Asked 4 months ago - Tampa, FL
FlagI'm a USC and my wife is a Chinese national that just got her green card this past November.She had just travel back to China two weeks ago(January 2013) to try and bring her son (my stepson) over. Her son is 13 yrs. old. I file a I-130 petition on his behalf back in December of 2012. USCIS send me a notification letter acknowledging receipt of my petition on the 10th of December and are currently reviewing his application. My wife is there waiting with my stepson in China for "news" from the American consulate in Guangzhou. We have no idea how long the wait is gonna be and weather I should file a K-4 visa for him so that he and my wife can come back here immediately. Please advise!
You cannot file for a K-4 visa for your step-son since a K-4 can only be issued as a derivative to a K-3 visa and since your wife is not a permanent resident, she is ineligible for K-3 status. You are probably looking at the better part of a year before the child will be issued an immigrant visa since your I-130 has to be approved. An unfortunate situation that could have been avoided by being represented by experienced immigration counsel.
The best thing you can do at this time is to retain an experienced immigration attorney who can make sure that the remainder of the case is handled properly to as to minimize any further delays.
I don't believe filing a K-4 will speed things up for you. When you file an I-130, it takes USCIS a few months to make a decision. Only after their decision will his file be transferred to the National Visa Center in New Hapshire to gather all documents in anticipation of his interview at the Consulate in China. The whole process could take a year or more. Your wife should either return to the US and go back to China only once his interview is scheduled, or be ready to remain there for some time until the whole process goes through.
Your son will have to wait until the I130 that you filed for him is approved and sent for visa issuance at the consulate in Guangzhou. Since your wife is a permanent resident she should make sure not to stay out of the US for more than 180 days at a time without a reentry permit, or she risks being charged with abandoning her residency.
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