What is the fastest process to ask a minor for a citizen?

[BreenSM 0]

Hola, tengo muchas dudas de que proceso de inmigracion es el adecuado para mi caso, ya que hay muchas variantes. Estoy casada con Ciudadano americano, yo tengo la Green Card (estoy hace 5 anos en EEUU), tambien tengo a mi hija pequena con su Green Card. Mi hijo mayor esta en Espana, porque quiso quedarse con mi madre, para que ella no estuviera sola,  lamentablemente mi madre a fallecido, y el esta solo en Espana. De que manera teniendo en cuenta que mi marido en Ciudadano y que mi hijo es considerado menor de edad para inmigracios, podemos pedir la reunificacion familiar, he visto que hay varias formas, pero no se cual es la mas rapida, ya que el quiso estar con mi madre para que no estuviera sola y ahora el se encuentra solo, sin ningun familiar alli. Agradeceria cualquier sugerencia, ya que quiero iniciar los tramites lo antes posible. Gracias.

 

Hello, I have many doubts about which immigration process is the right one for my case, since there are many variants. I am married to an American Citizen, I have a Green Card (I have been in the US for 5 years), I also have my little daughter with her Green Card. My eldest son is in Spain, because he wanted to stay with my mother, so that she would not be alone, unfortunately my mother has passed away, and he is alone in Spain. In what way, taking into account that my husband is a Citizen and that my son is considered a minor for immigration, can we request family reunification? I have seen that there are several ways, but I do not know which is the fastest. Since he wanted to be with my mother so that she would not be alone and now he is alone, without any relatives there. I would appreciate any suggestion, since I want to start the paperwork as soon as possible.

[Boiler 43,771]

Probably quicker marginally for your spouse to file the I 130, maybe safer for you to.

[Rocio0010 5,573]

30 minutes ago, BreenSM said:

I have seen that there are several ways

There is only one way since he's  living abroad. Click here for the USCIS guide.

[CMJuilland 484]

First off, condolences on the passing of your mother. 

 

As for your question, am I correct in assuming that your son is under 21 and unmarried? If so, you would file I-130 for immediate relative to start with, wait out the process at USCIS, wait out the NVC process, and then have him go through his medical and the interview at the embassy. If you file, click here: https://www.uscis.gov/family/bring-children-to-live-in-the-US. If your husband files for your son, click here: https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process/immigration-adoption-and-citizenship-for-stepchildren-of-us-citizens-and-lprs#:~:text=You may petition for your,Center to begin consular processing.

Edited October 18, 2022 by CMJuilland

[BreenSM 0]

Yes, he is single and 19 years old.

[BreenSM 0]

Thank you very much for your answers🌹

 

[SteveInBostonI130 3,328]

If your son is under 21 and unmarried, there are 2 paths.  Your husband can file a I-130 for him and it will be an IR2 category.  Or you can file for him and it will be a F2A category.   Typically immediate relative visas (IR1, IR2, IR5) are considered priority when there are backlogs or events like the pandemic.

 

Also, if you have filed your N400 and your interview is relatively soon, then if you file the I-130 your son's category will switch to IR2 after your oath ceremony.

 

All the above options are the "fastest", but it will still take about 12-18 months.

[SusieQQQ 11,585]

I’d suggest file IR2 stepchild of uscis to protect against the possibility of F2A retrogression and son aging out. Plus ir is processed faster. 

[BreenSM 0]

Hello Susie, the IR2 is a form that I must attach to the form I 130? Thanks.

[Timona 3,970]

6 minutes ago, BreenSM said:

Hello Susie, the IR2 is a form that I must attach to the form I 130? Thanks.

 

No. It begins with your husband filing online  I-130 for your son as a step-dad. Your son will then be given a "label" by USCIS to determine the relationship between him and your husband. That label is IR2.

 

Since you're not a USC yet, if you file for him, he will get F2A label. So, that's why @SteveInBostonI130 suggested you let your husband do it as IR2 are quicker, as also opined by @SusieQQQ

 

So, tell hubby to create account online and file I-130 for his stepson. 

[BreenSM 0]

Thank you very much for the help !!!🌹

[Boiler 43,771]

The  downside of the IR2 and I have seen this a few times, is that if there are issues with the marriage the IR2 goes away, if the Mother sponsors all is good.

[davidvs 320]

45 minutes ago, Boiler said:

The  downside of the IR2 and I have seen this a few times, is that if there are issues with the marriage the IR2 goes away, if the Mother sponsors all is good.

Is it acceptable for both mom and step-dad to file as a safeguard against this, or is that not allowed?

[Boiler 43,771]

Just now, davidvs said:

Is it acceptable for both mom and step-dad to file as a safeguard against this, or is that not allowed?

Just the expense, both can file.