谢谢8老师。 我也这样理解，也看到这个网页。 但另一说法是移民法里stepchild的定义是继父或继母结婚时孩子不满18岁， 这是基本定义，适用于所有移民条款。Following-to-join指的是这样的stepchild， 只不过没有像家庭移民里专门说明。 我认为也有道理。 Zhang & Associates, P.C. 的张律师是这样说的: not qualified to be filed with you as the marriage occurred after his 18th birthday. 问了不少美国的律师， 没有完全肯定的答复。 "immigration fundamentals a guide to law and practice"一书的Family-Sponsored Immigration章节倒是说得清楚，但我没有看到employment-based immigration 章节，改天要去图书馆查。
-There was a case, the child > 18 < 21 got K-2 visa to enter US with his mother who got K-1 visa (fiancée visa). Then, the mother married the US citizen, and filed I-485 with the I-130, and the child also filed I-485 with the mother though the child was > 18 when the mother married the stepfather. Then, USCIS denied the child's I-485 because USCIS thought the marriage occurred after the child turned 18 years.
Then, the child filed a lawsuit against the USCIS for the denial decision on his I-485 case. Finally, the Court supported the child because the judge said the child had the right to do following to join because the child was less than 21 years old. This link is about the case (click to open it):
published opinion - Court of Appeals - 4th Circuit
Your case is similar to this case. You may print the above case out and discuss it to the lawyer. I still insist that your child can file I-485 together with you. I suggest your child to file I-485 after he enters US. If USCIS deny his I-485 later, you can go to the court to do the something as the above case.
我在国内经济比较好， 也在英国工作过， 带孩子英国，日本都去过，但美国人就是不让我们去美国旅游，说什么我和孩子去了美国就不走了， 国内又没牵挂。 还说如果只是孩子去旅游， 孩子赖在美国，然后要母亲探望，因为是未成年人， 他们也不能阻拦。 虽然孩子满18岁了，但这种情况也担心孩子的学生签证被据，不知咋办好。
-You may try to get the H-1 status, thus your child may get the H-4 visa to enter US. Then, apply for the green card later.
-There was a case, the child > 18 < 21 got K-2 visa to enter US with his mother who got K-1 visa (fiancée visa). Then, the mother married the US citizen, and filed I-485 with the I-130, and the child also filed I-485 with the mother though the child was > 18 when the mother married the stepfather. Then, USCIS denied the child's I-485 because USCIS thought the marriage occurred after the child turned 18 years.
Then, the child filed a lawsuit against the USCIS for the denial decision on his I-485 case. Finally, the Court supported the child because the judge said the child had the right to do following to join because the child was less than 21 years old. This link is about the case (click to open it):
published opinion - Court of Appeals - 4th Circuit
Your case is similar to this case. You may print the above case out and discuss it to the lawyer. I still insist that your child can file I-485 together with you. I suggest your child to file I-485 after he enters US. If USCIS deny his I-485 later, you can go to the court to do the something as the above case.
我在国内经济比较好， 也在英国工作过， 带孩子英国，日本都去过，但美国人就是不让我们去美国旅游，说什么我和孩子去了美国就不走了， 国内又没牵挂。 还说如果只是孩子去旅游， 孩子赖在美国，然后要母亲探望，因为是未成年人， 他们也不能阻拦。 虽然孩子满18岁了，但这种情况也担心孩子的学生签证被据，不知咋办好。
-You may try to get the H-1 status, thus your child may get the H-4 visa to enter US. Then, apply for the green card later.
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