From where to start n what way its better

[aleksandrafish 0]

Hello!
I am 27 year old daughter (unmarried Ukraine) of already US citizen mom
she is in USA around 10 years n married with US military US citizen man, who is my step father, cuz as they been married before my 18.

i already had green card, but didnt come back on time, so i lost it. now when i finished my university n as i want to be near by my family, we decided to apply petition I-130.
so the questions are

1) what category i am - F2A or F2B (cuz Visa Bulletin says F2A is more faster around 6-10 month, but F2B - around 8 years to wait!)

2) if its really counts if my step dad in US military, can then process be bit faster ( http://www.uscis.gov/military )
3) its better to apply petition I-130 as my mom or it could be as well my step dad

4) p.s. if i will apply a visitor visa, could i apply for I-130 after i will get visitor visa?

thank u in advance

[aaron2020 11,651]

1. Your USC stepfather or USC mother would file for you in the F1 family preference category. It's an 7-8 years wait for an immigration visa.

You do not qualify for the F2a category since you do not meet the requirements of being under age 21 and have an LPR parent petition you.

You do not qualify for the F2b category since you do not have an LPR parent to petition you.

2. Your stepdad's military service does nothing for an adult stepdaughter.

3. Does not matter who petitions you. Both would be a USC petitioning for an unmarried daughter over age 21. Same category. Same wait.

4. Sure. A parent can file the I-130 for you whenever. Having a visitor visa only allows you to visit. It does not offer a short cut. It's still the F-1 category and 7-8 years of waiting. Overstay the visitor visa will mean no green card since an F1 is not an Immediate Relative so the overstay will not be forgiven.

[aleksandrafish 0]

Thank u for clear n fast reply

yeah i mean if i still have visitor visa - visit my family but still to wait this 7 years for my immigrate visa

Edited January 10, 2014 by aleksandrafish