IR5 through myself or CR1 by an LPR through my mom?

[mrsartis 10]

Hello everyone, it has been 5 years since my last post and again I would like to thank this forum for making. My and my mom’s visa journey Faster and easier.

 

My stepdad who was married to my mom since I was 8 finally decided to come here to the US. He will be retiring soon from work in Dubai.

 

our question is, would it be faster/better if I (usc) would file an Ir5? Or... my mom (lpr of almost 5years—hint hint we are filing her usc citizenship next year) should file a cr1? Looking at the timeline, it seemed like it would take a minimum mov 2 years before my stepdad can get his visa process.

 

My issue would be, if I would petition for stepdad through ir5, would this affect my later plans of petitioning my bio dad (who I also have a very good relationship with)?

 

if my mom would petition for my stepdad as an lpr, should she even apply for a us. Citizenship when she becomes eligible? Or should she just wait for my stepdad to get here?

 

and if she does Becomes a citizen, would that affect the timeline of petition cr1? And the pending pending petitions of my siblings via f2a?

 

thanks in advance!

jomay

 

 

 

[dwheels76 5,461]

11 minutes ago, mrsartis said:

Hello everyone, it has been 5 years since my last post and again I would like to thank this forum for making. My and my mom’s visa journey Faster and easier.

 

My stepdad who was married to my mom since I was 8 finally decided to come here to the US. He will be retiring soon from work in Dubai.

 

our question is, would it be faster/better if I (usc) would file an Ir5? Or... my mom (lpr of almost 5years—hint hint we are filing her usc citizenship next year) should file a cr1? Looking at the timeline, it seemed like it would take a minimum mov 2 years before my stepdad can get his visa process.

 

My issue would be, if I would petition for stepdad through ir5, would this affect my later plans of petitioning my bio dad (who I also have a very good relationship with)?

 

if my mom would petition for my stepdad as an lpr, should she even apply for a us. Citizenship when she becomes eligible? Or should she just wait for my stepdad to get here?

 

and if she does Becomes a citizen, would that affect the timeline of petition cr1? And the pending pending petitions of my siblings via f2a?

 

thanks in advance!

jomay

 

 

 

You can't petition for your stepdad or dad until you are a US citizen, Your mom is free to petition since she is the wife.
But only you can petition your bio-dad anyway.

 

She can file now for her husband and upgrade her case once she becomes a citizen

[Khallaf 649]

4 minutes ago, dwheels76 said:

You can't petition for your stepdad or dad until you are a US citizen, Your mom is free to petition since she is the wife.
But only you can petition your bio-dad anyway.

 

She can file now for her husband and upgrade her case once she becomes a citizen

I think OP means she is the USC and her mom isn't yet

 

"our question is, would it be faster/better if I (usc)"

[geowrian 22,335]

A couple notes:

1. It's F2A for your mom to petition a spouse as an LPR.
   1. ETA for F2A: ~2.5 years from filing to interview.
2. It's CR-1 or IR-1 if she naturalizes.
   1. ETA ~12-16 months from filing to interview.
   2. An F2A case can be upgraded to CR-1/IR-1 after naturalization.
3. You must be a USC to petition a parent (not sure if you are or aren't so I put this here - it was noted actually).
4. You can petition a stepparent so long as you were under age 18 at the time he became your stepdad.
5. Filing for one family member does not hurt  filing for another family member (so long as one is honest and such, obviously).
   1. If you are a financial sponsor (petitioners are always one), then filing for multiple individuals would increase your household size and therefore minimum income level required.

 

Edit:

21 minutes ago, mrsartis said:

and if she does Becomes a citizen, would that affect the timeline of petition cr1? And the pending pending petitions of my siblings via f2a?

Who is the petitioner for the siblings? If it's the mother, then they can also be upgraded (to IR-2). Same ~12-16 month timeline as IR-5. If somebody else is the petitioner, then it won't impact therm at all.

Edited November 27, 2018 by geowrian

[mrsartis 10]

2 minutes ago, Khallaf said:

I think OP means she is the USC and her mom isn't yet

 

"our question is, would it be faster/better if I (usc)"

Thanks for taking time, yeah I am the usc, my mom is an lpr though me (ir5)

[Khallaf 649]

2 minutes ago, mrsartis said:

Thanks for taking time, yeah I am the usc, my mom is an lpr though me (ir5)

as previously stated you can only petition your bio dad, not step dad, your mom is the only one that can petition her husband.

