Bringing unmarried 22 years old and 13 years old to the USA

[Nahathai_Ike 0]

A friend of mine who is a Lawful Permanent Resident, has been married to a US citizen husband, would like to bring both of her sons to the USA.

I read the article from the following web: http://www.visajourney.com/forums/index.ph...ration-overview and have some questions.

1. I believe that her US citizen husband will be able to file the I-130 petition directly to his 13 years old stepson. Am I correct? I believe that this should not be any problem and the visa should be available immediately. Please confirm.

2. Her US Citizen husband CANNOT FILE the petition for the unmarried 22 years old stepson. Am I correct? The LPR wife who is the mother has to be the one who files the petition for her son. Since this is a Permanent Resident filing a petition, the wait time should be a lot longer. Is this unmarried 22 years old son falling into the 2nd Preference, "Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one),

and the unmarried sons and daughters of lawful permanent residents" ?

I looked into the timeline for California Service Center. https://egov.uscis.gov/cris/jsps/Processtim...eviceCenter=CSC

Does this mean the case for the 13 years old can be processed quickly but for the unmarried 22 years old will be at least 7-8 years?

I do appreciate your time and response. Thank you.

[NArocks 13]

Yes the USC can petition the 13 year as a step child, the mom can file the petition now for the 22 year old and upgrade when she becomes a citizen. This is the important link as it shows when the visa will become available for the 22 year old if she we to file now. They are working on cases filed in april of 2001 for an lpr and cases from nov 2002 for a citizen

July 2009 Visa Bulletin

[TayRivers 4]

A friend of mine who is a Lawful Permanent Resident, has been married to a US citizen husband, would like to bring both of her sons to the USA.

I read the article from the following web: http://www.visajourney.com/forums/index.ph...ration-overview and have some questions.

1. I believe that her US citizen husband will be able to file the I-130 petition directly to his 13 years old stepson. Am I correct? I believe that this should not be any problem and the visa should be available immediately. Please confirm.

2. Her US Citizen husband CANNOT FILE the petition for the unmarried 22 years old stepson. Am I correct? The LPR wife who is the mother has to be the one who files the petition for her son. Since this is a Permanent Resident filing a petition, the wait time should be a lot longer. Is this unmarried 22 years old son falling into the 2nd Preference, "Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one),

and the unmarried sons and daughters of lawful permanent residents" ?

I looked into the timeline for California Service Center. https://egov.uscis.gov/cris/jsps/Processtim...eviceCenter=CSC

Does this mean the case for the 13 years old can be processed quickly but for the unmarried 22 years old will be at least 7-8 years?

I do appreciate your time and response. Thank you.

You are correct. The USC can file for the 13 year old child and it will be processed in 6 -12 months. The 22 year old son will have to be filed for by his LPR Mom and the wait time for a visa is about 8 years. If his Mom becomes a USC after filing the I-130 then it can be upgraded to 1st preferance.

[Nahathai_Ike 0]

Thank you for replying so quickly.

Another thing that I do not understand is the quotas:

family first preference 23,400 plus any unused 4th preference visas

family second preference 114,200 plus any unused 1st preference visas (and no less than 77% to 2A)

family third preference 23,400 plus any unused 2nd preference visas

family fourth preference 65,000 plus any unused 3rd preference visas

At the CA Service Center, it looks like there are only a few months different regarding the processing time, between 1st preference and second preference. Even though she will be the US citizen or not.

Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.

They said that "no less than 77% to 2A." I believe that approximately 88,000 will be used for Spouses of lawful permanent residents and their unmarried children (under twenty-one). Then, the "2B" (unmarried sons and daughters of lawful permanent residents) or approximately 26,200 will be allocated to this category.

Look like I will recommend her to file for her unmarried 22 years old son first because it will take a long time to process. The 13 years old can be done almost anytime because the relationship has already been created even before his 16th birthday.

If I miss something, please let me know. Thanks again for your help.

[aaron2020 11,651]

A friend of mine who is a Lawful Permanent Resident, has been married to a US citizen husband, would like to bring both of her sons to the USA.

I read the article from the following web: http://www.visajourney.com/forums/index.ph...ration-overview and have some questions.

