Need Info on Bringing Adult Kids to the US

[snoopy girl 0]

Hello everyone and I hope I'm asking this in the correct place.

I have a very goood friend that relocated here from Moldova about 4 years ago after winning the green card lotto. She has a son, 2 grandkids and a daughter-in-law still in Moldova and she wants to bring them here to the US to live with her until they can make it on their own here. .

My question is: Can this be done and what would she have to do bring her family here to live ?

I would appreicate your valuable info for her to get started on this.

[lost_at_sea 995]

Is she a US citizen?

A green card holder only (not USC) cannot petition for married children.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=86493e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=86493e4d77d73210VgnVCM100000082ca60aRCRD

Edited August 22, 2013 by lost_at_sea

[snoopy girl 0]

Thanks for your fast response and I thought that may be the situaton she would be in.

She's engaged to get married in a few months to a USC. Is there anyting that can be done after that? This is not a scam and I'm sure he would do what he could to help her.

I know she will ask me that question also and I would like to give it all to her when I talk to her about it.

Thanks again.

[lost_at_sea 995]

Thanks for your fast response and I thought that may be the situaton she would be in.

She's engaged to get married in a few months to a USC. Is there anyting that can be done after that? This is not a scam and I'm sure he would do what he could to help her.

I know she will ask me that question also and I would like to give it all to her when I talk to her about it.

Thanks again.

She's going to need to wait until she's become a citizen herself. Then she can petition for her immediate family. Her new husband won't be able to as a step-father, as they did not marry before her married son turned 18.

Edited August 22, 2013 by lost_at_sea

[snoopy girl 0]

Thanks again and I understand that. I'll go see her and tell her what I found out.

I'm sure she'll be disappointed but she also knows this was a long shot to be able help her kids come here.

[lost_at_sea 995]

Thanks again and I understand that. I'll go see her and tell her what I found out.

I'm sure she'll be disappointed but she also knows this was a long shot to be able help her kids come here.

The alternative is that her son look for a work sponsorship visa, or educational student visa. Neither are green cards, but would offer the opportunity to live and work/study in the US for a period of time. The original post did not detail much about their circumstances.

Although, she's already been there 4 years. So, normally, she'd have to wait 5 years to apply for citizenship, but marrying a USC reduces this wait to only 3 years. She may be able to apply for citizenship right after they marry. She should check that out. If that's the case, she'll be not that far off being able to petition for her son.

[kzielu 1,144]

Thanks again and I understand that. I'll go see her and tell her what I found out.

I'm sure she'll be disappointed but she also knows this was a long shot to be able help her kids come here.

In addition, once her children are petitioned by her, there is substantial wait time for visa number to become available that currently is about 11 years long.

[aaron2020 11,651]

The alternative is that her son look for a work sponsorship visa, or educational student visa. Neither are green cards, but would offer the opportunity to live and work/study in the US for a period of time. The original post did not detail much about their circumstances.

Although, she's already been there 4 years. So, normally, she'd have to wait 5 years to apply for citizenship, but marrying a USC reduces this wait to only 3 years. She may be able to apply for citizenship right after they marry. She should check that out. If that's the case, she'll be not that far off being able to petition for her son.

She cannot apply for US citizenship right after they marry.

The requirements to file under the 3 years rule is that in the 3 years preceding the naturalization application, the person must have 1) a green card for those 3 years, AND 2) been married to a US citizen for those 3 years, AND 3) live with that US citizen spouse for 3 years.

She would not meet the 2nd and 3rd requirements.

Next year, she can apply for naturalization on her own since she meets the 5 years requirements. She would need to wait another 3 years to gain US citizenship under the 3 years rule.

[aaron2020 11,651]

There is only one family based path for the son and his family to immigrate to the US.

Mom must be a US citizen to file for her son and his family. She can apply to naturalize after having her green card for 5 years.

It's a 11-12 years wait for a US citizen to petition a married child.

This is the fastest and only family based immigration plan possible. The US citizen stepfather cannot file because the son was not under 18 when his mother married his stepfather.

[lost_at_sea 995]

She cannot apply for US citizenship right after they marry.

The requirements to file under the 3 years rule is that in the 3 years preceding the naturalization application, the person must have 1) a green card for those 3 years, AND 2) been married to a US citizen for those 3 years, AND 3) live with that US citizen spouse for 3 years.

She would not meet the 2nd and 3rd requirements.

Next year, she can apply for naturalization on her own since she meets the 5 years requirements. She would need to wait another 3 years to gain US citizenship under the 3 years rule.

Cheers. Thanks for that clarification. I wasn't sure whether her marriage would change matters. Good to know!

[snoopy girl 0]

I really thank all of you for this valuable information. She and her fiance had dinner with us tonight and I let her read your comments and she said I knew this would be an almost impossible task but I had to at least try. She's really an awesome lady and is an asset to our small community. She also asked me to thank you for your information.

She also has a son in Phildelphia on a five year work visa and it times out in a few months.She told me he has a social security card. He wants to stay here and continue working and eventually get married.so I told her I would ask you what can he do to remain here in the states. I have no clue about any of this.

My brother married a girl from Russia and in Russia and VJ was his right hand when they were going through their visa process.

Any more of your help would be greatly appreciated.

[Boiler 43,392]

He would ask his current employer to sponsor him for a Green Card.

[milimelo 4,166]

Well since OP's friend is from a country that can enter diversity visa lottery, why aren't the sons (and the daughter in law) applying for diversity visa lottery themselves?

The married son actually gets two chances - once through his own entry and then through his wife's entry (same with his wife)...

[NigeriaorBust 4,087]

DV lottery is unlikely but worth a chance. The mother is she has had a green card for 4 years should be able to apply for USC soon. Once she does she can apply for her married adult son but the wait is about a decade. During that time they are free to try for any other visa to come.

[aaron2020 11,651]

I really thank all of you for this valuable information. She and her fiance had dinner with us tonight and I let her read your comments and she said I knew this would be an almost impossible task but I had to at least try. She's really an awesome lady and is an asset to our small community. She also asked me to thank you for your information.

She also has a son in Phildelphia on a five year work visa and it times out in a few months.She told me he has a social security card. He wants to stay here and continue working and eventually get married.so I told her I would ask you what can he do to remain here in the states. I have no clue about any of this.

My brother married a girl from Russia and in Russia and VJ was his right hand when they were going through their visa process.

Any more of your help would be greatly appreciated.

There are two possible ways for him to stay.

His employer might be able to apply for a green card on his behalf.

He would be able to get a green card through a US citizen wife.

The Diversity Visa for 2014 (DV-2014) is closed and the chances of winning is low. Even if he won the DV-2015, he would not be able to stay here in the meantime.

Edited August 23, 2013 by aaron2020