 

she can start the process and once she becomes USC she can update the petition that she is now a USC and not a LPR this will move the process a bit faster but at least can get it started.

 

now with that being said what does your mother do for work? will you be a joint sponsor for the AOS?

 

keep in mind retirement age, and your step dad needing to get health care, and the cost of supporting him financially 

Edited November 27, 2018 by Khallaf

[geowrian 22,335]

1 minute ago, Khallaf said:

as previously stated you can only petition your bio dad, not step dad, your mom is the only one that can petition her husband.

That's not what was stated...just that only she can file for the biological parent.

One can file for a stepparent fine, so long as it's a valid stepparent/stepchild relationship (bona fide + established before age 18).

[Boiler 43,434]

Quicker for you to apply, your Mother can be a joint sponsor if needed.

[Khallaf 649]

6 minutes ago, geowrian said:

That's not what was stated...just that only she can file for the biological parent.

One can file for a stepparent fine, so long as it's a valid stepparent/stepchild relationship (bona fide + established before age 18).

I didn't see your post when I post my apology 

[mrsartis 10]

8 minutes ago, geowrian said:

A couple notes:

1. It's F2A for your mom to petition a spouse as an LPR.
   1. ETA for F2A: ~2.5 years from filing to interview.

2. Quote

    

   1. It's CR-1 or IR-1 if she naturalizes.
      1. ETA ~12-16 months from filing to interview.
      2. An F2A case can be upgraded to CR-1/IR-1 after naturalization.

    

   Perfect! I guess it’s better if she does this. Will apply for her naturalization in March 2019

 

1. You must be a USC to petition a parent (not sure if you are or aren't so I put this here - it was noted actually).
2. You can petition a stepparent so long as you were under age 18 at the time he became your stepdad.
3. Filing for one family member does not hurt  filing for another family member (so long as one is honest and such, obviously).
   1. If you are a financial sponsor (petitioners are always one), then filing for multiple individuals would increase your household size and therefore minimum income level required.

 

Edit:

Who is the petitioner for the siblings? If it's the mother, then they can also be upgraded (to IR-2). Same ~12-16 month timeline as IR-5. If somebody else is the petitioner, then it won't impact therm at all.

Edit:

Who is the petitioner for the siblings? If it's the mother, then they can also be upgraded (to IR-2). Same ~12-16 month timeline as IR-5. If somebody else is the petitioner, then it won't impact therm at all.—

 

my mom is the petitioner for my sibs f2b but their filing date is 2016 and she is a caregiver. I may or may not sign a co sponsorship depending on the status of my stepdad’s job in the future. They are over the age of 21 so that’s like over 10 years from now. 

[mrsartis 10]

8 minutes ago, geowrian said:

That's not what was stated...just that only she can file for the biological parent.

One can file for a stepparent fine, so long as it's a valid stepparent/stepchild relationship (bona fide + established before age 18).

Yes it is bonafide.. they were married since I was 8.

[mrsartis 10]

13 minutes ago, Khallaf said:

 

 

now with that being said what does your mother do for work? will you be a joint sponsor?

i might; but my mom is caregiver

 

keep in mind retirement age, and your step dad needing to get health care, and the cost of supporting him financially 

he is young, only 54 Retirement in Dubai is 55. When he gets here, he will still be working, and yes I know I have to support him in the beginning till he gets jobs.

 

[mrsartis 10]

Alright it might be actually be quicker if I do it. It took my mom less than a year for ir5.

 

 

[geowrian 22,335]

5 minutes ago, mrsartis said:

Alright it might be actually be quicker if I do it. It took my mom less than a year for ir5.

If you file, worst case is it takes as long as if your mother filed and became a USC in the meantime. Best case it's faster. Seems a no-brainer to me .

Timelines have changed....under a year is definitely possible, but unlikely now.

[TM92 527]

9 minutes ago, mrsartis said:

Who is the petitioner for the siblings? If it's the mother, then they can also be upgraded (to IR-2). Same ~12-16 month timeline as IR-5. If somebody else is the petitioner, then it won't impact therm at all.—

 

my mom is the petitioner for my sibs f2b but their filing date is 2016 and she is a caregiver. I may or may not sign a co sponsorship depending on the status of my stepdad’s job in the future. They are over the age of 21 so that’s like over 10 years from now. 

It might be wise to delay your mom's citizenship until after your siblings enter the US with the F2B. If she attends the oath ceremony, then they will be F1. I know its just a 4 month PD difference, but still: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html