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JayFromTexas

I-130 for 18 yr old beneficiary son

By JayFromTexas in Bringing Family Members of US Citizens to America

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JayFromTexas Explorer

JayFromTexas   69

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Filed: IR-1/CR-1 Visa Country: Russia
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I plan to marry my Russian citizen fiance' in July of 2023. She has a son who is currently 18 years old. It is my understanding that we can't file a I-130 because my soon to be wife and I weren't married before he turned 18, so he won't be my legal stepson. How can we petition to bring him to the USA? He will be under 21, but over 18.

 

Thanks!

Boiler Grand Master

Boiler   45,668

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Once your wife becomes a LPR then she will be able to petition him.

“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.”

Boiler Grand Master

Boiler   45,668

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6 minutes ago, JayFromTexas said:

Ok, can you tell me how approximately long it would take for him to receive a greencard?

If he falls withing F2a about 2 years, if F2b will be 9 years. Approx.

“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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Ontarkie Grand Master

Ontarkie   14,280

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Since you are not married yet. This is one of the times a K1 is the way to go. Then your fiance's son can get a k2 and come with her at the same time. 

If not there will be a pretty long wait before he can come.

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JayFromTexas Explorer

JayFromTexas   69

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We're likely to go IR/CR1 due to various reasons. I understand that pursuing a K1 will allow the son to come here sooner, but as long as he will be eligible for an F2a visa, I think that will be soon enough. I've been reading about the process and it looks like the immigration process for an F2a son of a beneficiary is essentially the same process as the beneficiary, except the son's I-130 can't be filed until the beneficiary receives her LPR status. Is this all correct?

Boiler Grand Master

Boiler   45,668

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1 minute ago, JayFromTexas said:

We're likely to go IR/CR1 due to various reasons. I understand that pursuing a K1 will allow the son to come here sooner, but as long as he will be eligible for an F2a visa, I think that will be soon enough. I've been reading about the process and it looks like the immigration process for an F2a son of a beneficiary is essentially the same process as the beneficiary, except the son's I-130 can't be filed until the beneficiary receives her LPR status. Is this all correct?

Yes, but you are assuming he will not move to F2b

“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.”

JayFromTexas Explorer

JayFromTexas   69

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1 minute ago, Boiler said:

Yes, but you are assuming he will not move to F2b

True, but he turned 18 recently and we have until October 2025 to file as F2a. If we file my spouse's I-130 in July of this year, she should get her greencard in early 2025. We should have a 9 month cushion, but anything can happen in the next 2 years.

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Ontarkie Grand Master

Ontarkie   14,280

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2 minutes ago, JayFromTexas said:

True, but he turned 18 recently and we have until October 2025 to file as F2a. If we file my spouse's I-130 in July of this year, she should get her greencard in early 2025. We should have a 9 month cushion, but anything can happen in the next 2 years.

Better make sure mom knows for sure that her son may not be coming for awhile. You are putting too much faith of things moving fast. 

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Boiler Grand Master

Boiler   45,668

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Filed: K-1 Visa Country: Wales
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Everybody knows the deal so it will be what it will be

“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.”

Family Mentor

Family   4,025

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1 hour ago, JayFromTexas said:

I plan to marry my Russian citizen fiance' in July of 2023. She has a son who is currently 18 years old. It is my understanding that we can't file a I-130 because my soon to be wife and I weren't married before he turned 18, so he won't be my legal stepson. How can we petition to bring him to the USA? He will be under 21, but over 18.

You can file I-129 F  for a K-1 , instead of getting married and doing I-130. This way her son can come with her as a K-2. 

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Mike E Grand Master

Mike E   11,740

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5 hours ago, JayFromTexas said:

That is an option but we won’t be in the same place together until May1. That would get us filed 2 months earlier.

Given current processing times, 2 months might be the difference between your step son getting to USA in 2 years versus 10 years. 

 
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