Jump to content
Sign in to follow this  
cdctke

Can a Green Card Holder (waiting for removal of conditions) petition children over 21?

5 posts in this topic

Recommended Posts

Hi All, 

We are having a debate and hoping someone can help. You are all so helpful so I know you can. 🙂 

 

My wife is a Green Card holder and we are waiting for removal of conditions (slow process).  We have 1 of her children with us (under 21 and came over on a K2).  She has two other children over 21 and single in the Philippines.  Is she considered a Legal Permanent Resident (LPR) or does she have to wait for removal of conditions to be considered an LPR?  If she is an LPR, than based on my reading of the I-130 instructions, she could petition her two other children over 21 (we thought we she had to wait to be a citizen). 

 

Thanks again. 


Charlie

Share this post


Link to post
Share on other sites
51 minutes ago, cdctke said:

Is she considered a Legal Permanent Resident (LPR)

Yes


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

Share this post


Link to post
Share on other sites

A conditional legal permanent resident is an LPR. 

Your wife can file for her unmarried children over age 21 in the F2b category.  They must stay unmarried for the entire process.  This means until they enter the US with immigrant visas.  If they get marry before entering the US, they will be disqualified.  

 

My nephew came over in the F2b category with his children.  A week later, he returned home and married the mother of his children.  

 

Do not make the mistake of getting married before coming to the US.  This is where most people screw up.  They get their visas and marry before coming to the US.  A married person can not use an immigration visa from the F2b category.  This is the biggest pitfall.  

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×