1. I believe that her US citizen husband will be able to file the I-130 petition directly to his 13 years old stepson. Am I correct? I believe that this should not be any problem and the visa should be available immediately. Please confirm.

2. Her US Citizen husband CANNOT FILE the petition for the unmarried 22 years old stepson. Am I correct? The LPR wife who is the mother has to be the one who files the petition for her son. Since this is a Permanent Resident filing a petition, the wait time should be a lot longer. Is this unmarried 22 years old son falling into the 2nd Preference, "Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one),

and the unmarried sons and daughters of lawful permanent residents" ?

I looked into the timeline for California Service Center. https://egov.uscis.gov/cris/jsps/Processtim...eviceCenter=CSC

Does this mean the case for the 13 years old can be processed quickly but for the unmarried 22 years old will be at least 7-8 years?

I do appreciate your time and response. Thank you.

1. USC step-dad can file for the 13 years old. The process will take up to a year.

2. USC step-dad may be able to file for the 22 years old if the marriage between step-dad and mom occurred before his 18th birthday. If the marriage occurred after the son's 18th birthday, then step-dad cannot file for him. If step-dad can file, it would be in the F1 family preference category. Currently, those with petitions filed before Nov. 15, 2002 are eligible for visas. If the son gets married, he would move to the F3 category - visas are currently available for those with petitions filed before Oct. 22, 2000.

Mom can file in the F2b family preference category. Currently, those with petitions filed before April 15, 2001 are eligible for visas. The son would become ineligible for a visa if he gets married before mom becomes a US citizen. If he gets married after mom becomes a USC, he would move to the F3 category.

There is no way to predict which route would be quicker as the priority dates do not move in sync with each other or the calendar - it all depends on the number of visas and the number of people applying for them. A beneficiary can have more than one petition going at the same time. It may be a good idea to have each parent file and then go with whichever one becomes current first.

Edited July 1, 2009 by aaron2020

[aaron2020 11,651]

Thank you for replying so quickly.

Another thing that I do not understand is the quotas:

family first preference 23,400 plus any unused 4th preference visas

family second preference 114,200 plus any unused 1st preference visas (and no less than 77% to 2A)

family third preference 23,400 plus any unused 2nd preference visas

family fourth preference 65,000 plus any unused 3rd preference visas

At the CA Service Center, it looks like there are only a few months different regarding the processing time, between 1st preference and second preference. Even though she will be the US citizen or not.

Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.

They said that "no less than 77% to 2A." I believe that approximately 88,000 will be used for Spouses of lawful permanent residents and their unmarried children (under twenty-one). Then, the "2B" (unmarried sons and daughters of lawful permanent residents) or approximately 26,200 will be allocated to this category.

Look like I will recommend her to file for her unmarried 22 years old son first because it will take a long time to process. The 13 years old can be done almost anytime because the relationship has already been created even before his 16th birthday.

If I miss something, please let me know. Thanks again for your help.

There are essentially two steps to getting an immigration visa. The first is approval of the I-130 - the time it takes to process this can vary and has no bearing in this case. The second step occurs after approval of the I-130 - it's waiting for an available visa. The 13 years old would be classified as an Immediate Relative where there is no visa limit thus a visa would instantly be available to him after approval. The 22 years old will be in one of the family preference category (F1, F2b, or F3 - determined at the time a visa becomes available) and have to wait until a visa becomes available. The immigration system is about family reunification. It's more important to reunite spouses and minor children with parents then adult children and siblings. There are always more people in the family preference category waiting for visas then available visas in any one year, so that is why people wait a very long time for a visa.

Visa availability in the specific family preference category is what determines the amount of time a person has to wait. For example; two I-130 petitions filed in the F2b category are filed on the same day - August 1, 2009. One is approved in 1 year. The other is approved in 4 years. Both are forwarded to the National Visa Center (NVC) to await for visas. Both have to wait until Aug. 1, 2009 becomes current in the Visa Bulletin before they are eligible for visas. So ignore the approval timeline at the CA Service Center. The Visa Bulletin is what matters; http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

Edited July 1, 2009 by aaron2020

[Nahathai_Ike 0]

Thank you all for answering the questions.

Apparently, the information that I received was inaccurate.

The first born son of the wife has just turned 20 years old in April 2009. As of today, he will be 20 years old and three (3) months. (The wife quoted me in the Buddhist year and I was two years off. ) He was born in April, 1989. This means that he is unmarried and under 21 years old.

