Ir-2 questions

[llaz 232]

I have a few questions regarding the IR2 for my step son. 

 

1. What is the estimated difference in time if I as a US citizen file for my step son in comparison to if my husband who is a legal permanent resident files for his son? 

 

2. If he gets into any legal trouble, am I on the hook or responsible for him in any way if I am his sponsor? Not that I think he will but he's 16 and if I'm honest I barely even know him. 

 

3. I am stay at home mom, so if I am his sponsor my husband will have to sign an affidavit of support for him as well. If that happens does that mean that we are both equally responsible for him so he does not receive any government assistance for 10 years? 

 

Thank you! 

 

 

[Redro 4,600]

14 minutes ago, llaz said:

I have a few questions regarding the IR2 for my step son. 

 

1. What is the estimated difference in time if I as a US citizen file for my step son in comparison to if my husband who is a legal permanent resident files for his son? 

 

2. If he gets into any legal trouble, am I on the hook or responsible for him in any way if I am his sponsor? Not that I think he will but he's 16 and if I'm honest I barely even know him. 

 

3. I am stay at home mom, so if I am his sponsor my husband will have to sign an affidavit of support for him as well. If that happens does that mean that we are both equally responsible for him so he does not receive any government assistance for 10 years? 

 

Thank you! 

 

 

You might have to show some type of relationship with your stepson.. You say you barely know him... Have you ever met him? He might also be questioned on the nature of your relationship to your husband/ his relationship with you... 

 

How long have you and your husband been married/ when can he apply for citizenship?

If you husband files, your stepson might or might not be able to come to the US (it depends if he ages out or not).

He would come over on the F2A category. Currently they are processing cases filed February 2020 (so around a 4 year wait not including time to interview- this depends on consulate). 

So, your husband would more than likely become a citizen before that happens and can convert it to a IR2 visa. 

Processing times for CR2/IR2 are about the same as processing times for CR1/IR1 so you're looking at about 18-24 months if you petition him. 

 

[Boiler 43,446]

If you sponsor you will be primarily on the hook and your husband will be the joint sponsor there if you fail to meet your obligations.

[llaz 232]

1 hour ago, Redro said:

You might have to show some type of relationship with your stepson.. You say you barely know him... Have you ever met him? He might also be questioned on the nature of your relationship to your husband/ his relationship with you... 

 

How long have you and your husband been married/ when can he apply for citizenship?

If you husband files, your stepson might or might not be able to come to the US (it depends if he ages out or not).

He would come over on the F2A category. Currently they are processing cases filed February 2020 (so around a 4 year wait not including time to interview- this depends on consulate). 

So, your husband would more than likely become a citizen before that happens and can convert it to a IR2 visa. 

Processing times for CR2/IR2 are about the same as processing times for CR1/IR1 so you're looking at about 18-24 months if you petition him. 

 

I have met him yes, he's currently here on a visa waiver esta but over the past 5 years I've only spent 3 weeks with him.

 

We've been married for 6 years. He can apply for citizenship now. Do you know estimated wait times for that? My step son will be 17 in April. 

[Boiler 43,446]

Naturalising varies by office, 6 months may be an average.

[Redro 4,600]

19 minutes ago, llaz said:

I have met him yes, he's currently here on a visa waiver esta but over the past 5 years I've only spent 3 weeks with him.

 

We've been married for 6 years. He can apply for citizenship now. Do you know estimated wait times for that? My step son will be 17 in April. 

Does he want to go back home or do you think he wants to stay in the US now? 
Also, legal issues are separate to immigration issues. You would only be responsible for him if he needs help from the government. 
 Additionally, if your husband becomes a citizen before he turns 18- he can become a U.S. citizen and you won’t be financially responsible for him anymore… 

[pushbrk 12,115]

First, whether you have any relationship with him or even ever met him is not relevant to getting his IR2 visa.  Don't know where anybody got that idea.  The bona fide relationship issue is only related to the spouse, not stepchildren.

 

Your husband can file now and upgrade his petition when his Naturalization is complete.  Sponsorship comes at the NVC stage, so he can sponsor his son himself.  That seems the best option to me.

 

You could petition the son, and your husband would be your "household member" when it comes to sponsoring.

 

Another option is for you to make a concurrent filing for the son to adjust status NOW, and stay here.  Then he can become a citizen once he has a green card and your husband naturalizes.  Might be some timing issues there, but citizenship cancels any sponsorship obligations.  Of course, he's still your husband's son, so real life responsibilities come into play.

