折腾了一周， 公司律师认为不行， 我也查了不少资料，不能确定。
我可能没把情况说清楚。我的情况是: 我孩子现在19岁， 未婚夫的排期到了， 还没办140和485。
公司律师说移民法定义的继子女是
stepchild if the marriage creating the step relationship occurs before the child turns eighteen.
-This is for I-130 filing (the step-parent sponsors the step-child), not your case. In your case, your child files I-485 or apply for immigration visa as your derivative in the same immigration case. I-130 filing means another new case.
我查到的继子女也是这样定义的[ INA § 101(b)(1), 8 U.S.C. § 1101(b)(1)],但都是在亲属移民部分详细解释继子女。 在职业移民部分我只看到如下提到继子女
for your child to be eligible for following-to-join benefits, he or she must:
* Be unmarried and
* Be under 21 years of age and
* Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.)
-In "the marriage must have existed at the time of your admission to the U.S" , here the "admission" means "immigration visa approval" if your spouse applies immigration visa outside US, and it also means "I-485 approval" if your spouse files I-485 within US. So, your child is fine to file I-485 with you if he is in US, or applies for immigration visa in China. You find an experienced immigration lawyer to help you. You also can show the information you cited above to your company lawyer, and tell my comments to him/her and see what he/she thinks.
如果孩子不能Following-to-join，我们就要等孩子的留学签证和入学办妥了才结婚，否则孩子的学生签证可能被据。
-If you worry too much, your child may come to US first (before 21) using F-1 visa, then he can file I-485 later. By the way, your marriage does not affect his F-1 visa application.
如果我孩子能Following-to-join， 你知道法律条款根据或成功案例吗? 谢谢你的帮助!
我可能没把情况说清楚。我的情况是: 我孩子现在19岁， 未婚夫的排期到了， 还没办140和485。
公司律师说移民法定义的继子女是
stepchild if the marriage creating the step relationship occurs before the child turns eighteen.
-This is for I-130 filing (the step-parent sponsors the step-child), not your case. In your case, your child files I-485 or apply for immigration visa as your derivative in the same immigration case. I-130 filing means another new case.
我查到的继子女也是这样定义的[ INA § 101(b)(1), 8 U.S.C. § 1101(b)(1)],但都是在亲属移民部分详细解释继子女。 在职业移民部分我只看到如下提到继子女
for your child to be eligible for following-to-join benefits, he or she must:
* Be unmarried and
* Be under 21 years of age and
* Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.)
-In "the marriage must have existed at the time of your admission to the U.S" , here the "admission" means "immigration visa approval" if your spouse applies immigration visa outside US, and it also means "I-485 approval" if your spouse files I-485 within US. So, your child is fine to file I-485 with you if he is in US, or applies for immigration visa in China. You find an experienced immigration lawyer to help you. You also can show the information you cited above to your company lawyer, and tell my comments to him/her and see what he/she thinks.
如果孩子不能Following-to-join，我们就要等孩子的留学签证和入学办妥了才结婚，否则孩子的学生签证可能被据。
-If you worry too much, your child may come to US first (before 21) using F-1 visa, then he can file I-485 later. By the way, your marriage does not affect his F-1 visa application.
如果我孩子能Following-to-join， 你知道法律条款根据或成功案例吗? 谢谢你的帮助!
选择“Disable on www.wenxuecity.com”
选择“don't run on pages on this domain”
