Need help with the k-3!!!!!!

[Denn 2]

My mother in law lives in the Dominican Republic and my father in law lives here in New York. 

 

My father in law wants to start the process bringing her. But they have a 27 year old who is mentally challenged. He depends on my mother in law for everything. He has a mind of a 3 year old. 

 

Even though he is 27 can my father in law included him in the process?????

[payxibka 10,044]

5 minutes ago, Denn said:

My mother in law lives in the Dominican Republic and my father in law lives here in New York. 

 

My father in law wants to start the process bringing her. But they have a 27 year old who is mentally challenged. He depends on my mother in law for everything. He has a mind of a 3 year old. 

 

Even though he is 27 can my father in law included him in the process?????

Let's start by disclosing if your fil is a USC or permanent resident 

[Denn 2]

Sorry! My father in law is a permanent resident 

[geowrian 22,335]

On what basis did he get his green card (from another spouse or via another source)?

 

He can petition for her fine. ETA: ~2 years

 

I'm assuming the son is her biological son and his stepson...if that's wrong, correct me.

He likely cannot petition for the son (they would need to have been married before he turned 16).

She can petition for the son after she gets a green card, but it will take several years at a minimum.

Honestly, it sounds like the best option would be for your father in law to immigrate to be with your mother in law and help take care of the child. There would be several years of separation with the child otherwise.

[Denn 2]

They were married before he was born. My father in law is his biological father. 

 

My father in law has been living in states for almost 20 years. He was brought to the states by his father. 

 

The reason he didn’t do this process a long time ago is very complicated to even Explain.

 

so there’s no way they can include him? 

[SalishSea 16,770]

1 minute ago, Denn said:

They were married before he was born. My father in law is his biological father. 

 

My father in law has been living in states for almost 20 years. He was brought to the states by his father. 

 

The reason he didn’t do this process a long time ago is very complicated to even Explain.

 

so there’s no way they can include him? 

He will need his own petition.

[geowrian 22,335]

7 minutes ago, Denn said:

They were married before he was born. My father in law is his biological father. 

 

My father in law has been living in states for almost 20 years. He was brought to the states by his father. 

 

The reason he didn’t do this process a long time ago is very complicated to even Explain.

 

so there’s no way they can include him? 

Gotcha. He can file a separate petition for his biological son but it will take ~5-6 years (assuming the current PDs were to remain unchanged) for him to be eligible for a visa. This is because he falls into the F2B category due to being age 21+.

There is no way for the son to immigrate through the father's petition for his wife. It will include years of separation if he went that route.

Edited October 1, 2019 by geowrian

[Unlockable 7,306]

14 hours ago, Denn said:

They were married before he was born. My father in law is his biological father. 

 

My father in law has been living in states for almost 20 years. He was brought to the states by his father. 

 

The reason he didn’t do this process a long time ago is very complicated to even Explain.

 

so there’s no way they can include him? 

Unfortunately, no. The son will need his own separate petition. We know this is not what you want to hear but we can only provide you with what is available. If you father was a US they would have more options.

 

Honestly, there are limited options for people to immigrate. You may have to discuss other scenarios. Is there any other family that could care for the son in the meantime?

[Unlockable 7,306]

*** Moved to "Bringing Family Members of Permanent Residents to America"

 

VJ Moderation

[Boiler 43,430]

They also need to take into account the public charge issue.

[Dashinka 23,238]

Since it is his biological son, have you FIL petition for him, and maybe in 3-4 years file for his wife.  The timing certainly would depend on the PDs staying somewhat stable, but it is possible they would both get their visas around the same time.

[Cathi 5,610]

Why K-3? That is for married couples.