Concurrent filing for hubby, i130 for step kids

[blue_angel_29 108]

Just now, Lenchick said:

No, no, we applied DCF, Direct Consular Filing, that's why it was so fast but anyway the kids petitions was approved even faster than normal processing time for DCF of 90 days just because mine was already approved.

 

My kids were assigned first CR2 when their i-130 petitions were approved, but at the interview as the marriage got over 2 year term, they were granted IRs.

I didn't know they were getting a conditional GC too.. more paperworks to do. I was hoping that they'll be here between year 1 and year 2. Especially the 15y/o(she's turning 16 this september). I don't want her to risk not being abole to come here because she aged out. Mexico wait time for F2 is 25 years. 

[Lenchick 133]

8 minutes ago, blue_angel_29 said:

I didn't know they were getting a conditional GC too.. more paperworks to do. I was hoping that they'll be here between year 1 and year 2. Especially the 15y/o(she's turning 16 this september). I don't want her to risk not being abole to come here because she aged out. Mexico wait time for F2 is 25 years. 

As long as I know she can't age out since your marriage was created before the children turn 18, unless they are 21 or/and married,

[RRR2016 21]

8 minutes ago, Lenchick said:

No, no, we applied DCF, Direct Consular Filing, that's why it was so fast but anyway the kids petitions was approved even faster than normal processing time for DCF of 90 days just because mine was already approved.

 

My kids were assigned first CR2 when their i-130 petitions were approved, but at the interview as the marriage got over 2 year term, they were granted IRs.

I agree with Lenchick and follow his/her advice. We are currently going through an IR-2 process for a stepchild in Mexico and the wait times are very long. Our I-130 was sitting in Nebraska Service Center for 4 months and it was transferred to another office 'to speed up processing'. It's been 5 months and the I-130 has not been approved yet. For some reason Mexico can take even longer, these days. I have seen people from other countries who sent their I-130 later than us and they have already been approved. We began the IR-2 process after mine as an IR-1 was completed. So we basically started from scratch again. In my case, the I-130 was approved after 6 months and the rest of the process took an extra 8 months.

 

Indeed, the kids will receive a conditional GC, if the father receives a conditional GC.

 

I will emphasize on having the mother's permission.

[blue_angel_29 108]

1 minute ago, RRR2016 said:

I agree with Lenchick and follow his/her advice. We are currently going through an IR-2 process for a stepchild in Mexico and the wait times are very long. Our I-130 was sitting in Nebraska Service Center for 4 months and it was transferred to another office 'to speed up processing'. It's been 5 months and the I-130 has not been approved yet. For some reason Mexico can take even longer, these days. I have seen people from other countries who sent their I-130 later than us and they have already been approved. We began the IR-2 process after mine as an IR-1 was completed. So we basically started from scratch again. In my case, the I-130 was approved after 6 months and the rest of the process took an extra 8 months.

 

Indeed, the kids will receive a conditional GC, if the father receives a conditional GC.

 

I will emphasize on having the mother's permission.

mom's permission is top priority when he is able to go to Mexico hopefully when his AP gets approved.

 

So, does that mean, it will be a better idea for them to stay in Mexico until after our 2 years marriage to save time and an extra step, especially if the process will take as long as that anyways.

 

I guess i was too optimistic that their petition will get approved within a year and since they are in Mexico, they get a 10 year GC at the POE. 

 

Thank you so much for this new info. 

[RRR2016 21]

Well it depends on your timeline. If you want the kids to come to the U.S. sooner and speed up your process, I would do as Lenchick suggested. Or else you will have a long wait, like the one we are going through. If you would like to avoid the extra step of removing the conditional status, then you can have them wait in Mexico. If you file for them later on and your husband's conditional status has been removed, their petition will be IR-2, instead of CR-2, and they would receive a 10-year GC.

[blue_angel_29 108]

6 minutes ago, Lenchick said:

As long as I know she can't age out since your marriage was created before the children turn 18, unless they are 21 or/and married,

True, but sometimes, I just imaging the worst case scenario. 

 

there are posts here that i read that their petition has been going on for 2 years or 3 years. 

 

What we are going to do is file for my hubby about april or may 2017. then file the kids within a year, so by may 2018(turning 17y/o). I was hoping that it gets approved before may 2019 (when the older kid will be 18). but what if Mexico is just too slow and they don't get to their petition by the time she turns 21(granted that she won't be 21 until 2022) does that mean she's out of luck? Or is 4 years a safe range. 

 

If that will be the case, then we need to really think about maybe filing the petition together again. Sooooooooooooo confusedddddddddddd

[Lenchick 133]

Just now, blue_angel_29 said:

True, but sometimes, I just imaging the worst case scenario. 

 

there are posts here that i read that their petition has been going on for 2 years or 3 years. 

 

What we are going to do is file for my hubby about april or may 2017. then file the kids within a year, so by may 2018(turning 17y/o). I was hoping that it gets approved before may 2019 (when the older kid will be 18). but what if Mexico is just too slow and they don't get to their petition by the time she turns 21(granted that she won't be 21 until 2022) does that mean she's out of luck? Or is 4 years a safe range. 

