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Yanka

US Citizen dad 60yo applying for 30 yo unmarried son with 2 children

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Filed: Citizen (apr) Country: Romania
Timeline

hi can you please help with this situation ,

 

60 yo naturized US citizen is applying for Permanent resident status his 30 yo son, who is NOT married but has 2 children under age 21.

He (son) supports children financially and is legally (local country law) considered their father. Both children have his (son's) last name.  

 

Goal: Son and his two children to be included in application, but for now only son wants to visit. 

 

Questions

 

1. how many I-130 forms should be filed? - from instructions I understand 1 I-130.

 

2. what will be waiting time?

 

Thank you 

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You only need to file one i130, for your son. Because it will be F1 category, his children (under 21) can be listed on the petition as derivatives.  It will probably take 6-8 years before your son can get an immigrant visa. At that point, his kids can decide whether they want to continue as derivatives on the petition and immigrate with him, or not.  

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1 hour ago, Yanka said:

is legally (local country law) considered their father. Both children have his (son's) last name.  

Is he their biological father?

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Filed: K-1 Visa Country: Wales
Timeline

Is the Mother OK with them emigrating?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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