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.
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!
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.
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