My spouse has children

[Abass_AleciaHamid 0]

My husband has children ages 15 and 18 yrs old.  I am wanting to know should I add them to the application ( i130) for them to come to the states? I was thinking that we should wait til my husband gets approved and allow him to become comfortable in the state and then apply for the children to come to the states. Any advise would be greatly appreciated.

[Just Paul 4,591]

4 minutes ago, Abass_AleciaHamid said:

My husband has children ages 15 and 18 yrs old.  I am wanting to know should I add them to the application ( i130) for them to come to the states? I was thinking that we should wait til my husband gets approved and allow him to become comfortable in the state and then apply for the children to come to the states. Any advise would be greatly appreciated.

Well you would file a separate I-130 for each of them. 

 

Unfortunately the time for an 19 year old is about 7 years if you file it and about 6 years if he files it as an LPR.

 

File now if you want him here sooner.  

[Boiler 43,542]

21 is when the times go up.

 

How long ago did you marry?

[pushbrk 12,136]

5 minutes ago, Boiler said:

21 is when the times go up.

 

How long ago did you marry?

Good answers so far but if the marriage took place after the 18th birthday, that step child has no path to immigrate based on the marriage.  Key issue now is what was that child's age on the date of your marriage?

 

Note also that the foreign spouse's children ARE listed as family members on the I-130, whether they intend to immigrate or not.

Edited March 7, 2020 by pushbrk

[Abass_AleciaHamid 0]

The children are 15 and 18. That is the age they were when marriage took place. We married in February 2020.

[Abass_AleciaHamid 0]

We married in February 2020.

[Boiler 43,542]

You can petition the younger one, assuming presumably the Mother agrees.

[Abass_AleciaHamid 0]

Mother is deceased 

[Boiler 43,542]

So then yes you can petition the younger one.

[pushbrk 12,136]

58 minutes ago, Abass_AleciaHamid said:

The children are 15 and 18. That is the age they were when marriage took place. We married in February 2020.

Then only the 15 year old has a path to immigrate based on the marriage.  File a separate petition for husband and stepson.

[SusieQQQ 11,584]

1 hour ago, pushbrk said:

Good answers so far but if the marriage took place after the 18th birthday, that step child has no path to immigrate based on the marriage.  Key issue now is what was that child's age on the date of your marriage?

 

Note also that the foreign spouse's children ARE listed as family members on the I-130, whether they intend to immigrate or not.

But under 21 still has relatively fast path as F2A, child of permanent resident. Around 2 years, not 6. Of course this can only be done once spouse has entered on her immigrant visa.

[Boiler 43,542]

Him

 

Any by that time the child could be 20.

[SusieQQQ 11,584]

3 minutes ago, Boiler said:

Him

 

Any by that time the child could be 20.

Yup, so best mum files literally on day 1 as a LPR, and hope for processing delays for maximum CSPA protection. 

[pushbrk 12,136]

1 hour ago, SusieQQQ said:

But under 21 still has relatively fast path as F2A, child of permanent resident. Around 2 years, not 6. Of course this can only be done once spouse has entered on her immigrant visa.

18 now plus how many months until 19.  Split the difference and the child is 20 when the father has a green card and 22 two years later.  Simple arithmetic.

[SusieQQQ 11,584]

23 minutes ago, pushbrk said:

18 now plus how many months until 19.  Split the difference and the child is 20 when the father has a green card and 22 two years later.  Simple arithmetic.

Less anywhere from 9 months to over 2 years processing = CSPA protection, can easily stay under 21 on CSPA basis.  Arithmetic is not as simple as actual age.

Edited March 7, 2020 by SusieQQQ