bellevue, WA |

Hi. My son is still in China. I immigrated to the USA 5 years ago but did not bring him because I wanted his early education to be Chinese. I came to the USA on K-1 and have the 10yr green card. My husband (US Citizen) and I now wish my son to come to start his middle school before the end of this year. Should we file I-130 or I-824? It seems I-824, but we are unsure of the "preference category" requirement. Thank you.

P.S. It appears his name may have been left of the G-325A when we did the K-1. This was a mistake a lawyer in China made when helping me to fill out the forms. Will this effect my son's application? thank you

Attorney Answers 4


Ni hao. Your husband would file for your son using the I-130. I understand how you wanted to have your child finish some of his education in China. Many of my K-1 clients feel the same way. Please be aware that there are age issues and timing issues that need to be examined for a successful application. I suggest you speak with an experienced immigration attorney. Best wishes!

(626) 244-7357 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client relationship is established. Attorney Huang is licensed in MD; practice limited to federal law.

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The I130.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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I agree with my colleagues.

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.

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Yes, I agree that at this point, assuming the case meets certain requirements, you want your husband to petition for the children directly as his step-children. It sounds like your biological children were under 18 years old when you married your American citizen husband. If so, then I also recommend you contact an immigration attorney to explain why this is the best way to go, and assist you through it.

This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

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