However, both couples were married when the child had already turned 19 years old. (The relationship was not established as a stepchild at 16 years old.)

Questions:

1. I do not think that the US Citizen husband can still file the petition for the 20 years old stepson, am I correct? I believe that the mother who is legal permanent resident has to file the case for him anyway. Am I correct on this one?

2. If the wife decides to file the case right now, will the classification move up from unmarried child 21 years old to unmarried child under 21 years old?

3. When will this 21 years old be determined? If the wife files petition right now, the USCIS might receive the case before the son turns 21 years old, I do not know how it is being counted.

I do appreciate your time and response. I can provide the accurate information to the couples. Thanks again.

[NArocks 13]

I know that aaron is super well versed in this, I do know the USC can not apply for the 20 year. My step son turn 18 2 weeks before my marriage.Hopefully aaron will pop in the the rest of the answer as I do nto beleive the CSPA will apply for mom as an LPR apply for the 20 year even if the petition is received before he is 21.

Good luck

[aaron2020 11,651]

Thank you all for answering the questions.

Apparently, the information that I received was inaccurate.

The first born son of the wife has just turned 20 years old in April 2009. As of today, he will be 20 years old and three (3) months. (The wife quoted me in the Buddhist year and I was two years off. ) He was born in April, 1989. This means that he is unmarried and under 21 years old.

However, both couples were married when the child had already turned 19 years old. (The relationship was not established as a stepchild at 16 years old.)

Questions:

1. I do not think that the US Citizen husband can still file the petition for the 20 years old stepson, am I correct? I believe that the mother who is legal permanent resident has to file the case for him anyway. Am I correct on this one? USC stepdad cannot file for the 20 years old because the marriage to his mom did not occur before his 18th birthday. Mom has to file the I-130.

2. If the wife decides to file the case right now, will the classification move up from unmarried child 21 years old to unmarried child under 21 years old? Initially the case will be an F2a (LPR petitioning for unmarried child under 21). Once the son reaches age 21, the case will be reclassified as an F2b (LPR petitioning for unmarried child over 21). CSPA may or may not apply - absolutely no way to determine that at this time. My guess is that it will not because the the time between approval and a visa being available has to be less then 9 months in this case for CSPA to apply. (Don't ask me to calculate this.) So the child will ultimately be in the F2b category.

3. When will this 21 years old be determined? If the wife files petition right now, the USCIS might receive the case before the son turns 21 years old, I do not know how it is being counted. For the family preference categories, age is determined at the time a visa becomes available.

I do appreciate your time and response. I can provide the accurate information to the couples. Thanks again.

[NArocks 13]

thanks aaron

[Nahathai_Ike 0]

Thank you all for answering the questions.

Apparently, the information that I received was inaccurate.

The first born son of the wife has just turned 20 years old in April 2009. As of today, he will be 20 years old and three (3) months. (The wife quoted me in the Buddhist year and I was two years off. ) He was born in April, 1989. This means that he is unmarried and under 21 years old.

However, both couples were married when the child had already turned 19 years old. (The relationship was not established as a stepchild at 16 years old.)

Questions:

1. I do not think that the US Citizen husband can still file the petition for the 20 years old stepson, am I correct? I believe that the mother who is legal permanent resident has to file the case for him anyway. Am I correct on this one? USC stepdad cannot file for the 20 years old because the marriage to his mom did not occur before his 18th birthday. Mom has to file the I-130.

2. If the wife decides to file the case right now, will the classification move up from unmarried child 21 years old to unmarried child under 21 years old? Initially the case will be an F2a (LPR petitioning for unmarried child under 21). Once the son reaches age 21, the case will be reclassified as an F2b (LPR petitioning for unmarried child over 21). CSPA may or may not apply - absolutely no way to determine that at this time. My guess is that it will not because the the time between approval and a visa being available has to be less then 9 months in this case for CSPA to apply. (Don't ask me to calculate this.) So the child will ultimately be in the F2b category.

3. When will this 21 years old be determined? If the wife files petition right now, the USCIS might receive the case before the son turns 21 years old, I do not know how it is being counted. For the family preference categories, age is determined at the time a visa becomes available.

