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再次谢谢8老师前面的回答。现在又有新的问题。

重新介绍一下背景啊。

朋友和配偶及小儿子都是中国公民，现居住在国内，大儿子在美国，美国公民。大儿子11月份给父亲办绿卡。计划明年朋友拿到绿卡后，准备把小儿子接过来上初中。 几个问题：

1 朋友拿到绿卡后，马上把配偶和小儿子通过B签证接到美国，然后在美国境内给他们交130，可行吗？

-Somewhat confusing. Do you mean yoru firend's wife is not his elder son's biological mother? Of course, your friend can sponsor his wife and his younger son's green card after he gets the green card, but the problem is that if his wife and son enter US using B-2 visa, then it is very difficult for them to stay in US legally until they get the green card because they need to wait for the priority date becomes current to file I-485 in US.

2 配偶和小儿子的485 是有排期的吧？

-Yes if the I-130 is filed by your friend.

3 那么在130 pending 期间和没有交485 之前，小儿子可以合法入学吗？

-No unless the child has F-1 status (either apply for the F-1 visa to enter US or change B-2 status to F- within US).

4 130 pending 期间，配偶和小儿子还是B身份吧？

-Yes, but B-2 status noramlly on has 6-month period of time.

5 如果在交485前，B签证到期了，还能延B签证吗？

-It is very difficult because the I-130 filing (immigrant intent). Even if the B-2 extension is approved, it only can be extended for another 6 months maxum.

如果不能，有什么办法保持合法身份吗？

-The child may apply for F-1 status before I-130 filing, but the wife is difficult. Of course, if your friend and his wife marriage occurred before his elder son turned 18 years old, the his elder son can sponsor his wife (the elder son's stepmother) green card as he does for his father (your friend), thus there is not 排期. The child has no choice and has to get the F-1 to study in US before I-485 filing.

多谢8老师解答。

 

所有跟帖： 

• 非常感谢8老师的回答。再问： -稀里糊涂麻麻糊糊- ♀ (505 bytes) () 06/29/2016 postreply 08:06:01

• Reply -863211- ♂ (828 bytes) () 06/29/2016 postreply 12:02:33

• 多谢8老师 -稀里糊涂麻麻糊糊- ♀ (0 bytes) () 06/29/2016 postreply 20:13:37