Petitioned son now green card holder, how he brings his family?

[francie 0]

My mother-in-law (green card)petitioned his over age son back in 2008. Then he had his girlfriend pregnant and now has 2 kids but didnt got married. Does my mother in law need to update the petition so the 2 kids will be included?

Also, when he gets here, how is he going to petition his girlfriend and other 2 kids from previous relationship? How long and what are the requirements? Thanks in advance!

[Djaneto31 0]

When he gets here in the US and have his green card.. soon then go back with his girlfriend marry her in good faith, come back to the US and begin process filing (I-130) Fastest way, time to time processing will change..

[francie 0]

ThAnks for the response.

What about the girlfriend's two kids from previous relationship?

[apple21 953]

My mother-in-law (green card)petitioned his over age son back in 2008. Then he had his girlfriend pregnant and now has 2 kids but didnt got married. Does my mother in law need to update the petition so the 2 kids will be included?

Not really. The son can inform NVC about his kids when its time to submit the DS-3032 (Choice of Agent and Address form). He can attach a letter stating that he wants his kids to be derivatives of his petition. Include copies of the kids' birth certificates.

Also, when he gets here, how is he going to petition his girlfriend and other 2 kids from previous relationship? How long and what are the requirements?

After son gets his Green Card, he can go back to his home country and marry his girlfriend. Are the "other 2 kids" the children of his girlfriend from another man? If yes, then they are his step-children. If their marriage occurs before the step-children's 18th birthday, then the step-children can qualify as derivatives of his spouse, provided they are still under 21 at the time of the i-130 filing. They will be under the F2A category (Spouse and Unmarried Children under 21 years old of LPR). Waiting time is 2 and a half years.

Source: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=51ea3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=51ea3e4d77d73210VgnVCM100000082ca60aRCRD

Thanks in advance!

[francie 0]

I didnt see your post before i respond again. Thanks for the input!

[Djaneto31 0]

assuming if her two kids was using their father last name(previous man), she should do something about it to change her kids last name before they get into it ( wedding plan for her 2nd man of her life ). unless they're using mother last name by then she gets married with him so her kids its freely to be with their step father..

at that case.. more easy for him and his becoming wife with the two kids the system process..