PR Father married to USC petition for unmarried minor son ??

[ctygl 0]

I'm helping a friend that just received his PR about a month ago. He has been married to a USC for a while. He has a son that just turned 19 and is going to petition for him. Country is Mexico. We are getting ready to submit the I-130 and I was just reading that it may be possible and faster for his USC wife to petition as the step mother. USC Step mother petitioning for unmarried stepson is a better option? I know they were married before he turned 18. Does this fall under family-sponsored preferences or is this like a US citizen petitioning for father/mother and there isn't any wait for visa? I know the instructions say they need to submit marriage/divorce licenses for all marriages, any thing else? Is there anything I need to be aware of?

[Jojo92122 1,924]

Since dad married his USC spouse before the son's 18th birthday, the USC stepparent can petition for the son.

If the USC petitions before the son's 21st birthday, it would be an Immediate Relative case. It would take about a year to get a visa and his age for immigration purposes will freeze when the USC files the I-130.

If the LPR father petitions for his son, it would be an F2a case which takes about 2 years. However, if the son turns 21, it could move the case to the F2b category where the wait is 10 years.

You can read the Guides on this website to learn more about this.

[aleful 1,905]

hi

if his son is Mexican, and he turns 21 if your friend files for him, the wait would be over 20 years not over 6

so his wife should file for his son and the wait is a year. she can because he was married before he was 18