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Unmarried son over 21 with children

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My Filipina has an unmarried 28 year old son with two children by his girlfriend. Question is can he be petitioned without petitioning the children? And do we list the children on the I-130 or not? The will be remaining with the mother until the son is here and he will marry the mother after that.

Thanks for any help.

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The children are listed even if they do not intend to apply for visas.

My nephew is in a similar position. He will immigrate with his children, then get Re-Entry Permits for them so they can go back to live with their mother while he petitions for her.

The reason he is doing this is because his father (the petitioner) is afraid that if his grandchildren do not have green cards and wait to come with their mom, there is a chance if his son dies so does the petition for the wife and children.

We have known petitioners who have died and their entire family are stuck. The petitioner and his son (my nephew) are aware of humanitarian reinstatement but does not want to take any chances.

Not trying to scare you. Just want to give a different point of view.

Best of luck.

Edited by aaron2020

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Thanks for the information. Very helpful. Just one more question.

Should we submit birth certificates for his children as well??

For the i130? No.

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Just curious. How old are the kids? F2B for Philippines takes 10-11 years so the kids will be grown by then and would probably want to immigrate as well.

Edited by apple21

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These are not issues for now, wait a decade and see how things are going then.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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