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pecky

can a conditional green card file for son 23 yrs old?

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Filed: K-3 Visa Country: Jamaica
Timeline

my husband received his conditional green card in March 2009. I am a USC. He has a son 23yrs old. Can my husband start filing for his son now , or does he have to wait until he gets the 10 yr green card?

Pecky


MARRIED ON 8/31/07

VERMONT

OCTOBER 2007-------------I-130 SENT
OCTOBER 10,2007 -------- I-130 RECV IN VERMONT
JANUARY 10, 2008----------RECEIVED NOA1
FEBUARY 24, 2008-----------ASE SEEN ON LINE@USCIS
AUGUST 12,2008------------ CASE SENT TO CSC


CSC
AUGUST 12, 2008-----------CASE SENT TO CSC
AUGUST 13,2008------------ TOUCHED
AUGUST 15, 2008----------- TOUCHED
AUGUST 20, 2008----------- TOUCHED
AUGUST 21, 2008-------------TOUCHED
AUGUST 22, 2008--------------APPROVED (CSC)--THANK YOU LORD

NVC
AUGUST 27, 2008-----------HARD COPY RECEIVED
AUGUST 28, 2008-------------NVC RECEIVED FILE. NVC CASE # ISSUED

Sept 18 ----------Received DS-3032 / I-864 Bill :
Sept 19 ---------Paid I-864 Bill on line
Sept 20-----------Paid IV bill on line
Sept 22----------AOS bill read "paid" on line
Sept 24----------IV bill read "paid" on line
Sept 26----------Mailed AOS/IV bill via express mail
Oct. 10---------- Case Completed at NVC

Interview Date : February 18, 2009
Visa Received :
US Entry: March 2009

10 year green card: Received March 2012

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Filed: Country: Vietnam (no flag)
Timeline
my husband received his conditional green card in March 2009. I am a USC. He has a son 23yrs old. Can my husband start filing for his son now , or does he have to wait until he gets the 10 yr green card?

Pecky

He can file now if his son is not married as an LPR can only file for a spouse and unmarried children. The I-130 petition would be placed in the F2b family preference category; LPR petitioning for a unmarried child over 21. The petition for the son would automatically be revoked if he gets married before his father becomes a US citizen. It will take around 8-9 years before a visa would become available to the son.

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