Assistance

[nadler Howard 27]

I filed i-130 for k1 visa with USCIS through my wife who is the petition US Citizen and was approved and case presently in process with NVC. I have 4 kids which where included on the petition.. I decided to immigrate first before they join me. 2 of them are already pass 21 and one will be 21 next year January and the last one 18. years. What should i do now before the one that is about to turn 21 do not turn 21. Also what should i do about the ones that is already pass 21 but nor married and that of the one that is just 18 years. I will be happy to know what to do in other to start working about it before is too late. Anyone with useful information please tell me what to do.

[pushbrk 13,611]

If you are the spouse of a US Citizen, each intending immigrant needs their own petition.  However, only your children who were under age 18 at the time of your marriage and are still unmarried, will have any path to immigration based on y your marriage to the US Citizen.

[geowrian 22,339]

Each child/stepchild of a USC must be petitioned separately.

 

Upon filing the I-130, their effective age age is "frozen" under CSPA (https://www.uscis.gov/greencard/child-status-protection-act). If you file after they turn 21, then they will fall into the F1 (if unmarried) or F3 (if married) status. F1 has about a 6-7 year wait, while F3 has like a 12+ year wait.

If you file an I-130 for them before they turn 21, after approval of the I-130, they must still seek to acquire the visa within 1 year in order to qualify for CSPA.

 

Edit: Important factor to note...how old were they when you got married? if they were 18 or older, then only the biological parent can petition for them (once they become a green card holder). That puts them into F2A or F2B based on age (and the age is not frozen for CSPA...only paused while they work on the I-130). F2A has about a 2 year wait, whereas F2B is about 7-10 years. They cannot marry unless the petitioning parent becomes a USC.

Edited April 3, 2018 by geowrian

[Ontarkie 14,947]

~~Duplicate threads merged. Please do not make more then one thread for the same or related topic~~

[pushbrk 13,611]

35 minutes ago, geowrian said:

Each child/stepchild of a USC must be petitioned separately.

 

Upon filing the I-130, their effective age age is "frozen" under CSPA (https://www.uscis.gov/greencard/child-status-protection-act). If you file after they turn 21, then they will fall into the F1 (if unmarried) or F3 (if married) status. F1 has about a 6-7 year wait, while F3 has like a 12+ year wait.

If you file an I-130 for them before they turn 21, after approval of the I-130, they must still seek to acquire the visa within 1 year in order to qualify for CSPA.

 

Edit: Important factor to note...how old were they when you got married? if they were 18 or older, then only the biological parent can petition for them (once they become a green card holder). That puts them into F2A or F2B based on age (and the age is not frozen for CSPA...only paused while they work on the I-130). F2A has about a 2 year wait, whereas F2B is about 7-10 years. They cannot marry unless the petitioning parent becomes a USC.

Correction.  Nothing stops them from marrying.  Marrying changes their eligibility to immigrate.  This fact may or may not influence their marriage decision.  Most folks seriously considering marriage, want to live in the same country as their spouse more than in the same country as their parent.   In this situation,  the US immigration process tends to be abandoned.

[nadler Howard 27]

Can any one tell me what documents needed from my Son for my wife to file  I-130 for my Son who will be come 21 by next year January?

[Boiler 47,464]

How old was your son when you married?

[nadler Howard 27]

He was 17 years when i got married

[nadler Howard 27]

4 hours ago, Boiler said:

How old was your son when you married?

He was 17 yers old at that time.

[pushbrk 13,611]

1 hour ago, nadler Howard said:

Can any one tell me what form should my USA citizen wife should file for my Son who will be 21 by next year January?

If you were married before the son turned 18, the I-130.  If not, then nothing.  If he was over 18 when you married, he is not considered her stepson for immigration purposes and has no path to immigrate to the US based on your marriage.

[pushbrk 13,611]

1 hour ago, nadler Howard said:

He was 17 yers old at that time.

She files the I-130.  She should study the I-130 instructions as to what to supply as supporting documentation as it is different than for you.

[Ryan H 3,893]

***Duplicate threads merged.***

[pushbrk 13,611]

On 4/3/2018 at 5:06 PM, nadler Howard said:

I filed i-130 for k1 visa with USCIS through my wife who is the petition US Citizen and was approved and case presently in process with NVC. I have 4 kids which where included on the petition.. 

See bold above.  If your wife was a US Citizen when she filed the petition, information about the children would have been included on the petition filed for you.  HOWEVER, this does NOTHING for the children.  Stepchildren of a US Citizen each need their own I-130 petition.