Before citizenship or after for I-130

[Ironman140 45]

1 minute ago, aaron2020 said:

Unclear who is turning 18 to me.  Is it the granddaughter or the different daughter?

 

 wife has 2 daughters one is 35 . other turns 30 tomorrow is single and thinking of applying for visa.   the granddaughter is 18 and daughter of 35 year old

[aaron2020 11,651]

Your wife should file now to get in line.  Once she becomes a US citizen, she can upgrade the petition and marriage will be a non-issue.  Why wait and make this longer than necessary.  You've essentially have made a decision to wait because she might marry while your wife is an LPR and void the I-130, an event that may not happen if she doesn't do it.

 

Your wife is going to be a US citizen soon.  What are the chances that her daughter will get marry before your wife becomes a US citizen?  Her daughter marrying is the only thing that voids the petition. 

 

If mom is scheduled for a citizenship interview, couldn't the daughter just wait a few months to get marry?  Marrying at that time would mean adding a year to the wait and require filing a new I-130.  Let her make that decision if she can't wait a few months to get marry.  Let her pay for the new I-130.  IMHO, this is called adulting - can you wait a few months to do something so you can benefit greatly from something else.  At 29, I hope she would make the adult choice.  

Edited March 24, 2019 by aaron2020

[aaron2020 11,651]

6 minutes ago, Ironman140 said:

 wife has 2 daughters one is 35 . other turns 30 tomorrow is single and thinking of applying for visa.   the granddaughter is 18 and daughter of 35 year old

Unfortunately, no one can file for a grandchild.  It's too late to help the granddaughter. 

 

While your wife could petition her 35 years old, the granddaughter would age out and not be able to immigrate with her mother.

 

Sorry.  

Edited March 24, 2019 by aaron2020

[Boiler 43,393]

Assuming the other one is married then your wife needs to wait until she is a USC before petitioning her. The she can petition her daughter once she gets here assuming she has not married by then.

[Ironman140 45]

13 minutes ago, milimelo said:

You can’t petition a grandchild. 

thank you

didn't think so

but shes a good student and was hopeful. maybe  we could try for a student visa. but haven't spoken to her yet

 

So if  we file and she doesn't marry before wife becomes citizen. the petition become invalid  Void ???

 

the older daughter and wife haven't spoken in years.  for many reasons and I have good reason not to help her. the grandchild yes her NO  

[Ironman140 45]

6 minutes ago, Boiler said:

Assuming the other one is married then your wife needs to wait until she is a USC before petitioning her. The she can petition her daughter once she gets here assuming she has not married by then.

older daughter recently got married. We didn't get invited to wedding.

 

[aaron2020 11,651]

2 minutes ago, Ironman140 said:

 

So if  we file and she doesn't marry before wife becomes citizen. the petition become invalid  Void ???

 

 

No.  Opposite.

 

If she does marry before your wife becomes a citizen (while she's still an LPR), the petition is void.  

 

Marriage after your wife becomes a citizen does not void the petition.

[Boiler 43,393]

You can certainly support her education, Grandparents often do that.

 

 

[Ironman140 45]

21 minutes ago, aaron2020 said:

No.  Opposite.

 

If she does marry before your wife becomes a citizen (while she's still an LPR), the petition is void.  

 

Marriage after your wife becomes a citizen does not void the petition.

that's  great news. I would have filed this weekend if I understood that 

thank you.

will file next weekend then. 

[Ironman140 45]

19 minutes ago, Boiler said:

You can certainly support her education, Grandparents often do that.

 

 

will if possible. unfortunately  I fear if she stays under her mothers influence and not ours her education will soon end.

we have had little to no contact with them for several years/ 

  

[Junior11 14]

3 hours ago, Ironman140 said:

that's  great news. I would have filed this weekend if I understood that 

thank you.

will file next weekend then. 

Ironman, please study the attachments below. Your step-daughter’s category:

Right now: F2B

After her mom becomes citizen: F1

After she gets married: F3

So your wife can now file I-130 in F2B category and get a priority date for her daughter. Then, if I understand correctly, your wife can move the category from F2B to F1, without loosing the priority date. And then to F3 after her daughter is married. 

My second attachment shows which priority dates are being processed as of March 2019. You’ll immediately see, how faster it is, to bring unmarried daughters here. 

You have a good guess that your step-daughter will get her visa under F3 category. Regardless, as other posters have pointed out, it’s best to get a priority date as soon as possible. It’s like getting in the line at a movie theatre before deciding which movie or even which time of the day you’ll see one. There will be plenty of time to figure it out  

These attachments will come handy, when you’re having the long talk with your wife and step-daughter. 

Best wishes!

[TBoneTX 43,019]

A hijack post has been removed.  Please start your own thread.

[Ironman140 45]

I wish to thank everyone for the help.

 not the best on computer or paperwork. so takes me  time to reply.

  but hope to file her I-130 soon. and will keep you updated.

thank you

[SalishSea 16,746]

Just to add, the student visa route can be very, very expensive.  I believe she would have to provide evidence of being able to fully pay the tuition, which at a public uni would be even higher than out of state tuition for a foreign student.