 

If that will be the case, then we need to really think about maybe filing the petition together again. Sooooooooooooo confusedddddddddddd

Read here about aging out. Maybe it will ease your mind

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa

[Lenchick 133]

Just now, Lenchick said:

Read here about aging out. Maybe it will ease your mind

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa

 

1 minute ago, blue_angel_29 said:

True, but sometimes, I just imaging the worst case scenario. 

 

there are posts here that i read that their petition has been going on for 2 years or 3 years. 

 

What we are going to do is file for my hubby about april or may 2017. then file the kids within a year, so by may 2018(turning 17y/o). I was hoping that it gets approved before may 2019 (when the older kid will be 18). but what if Mexico is just too slow and they don't get to their petition by the time she turns 21(granted that she won't be 21 until 2022) does that mean she's out of luck? Or is 4 years a safe range. 

 

If that will be the case, then we need to really think about maybe filing the petition together again. Sooooooooooooo confusedddddddddddd

2, 3 years were probably for other visas. Yours will be immigrant one and qualified as for the immediate relative. The visa numbers for those relatives are not limited. The case usually should be completed within one year.

[RRR2016 21]

1 minute ago, Lenchick said:

 

2, 3 years were probably for other visas. Yours will be immigrant one and qualified as for the immediate relative. The visa numbers for those relatives are not limited. The case usually should be completed within one year.

I agree, I don't think the process for your stepchildren as a USC would go further than 1 year. The age limit is 21, so your stepchildren are with in a good age range.

 

[blue_angel_29 108]

1 minute ago, Lenchick said:

 

2, 3 years were probably for other visas. Yours will be immigrant one and qualified as for the immediate relative. The visa numbers for those relatives are not limited. The case usually should be completed within one year.

 

what i got from the CSPA is that the age FREEZES when I file their petition, so, it is safe to assume that i have until 2022 to file for her petition and she won't age out. That's a great thing! 

 

So, i was right about the petition being approved within the year, i thought that was me just being too optimistic. 

 

SO, I think what I'm going to really look into is to file for their i130 and then do DCF and if they get their visa approved, we'll just remove conditions here. Unless our 2 year anniversary is within the visa validity then they'll just have t wait until then. 

 

Visa is valid for 6 months after it's been approved, right? so, if we file the petition by may 2018 and get approved after October 2018, we'll just make sure that they enter after feb 2019 so they get the 10 year visa. 

[blue_angel_29 108]

4 minutes ago, RRR2016 said:

I agree, I don't think the process for your stepchildren as a USC would go further than 1 year. The age limit is 21, so your stepchildren are with in a good age range.

 

AWESOME!! that makes everything so much better. 

 

Thank you!! I can stop stressing already. I haven't even sent the package yet and i'm already so stressed.. I'm not excited for this journey.. 

[Lenchick 133]

1 minute ago, blue_angel_29 said:

 

what i got from the CSPA is that the age FREEZES when I file their petition, so, it is safe to assume that i have until 2022 to file for her petition and she won't age out. That's a great thing! 

 

So, i was right about the petition being approved within the year, i thought that was me just being too optimistic. 

 

SO, I think what I'm going to really look into is to file for their i130 and then do DCF and if they get their visa approved, we'll just remove conditions here. Unless our 2 year anniversary is within the visa validity then they'll just have t wait until then. 

 

Visa is valid for 6 months after it's been approved, right? so, if we file the petition by may 2018 and get approved after October 2018, we'll just make sure that they enter after feb 2019 so they get the 10 year visa. 

You are probably confusing something. DCF is for those USC who reside overseas. You can't file DCF unless you reside where the kids reside and the overseas US consulate you are going to file actually has that DCF

[RRR2016 21]

30 minutes ago, blue_angel_29 said:

 

what i got from the CSPA is that the age FREEZES when I file their petition, so, it is safe to assume that i have until 2022 to file for her petition and she won't age out. That's a great thing! 

 

So, i was right about the petition being approved within the year, i thought that was me just being too optimistic. 

 

SO, I think what I'm going to really look into is to file for their i130 and then do DCF and if they get their visa approved, we'll just remove conditions here. Unless our 2 year anniversary is within the visa validity then they'll just have t wait until then. 

 

Visa is valid for 6 months after it's been approved, right? so, if we file the petition by may 2018 and get approved after October 2018, we'll just make sure that they enter after feb 2019 so they get the 10 year visa. 

Correct, the I-551 visa stamp is valid for 6 months. After they enter the U.S. the GC arrives 3-6 weeks after.

[RRR2016 21]

37 minutes ago, Lenchick said:

You are probably confusing something. DCF is for those USC who reside overseas. You can't file DCF unless you reside where the kids reside and the overseas US consulate you are going to file actually has that DCF

Here is a link that explains about DCF.

 

http://www.visajourney.com/content/dcf

[RRR2016 21]

Just now, RRR2016 said:

Here is a link that explains about DCF.

 

http://www.visajourney.com/content/dcf

If I understood correctly, it also applies to emergencies, for example if the child is left with out a caregiver. And this process would not apply to her step children, correct?

 

You were suggesting for her to file the I-130's for the stepchildren before her husband's Adjustment of Status process is complete and this would speed up the I-130 approval? However, she is still looking at 2 different routes. AOS for her husband and regular Consular Process for her stepchildren? Because her children are in Mexico, they would go to the interview in Cd. Juarez for their immigrant visa.

 

I hope I am not confusing everyone.