再次謝謝8老師前麵的回答。現在又有新的問題。
重新介紹一下背景啊。
朋友和配偶及小兒子都是中國公民，現居住在國內，大兒子在美國，美國公民。大兒子11月份給父親辦綠卡。計劃明年朋友拿到綠卡後，準備把小兒子接過來上初中。 幾個問題：
1 朋友拿到綠卡後，馬上把配偶和小兒子通過B簽證接到美國，然後在美國境內給他們交130，可行嗎？
-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 配偶和小兒子的485 是有排期的吧？
-Yes if the I-130 is filed by your friend.
3 那麽在130 pending 期間和沒有交485 之前，小兒子可以合法入學嗎？
-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 期間，配偶和小兒子還是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簽證到期了，還能延B簽證嗎？
-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，有什麽辦法保持合法身份嗎？
-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.
多謝8老師解答。
