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I am a US citizen newly married. Husband is an illegal immigrant (overstayed visa). We want to bring his son from S. Korea.

Chicago, IL |

My husband came to the US on a student visa, which expired at the end of last yr. He overstayed his visa 6 months, and now we're married. We are in the process of submitting Forms I-130 and I-485 for my husband, and are wondering how best to handle sponsorship for his son, who is 12 yrs of age. We see 3 possibilities: (1) Do we first wait until my husband successfully obtains his temporary green card (thus removing his illegal status) and then apply for his son's immigration/residency? (2) Can we proceed and submit a Form I-130 petition for his son now? If I do this, how long before his son can come to the U.S? (3) Could we have his son fly here on a tourist Visa, not send him back to S. Korea, and instead apply for his residency while he's here living with us?

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Attorney answers 3


You should file his I-130 now. He will process at the US Embassy/Consulate abroad after the I-130 is approved and the required fees and affidavit of support are filed with the National Visa Center. Approximate processing time will be six to nine months.

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, 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.


You can proceed now. However, consular processing is different and you may not understand what your husband must do to complete the process of seeking permanent resident and removing the condition upon him and your step son.

There may also be other responsibilities that are not understood. You should discuss the situation with an experienced immigration attorney to avoid complications

The above is general information, not legal advice, and does not create an attorney client relationship. For more information, call our office at 312-588-0500.


You may file an I-130 for your husband's son. He is your stepson and he may obtain permanent residence in the US through you. It is hard to say how long the process will take, but one thing for sure these days is that the govt tries to get these processes going faster.

Your stepson may be able to adjust status if he is in the US at the time his relative petition is approved. Unless he has visa in hand already, you may find that it may be simpler to petition for him, then have him go to the U.S. consulate to apply for an immigrant visa.

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