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

Asked over 1 year ago - 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.

Additional information

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)

  1. Theodore Su-Tsoh Huang

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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... more
  2. Barbara A Marcouiller

    Pro

    Contributor Level 15

    Answered . 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.... more
  3. Samuel Patrick Ouya Maina

    Contributor Level 19

    1

    Lawyer agrees

    Answered . The I130.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  4. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with my colleagues.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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