 

[llaz 232]

On 2/6/2024 at 2:52 PM, pushbrk said:

First, whether you have any relationship with him or even ever met him is not relevant to getting his IR2 visa.  Don't know where anybody got that idea.  The bona fide relationship issue is only related to the spouse, not stepchildren.

 

Your husband can file now and upgrade his petition when his Naturalization is complete.  Sponsorship comes at the NVC stage, so he can sponsor his son himself.  That seems the best option to me.

 

You could petition the son, and your husband would be your "household member" when it comes to sponsoring.

 

Another option is for you to make a concurrent filing for the son to adjust status NOW, and stay here.  Then he can become a citizen once he has a green card and your husband naturalizes.  Might be some timing issues there, but citizenship cancels any sponsorship obligations.  Of course, he's still your husband's son, so real life responsibilities come into play.

 

So we could start the process for the IR2 for my step son now, start the process for citizenship for my husband now and then just wait (if needed) to complete the affidavit of support at the NVC if my husband's citizenship isn't completed yet? Or should we wait to file anything with the IR2 until after citizenship is complete? 

[pushbrk 12,115]

27 minutes ago, llaz said:

So we could start the process for the IR2 for my step son now, start the process for citizenship for my husband now and then just wait (if needed) to complete the affidavit of support at the NVC if my husband's citizenship isn't completed yet? Or should we wait to file anything with the IR2 until after citizenship is complete? 

I wrote about each option in the present tense.

[llaz 232]

18 hours ago, pushbrk said:

I wrote about each option in the present tense.

I guess I just don't understand what you mean by upgrade his petition. 

[Redro 4,600]

48 minutes ago, llaz said:

I guess I just don't understand what you mean by upgrade his petition. 

If you husband files now. He will be filing as a green card holder (F2A) visa . Once he becomes a US citizen he will inform USCIS or NVC he is a citizen and the petition will change from F2A to IR2. 
Right now only you can file a petition for IR2.

I want to ask again. Does your stepson want to stay in the US or does he want to go home while the process takes place

and 2. Is the mother of your stepson okay with him moving to the US? 

[pushbrk 12,115]

1 hour ago, llaz said:

I guess I just don't understand what you mean by upgrade his petition. 

If you husband files now, he files as an LPR.  Once he naturalizes he notifies either USCIS or NVC, as applicable to "upgrade" from LPR to US Citizen.  This removes any quota related delays.

[llaz 232]

On 2/8/2024 at 9:34 PM, Redro said:

If you husband files now. He will be filing as a green card holder (F2A) visa . Once he becomes a US citizen he will inform USCIS or NVC he is a citizen and the petition will change from F2A to IR2. 
Right now only you can file a petition for IR2.

I want to ask again. Does your stepson want to stay in the US or does he want to go home while the process takes place

and 2. Is the mother of your stepson okay with him moving to the US? 

He does unfortunately have to go home, his mother will not allow him to move to the US before he turns 18. He would stay if he could it's just not feasible without her signing documents from their country. 

[Redro 4,600]

2 hours ago, llaz said:

He does unfortunately have to go home, his mother will not allow him to move to the US before he turns 18. He would stay if he could it's just not feasible without her signing documents from their country. 

With this knowledge I would have your husband file the I130. If you file he could be able to move to the US before his 18th birthday and you would have to delay the move. If your husband files the I130 in his name the process will be longer. Just be aware, your stepson won’t be able to automatically acquire US citizenship through his father if he moves to the US on an immigrate visa if he can only move to the US after his 18th birthday. This means you and your husband will be responsible for him financially (check I864 rules) until he becomes a U.S. citizen (or 40 quarters of work) 

[pushbrk 12,115]

3 hours ago, Redro said:

With this knowledge I would have your husband file the I130. If you file he could be able to move to the US before his 18th birthday and you would have to delay the move. If your husband files the I130 in his name the process will be longer. Just be aware, your stepson won’t be able to automatically acquire US citizenship through his father if he moves to the US on an immigrate visa if he can only move to the US after his 18th birthday. This means you and your husband will be responsible for him financially (check I864 rules) until he becomes a U.S. citizen (or 40 quarters of work) 

Right, but even with the husband filing and upgrading, the son can come AFTER turning 18 with only the father liable as the sponsor.  Since the husband will naturalize before the NVC, stage, the process would NOT take LONGER than if the stepmother files.