Questions

[kmula 7]

My cousin recently got married and he would like to start the process of bringing his wife and her minor kids (6 & 16) here. They (wife and kids) currently live in Peru.

My cousin is an LPR and is in the process of becoming a USC - he is waiting for his interview (submitted N-400 a few months ago, already did the biometrics and now his status online says "in line for interview").

I think I understand that he can submit the I-130 for his wife and her kids while he is still a LPR and then upgrade it once he becomes a USC?

I'm not clear about the individual applications for the wife's kids. Do each need a separate I-130 or can both kids be included in the wife's application?

Any help and suggestions would be great!

thanks!!

[Georgia16 2,858]

It is separate I-130 for each of them. (And make sure the mother has permission form the bio-father to move them to the US)

[kmula 7]

It is separate I-130 for each of them. (And make sure the mother has permission form the bio-father to move them to the US)

Thank you! They are working on obtaining the permission from the bio-father.

Do you know if it would backfire to submit the petition as a LPR and then upgrade?

[NikLR 13,220]

Not if he submitted all the petitions. Since F2A allows for derivatives but CR1/IR1 does not, as long as he submits an I-130 for each person immigrating he won't lose time.