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Southern_Belle07

Filing I-130 (US citizen and/or GC holder) for a child

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2 hours ago, dwheels76 said:

What's next after USCIS approves your I-130 petition? The petition is sent to NVC (National Visa Center) for more processing where the I-864 is submitted buy the petitioner. And documents for Beneficiary are uploaded. For a 7 year old no police report will be needed. You will pay the $120 AOS fee and $325 IV fee. Once all is uploaded and DS-260 completed you will be reviewed and accepted of no issues then you are put in the Interview queue to wait to be assigned.

This is helpful information. Thank you. 

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On 11/24/2019 at 10:57 PM, SusieQQQ said:

A “child” in US immigration law is defined as an unmarried, under 21 child. Over 21 or married they become “adult sons and daughters”.  But they have to be under 18 as well to automatically gain citizenship from a parent.  The conditions are (note they must all be met simultaneously):

 

https://www.uscis.gov/us-citizenship/citizenship-through-parents

 

Children of U.S. Citizens Residing in the United States

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001: 
  • The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
  • The child is under 18 years of age;
  • The child is a lawful permanent resident (LPR); and
  • The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

 

Oh.. so what then is the benefits of F1 and F2B ? Does F1 Beneficiary  automatically becomes citizen on arrival and F2B doesn’t? Please shed more light on this thank you 

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1 hour ago, Danova said:

Oh.. so what then is the benefits of F1 and F2B ? Does F1 Beneficiary  automatically becomes citizen on arrival and F2B doesn’t? Please shed more light on this thank you 

No, neither do, as both are by definition for children over 21 and as you can see from the conditions I posted above for automatic naturalization it only applies to under-18s.

 

There is no real benefit to one over the other if the timelines are around the same (they’re not always) and if the child has no marriage plans for the duration of waiting.  The main benefit to F1 is that if the sponsoring parent is a citizen and the child gets married, the petition remains valid (though it moves to F3 category with a longer wait time). With F2B, if the child gets married the petition becomes void as only citizens can sponsor married children. 

on the timelines, note that if you naturalize and the wait time for F1 is longer than F2B, as sometimes happens, you can apply to retain it as an F2B petition with the more favorable priority date.

again, I can see no logical reason for not naturalizing as petitioner.  

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8 hours ago, SusieQQQ said:

No, neither do, as both are by definition for children over 21 and as you can see from the conditions I posted above for automatic naturalization it only applies to under-18s.

 

There is no real benefit to one over the other if the timelines are around the same (they’re not always) and if the child has no marriage plans for the duration of waiting.  The main benefit to F1 is that if the sponsoring parent is a citizen and the child gets married, the petition remains valid (though it moves to F3 category with a longer wait time). With F2B, if the child gets married the petition becomes void as only citizens can sponsor married children. 

on the timelines, note that if you naturalize and the wait time for F1 is longer than F2B, as sometimes happens, you can apply to retain it as an F2B petition with the more favorable priority date.

again, I can see no logical reason for not naturalizing as petitioner.  

Ty so much. 

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Will somebody kindly explain to me what is the following to join benefits? It kills me to not be with my child for so long and I am looking for legal ways to get him as soon as possible. It is in my knowledge that it takes time, but upon my research, I found this article in USCIS website. 
Just need to know if my USC spouse or me as a GC holder is eligible to file the follow to join.

 

E21EF4BD-7812-4E92-AE2A-6FB2D515DCF2.thumb.png.1da5f65e65d7b7d8afd25527d10aa2b7.png

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2 hours ago, Southern_Belle07 said:

Will somebody kindly explain to me what is the following to join benefits? It kills me to not be with my child for so long and I am looking for legal ways to get him as soon as possible. It is in my knowledge that it takes time, but upon my research, I found this article in USCIS website. 
Just need to know if my USC spouse or me as a GC holder is eligible to file the follow to join.

 

E21EF4BD-7812-4E92-AE2A-6FB2D515DCF2.thumb.png.1da5f65e65d7b7d8afd25527d10aa2b7.png

How did you get your green card? When they say family preference classification above, they refer to the F1-F4 categories. If you acquired your green card through a USC spouse, it is an immediate relative and not a family preference category.

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34 minutes ago, SusieQQQ said:

How did you get your green card? When they say family preference classification above, they refer to the F1-F4 categories. If you acquired your green card through a USC spouse, it is an immediate relative and not a family preference category.

Thank you. You have been so helpful in my queries. Now I understand it better. Yes I am an immediate relative of a USC.

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  • 5 months later...

Just to make sure I am all clear with the process, my husband, who is a USC, can file I-130 to petition my biological son, him being a stepchild of my husband?

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Filed: IR-1/CR-1 Visa Country: Kenya
Timeline
On 11/25/2019 at 8:10 AM, dwheels76 said:

What's next after USCIS approves your I-130 petition? The petition is sent to NVC (National Visa Center) for more processing where the I-864 is submitted buy the petitioner. And documents for Beneficiary are uploaded. For a 7 year old no police report will be needed. You will pay the $120 AOS fee and $325 IV fee. Once all is uploaded and DS-260 completed you will be reviewed and accepted of no issues then you are put in the Interview queue to wait to be assigned.

DWheels,

Does this mean I will pay $325 x 3 for spouse and 2 children? Plus the $120 for ALL 3?

I’ve been looking for an hour and can’t find specific language about “per child” or “for each relative” etc.

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