neualex

James120383,

Thank you for your response.

I was more concerned in his priority going down from F1 to F3, but I guess since USCIS is already processing F3 cases with priority date of 2008 and his priority date is 2005, he would not have to wait for a visa to become available since he is already past the processing time, correct?

Follow up question on this, can we add his spouse and his 12-year old stepson as derivatives to his application? 

I petitioned my unmarried son back in 2005, petition was approved and sent to NVC; however, he did not want to come to the US back then, I pushed the petition all these years and now due to COVID19, he wants to come to the US, but he is now married.

I understand his visa family preference is now F3 and according to the visa bulletin, F3 petitions with priority date with 2008 are being processed, my son priority date is 2005, I should be alright continuing with the NVC process assumming they would honor his priority for F3, correct?

Appreciate your feedback.

No. She needs to meet all the requirements, not just one.

3 years married to a USC + 3 years as a green card holder = eligible for naturalization.

She needs to have a green card for 3 years and live with her USC husband for 3 years before she can naturalize.

If she continues to live with her USC husband, she can file to naturalize around April 2018.

Thanks for your prompt response!

Yes, that's right. He would be an Immediate Relative.

Thanks for the prompt response!

Hi folks,

My cousin got married back in 2013 to a US citizen, but she just got her green card in June 2015.

Her third-year anniversary is in March 2016, is she able to apply for US citizenship based on the fact she has been married to a US citizen for 3 years?

Your support is appreciated.

Thanks,

...Alex

Hi folks,

I have a friend who is a US citizen who wants to petition for his stepfather.

His stepfather got married to her natural mother when she was 13 years old.

Reading the I-130 form, it does qualify, but I'd like to confirm he has the same first priority as a natural parent.

In other words, he does not need to wait for a visa.

Please advise.

Thanks,

...Alex

sorta ?

the I-94 governs legal presence.

It's not enough to rely on the expiry date of the VISA.

so, if he's out of status during interview day, he cannot successfully adjust status.

how to be out of status? stay here after the I-94 expires.

Gotcha!

They cannot do it in country though. No way around the wait

She cannot petition for him as LPR while he is in the US, so get married in the US, he goes back to his country of origin, she petitions for him as LPR with I-130 and he gets a F2A category, is that what you are saying?

You can apply for an f2a which will take about 1.5-2 years

So, spouses of LPR with an unexpired visa get a F2A category, correct?

That works!

ah, young love.

this is planned, intent to adjust status, prior to arrival in USA?

INTENT matters, at the Port of Entry.

Yes, it is planned.

They even thought about getting married here in the US, he goes back to his country and she petitions for him as LPR with I-130 form.

Thoughts?

Which venue is quicker and safer?

At the end, all they want is to be together.

@Queen Penguin, thank you!

I'll advise her to get started on the citizenship process, but she only has one year as LPR, she needs wait 4 more years to apply for citizenship

Could you please confirm only spouses of US citizens can adjust status?

What if he gets married in the US, goes back to his country before the authorized stay as tourist expires, can we adjust then?

In a nutshell, he arrives 02/01/16, they get married on 02/02/16, we apply once we get the marriage license, is that acceptable?

Please advise.

Thanks all for your prompt response.

Let me clarify, they are looking to adjust status.

She is a soon-to-be 17-year-old LPR, he is a soon-to-be 18-year-old with tourist visa.

I confirmed, they can get married in Maryland, but I understand from your responses she has to be at least 18 years old to petition for him, is that accurate?

Hi folks,

I'm reading the latest I-130 form and I don't find any minimum age to file this form petitioning for a spouse?

Is there a minimum age to petition for a spouse? Or, as long as they have a valid marriage license USCIS should not reject the application?

They both live in Maryland, one has a tourist visa, the other one is a LPR.

Your feedback is appreciated.

Thanks,

...Alex

Thank you for your prompt response!

Good point on "birth mother", she is not adopted.

Hi folks,

My wife just became a US citizen and we plan to bring her birth mother and her minor brother.

His brother is with the same mother, but different father. The father does not wish to come to the US yet.

When applying for her mother, do we need to submit 2 I-130 forms or just one with the mother info as the primary applicant?

Most importantly, when applying for her mother, does her brother get the same visa priority as her mother?

They both live in Peru.

I appreciate your feedback on this.

Thanks,

...Alex

Thank you for your prompt response!

Hi folks,

I'm a little confused regarding the dates posted on the Visa Bulletin vs the USCIS Processing Time.

For instance, my aunt who is a LPR asked for his unmarried son who is 27 back in 2013 using a I-130 form, my cousin is in Peru.

On the February 2016 Visa Bulletin, his category F2B, I think USCIS is processing applications with priority date of May 15, 2009.

http://www.travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-february-2016.html

However, on USCIS Processing Times in the Vermont Service Center, he falls under I-130 "Permanent resident filling for an unmarried son or daughter over 21" with a processing time of September 3, 2012.

https://egov.uscis.gov/cris/processTimesDisplayInit.do

What is the difference between these 2 dates?

Your support is appreciated.

Thanks,

...Alex

You will file 2 i-130s. One for wife, one for child.

Thanks for your prompt response.

I'd like to clarify, the child (12 years old) is my wife's child with another person, not me.

The child will be my step-daughter.

On the I-130 instructions, there is not eligible relative for step-daughter.

On item #17 on the I-130 form, I listed my wife and her child with relationship "daughter", should I put daughter or step-daughter?

Please advise.

Thank you for support.

...Alex

Hi folks,

I am a US citizen, I am filing I-130 form for my wife and her unmarried child.

Do I need to file 2 I-130 forms, one for my wife and one for her child? Or, only one form will suffice?

Please advise.

Thanks,

...Alex