Son over 21 - any options or ....

[motu 5]

A friend of my wife´s from Colombia who has a 22 year old son, met someone who is planning to file a K1 for her. So, I was trrying to find out what options if any he (the son) has.

The way I understood the guides - Both the K2 and K4s are not for kids over 21. Which then would mean that once she comes here, gets married and gets her green card (see it can all be done in one sentence ); she can then file for him as a green card holder (Permanent resident) under prefrence B - with a current wait time of 6 years! Or she can wait for 3 more years, file for citizenship and then petition for him and he would be eligible for immediate visa.

Am I reading this correctly or is there something else that can be done. Oh yes, he is not here in USA and so the scenario is pretty tough for the son in my opinion. Can any one confirm my understanding or let me know otherwise? Thanks all

Edited July 2, 2006 by motu

[Gomez 3]

If applying for a K2 the child MUST be under 21 and MUST be noted on the original I129f

[Yodrak 7]

Gomez,

Not necessarily, although they should be listed whether planning to immigrate or not.

Yodrak

If applying for a K2 the child ... MUST be noted on the original I129f

[jula 0]

.. Which then would mean that once she comes here, gets married and gets her green card (see it can all be done in one sentence ); she can then file for him as a green card holder (Permanent resident) under prefrence B - with a current wait time of 6 years! Or she can wait for 3 more years, file for citizenship and then petition for him and he would be eligible for immediate visa.

Am I reading this correctly ...?

Yes - she can petition son as PR, but waiting times, at the moment, for F2B are 10 years, Mexico 15. Where did you get 6 years?

Yes / No - she can also wait and petition (or even better petition as PR and upgrade) as USC, but that wouldn't mean immediate visa. Son would be in the category F1, meaning 6 years wait, or Mexico 14y, Phillippines 15y.

[motu 5]

Yes - she can petition son as PR, but waiting times, at the moment, for F2B are 10 years, Mexico 15. Where did you get 6 years?

Yes / No - she can also wait and petition (or even better petition as PR and upgrade) as USC, but that wouldn't mean immediate visa. Son would be in the category F1, meaning 6 years wait, or Mexico 14y, Phillippines 15y.

Thanks jula:

I went to the USCIS website and saw one of the lists - I am in Colombia with a slow dialup coinnection so I might/must have looked up the incorrect list. In any case I can let him know that the wait is in 6 to 10 years range and she can file for him as a LPR and then change it later on, but my gut feeling is that the son is really out of luck.

[Jaylen Brit 0]

I hate to say it motu but that was my first thought when I saw the age of the son - kinda harsh. Is there any possibility he could apply for a student visa (he'd have to enrol and pay at a US college obviously) - its not an immigrant visa but he might be able to see his mom at least..

Other than that - she needs to get some legal advice about the options (for example I don't know if its possible for him to get a student visa WHILE his mother is petitioning for him even though it may take 10 years..)

[yogib37 3]

Ok here is the scoope..

he is aged out. I suggest if he has a father also coming to the USA to also petition him. Cause durning that time him mother is in the USA, and green card/ USC and she passes away, his petition dies along with it.

I think the processin date for over 21 childern is 1982 or so, I am not sure about that.

If she becomes a USC his petition jumps higher up but still a long wait.

[motu 5]

Thanks to all the replies - a student visa is really not that feasible - he has to learn bunch of English first and then he may or may not have the financial resources (I don´t know about the desire to study either!) I will pass it on to the people when I talk to them next. Again, Thanks for the inputs.

[jenart 0]

I believe the parent has to have held a GC for 5 years before they can naturalize. The quickest way to bring her son would be for him to find a job - providing he has good qualifications ie the equivalent of a degree.

[motu 5]

No jen

The mother can apply for citizenship after 3 years as long as she is married to the USC. Only a single parent has to wait for 5 years but then they would be getting the LPR through anopther means - not K1 etc.

My wife´s friend will be coming here on a K1 and so should have the green card in 6 to 8 months and then the citizenship etc. after 3 years plus.

Good Luck

[bobo 2]

.. Which then would mean that once she comes here, gets married and gets her green card (see it can all be done in one sentence ); she can then file for him as a green card holder (Permanent resident) under prefrence B - with a current wait time of 6 years! Or she can wait for 3 more years, file for citizenship and then petition for him and he would be eligible for immediate visa.

Am I reading this correctly ...?

Yes - she can petition son as PR, but waiting times, at the moment, for F2B are 10 years, Mexico 15. Where did you get 6 years?

Yes / No - she can also wait and petition (or even better petition as PR and upgrade) as USC, but that wouldn't mean immediate visa. Son would be in the category F1, meaning 6 years wait, or Mexico 14y, Phillippines 15y.

Could you please indicate where on the USCIS website you found those waiting times?

I have a friend from Romania, he just arrived in US after he won the lottery visa and he was granted immediately the permanent resident status. He wants to bring his 23 years old daughter from Romania.

He will petition her at Vermont and at this Service Center they currently process I-130 applications received on February 12, 2006.

Thank you!

[pj1959us 0]

Could you please indicate where on the USCIS website you found those waiting times?

I have a friend from Romania, he just arrived in US after he won the lottery visa and he was granted immediately the permanent resident status. He wants to bring his 23 years old daughter from Romania.

He will petition her at Vermont and at this Service Center they currently process I-130 applications received on February 12, 2006.

Thank you!

http://travel.state.gov/visa/frvi/bulletin...letin_2084.html

FAMILY-SPONSORED PREFERENCES:

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

If I'm reading the chart on the link above correctly, it appears the processing date for F2B is currently 22 Aug 95 (excluding Mexico) for PRs. Unless the I-130 applications at Vermont specify that they are processing F2Bs on 2-12-06, that date wouldn't be applicable in this situation.

[jula 0]

Could you please indicate where on the USCIS website you found those waiting times?

I have a friend from Romania, he just arrived in US after he won the lottery visa and he was granted immediately the permanent resident status. He wants to bring his 23 years old daughter from Romania.

He will petition her at Vermont and at this Service Center they currently process I-130 applications received on February 12, 2006.

Thank you!

http://travel.state.gov/visa/frvi/bulletin...letin_2084.html

FAMILY-SPONSORED PREFERENCES:

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

If I'm reading the chart on the link above correctly, it appears the processing date for F2B is currently 22 Aug 95 (excluding Mexico) for PRs. Unless the I-130 applications at Vermont specify that they are processing F2Bs on 2-12-06, that date wouldn't be applicable in this situation.

How long it takes to have I-130 approved and how long it takes for a visa number to become available are two different things. If the beneficiary is not considered immediate relative for immigration purposes (is not child, spouse or parent of USC), he/she has to wait for a visa number. Since there are many more applications than number of visas that can per law be issued each year, there is a long waiting line.

I-130 could be approved in a few months or X years, but the beneficiary still has to wait for a priority date PD (date of filling I-130) to become current (showed in the Visa Bulletin uder that category), before he/she can start the second part (AOS or consular processing). NVC contacts petitioner a few months before PD becomes current.

At the link provided above, you can check what "priority dates" are current at the moment, or when I-130 was filed for the people who are getting their visas now.

If something is unclear, let me know.

Edited July 14, 2006 by jula