I do appreciate your time and response. I can provide the accurate information to the couples. Thanks again.

Thank you for your time writing. I informed her to send in the case right away and let USCIS determine whether CSPA will apply.

We know that worst case scenarios will be an F2b. With any lucks, it might be an F2a for them.

Thanks again for your thorough response.

[aaron2020 11,651]

Thank you all for answering the questions.

Apparently, the information that I received was inaccurate.

The first born son of the wife has just turned 20 years old in April 2009. As of today, he will be 20 years old and three (3) months. (The wife quoted me in the Buddhist year and I was two years off. ) He was born in April, 1989. This means that he is unmarried and under 21 years old.

However, both couples were married when the child had already turned 19 years old. (The relationship was not established as a stepchild at 16 years old.)

Questions:

1. I do not think that the US Citizen husband can still file the petition for the 20 years old stepson, am I correct? I believe that the mother who is legal permanent resident has to file the case for him anyway. Am I correct on this one? USC stepdad cannot file for the 20 years old because the marriage to his mom did not occur before his 18th birthday. Mom has to file the I-130.

2. If the wife decides to file the case right now, will the classification move up from unmarried child 21 years old to unmarried child under 21 years old? Initially the case will be an F2a (LPR petitioning for unmarried child under 21). Once the son reaches age 21, the case will be reclassified as an F2b (LPR petitioning for unmarried child over 21). CSPA may or may not apply - absolutely no way to determine that at this time. My guess is that it will not because the the time between approval and a visa being available has to be less then 9 months in this case for CSPA to apply. (Don't ask me to calculate this.) So the child will ultimately be in the F2b category.

3. When will this 21 years old be determined? If the wife files petition right now, the USCIS might receive the case before the son turns 21 years old, I do not know how it is being counted. For the family preference categories, age is determined at the time a visa becomes available.

I do appreciate your time and response. I can provide the accurate information to the couples. Thanks again.

Thank you for your time writing. I informed her to send in the case right away and let USCIS determine whether CSPA will apply.

We know that worst case scenarios will be an F2b. With any lucks, it might be an F2a for them.

Thanks again for your thorough response.

Good luck to your friend and her family. Remember, the son cannot get married before his mom becomes a US citizen. If he does, the petition will be revoked as a LPR cannot petition for a married child. Once revoked, the petition cannot be reinstated. Lots of people lose blow this and missed their chance to immigrate to the US.

Edited July 3, 2009 by aaron2020

[Nahathai_Ike 0]

Good luck to your friend and her family. Remember, the son cannot get married before his mom becomes a US citizen. If he does, the petition will be revoked as a LPR cannot petition for a married child. Once revoked, the petition cannot be reinstated. Lots of people lose blow this and missed their chance to immigrate to the US.

Hello again,

Assume that the son does not get married for at least many more years, does his mom needs to be a US Citizen or she can still remain as an LPR?

She told me that she had just mailed an I-130 petition for her 20 years old son. (I assume that there is no clause preventing her to do so, even though she is on a CR1, which needs to be adjusted the status next year for a 10-year GC.)

Thank you for your reply.

[NArocks 13]

She can remain a LPR however ( a long as he does not get married ) it will change the dates of the visa becoming available. If she becomes a citizen it will cut the wait about a year and a half.

She may have a card that reads CR1 however she is an LPR My husband sent his for his 18 year 2 months after becoming an LPR.

[payxibka 10,044]

Good luck to your friend and her family. Remember, the son cannot get married before his mom becomes a US citizen. If he does, the petition will be revoked as a LPR cannot petition for a married child. Once revoked, the petition cannot be reinstated. Lots of people lose blow this and missed their chance to immigrate to the US.

Hello again,

Assume that the son does not get married for at least many more years, does his mom needs to be a US Citizen or she can still remain as an LPR?

She told me that she had just mailed an I-130 petition for her 20 years old son. (I assume that there is no clause preventing her to do so, even though she is on a CR1, which needs to be adjusted the status next year for a 10-year GC.)

Thank you for your reply.

she arrived on a CR-1... the moment she was admitted to the USA she became a permanent resident... the CR-1 is no longer applicable...

You do not "adjust status" on a green card... You REMOVE CONDITIONS... subtle but important difference