Wife is just got her AOS - ? filling I-130 for Daughter

[Mr Twister 1]

Hello all...

First the K1, than the AOS...all good so far

Now, my wife has a daughter that is over 21 and unmarried. My question...several....I take it she can now petition her with the I-130 but is it best to wait till she becomes a Citizen???

Also, it looks like a Perminant resident can apply for Citizen after 3 years? Dazed and confused once adain...

[belinda63 3,038]

She can file for her daughter as an LPR ( about a seven year wait currently) and upgrade the petition when she receives her citizenship which she can apply for three years less 90 days after her "resident since" date based upon her marriage to you. If you divorce or if the daughter marries of course this will change things a bit.

[payxibka 10,045]

Hello all...

First the K1, than the AOS...all good so far

Now, my wife has a daughter that is over 21 and unmarried. My question...several....I take it she can now petition her with the I-130 but is it best to wait till she becomes a Citizen???

Also, it looks like a Perminant resident can apply for Citizen after 3 years? Dazed and confused once adain...

As a resident, her unmarried child will be classified as F2B. Current wait for an available visa number is 7 years for petitions filed today. She can file her petition, and when she becomes a citizen then she can upgrade her petition to F1 which cuts the available visa wait time by two years.

So at the earliest the daughter can be here is in about 5 years if a petition is submitted today.

Yes, your wife can become a citizen once she is eligible to apply. If based on a marriage to a USC, eligibility to apply is the latest of three dates. 1) three years married, 2) three years as a resident, 3) three years after the USC spouse became a USC. Calculate the three dates and the latest date is the citizenship application eligibility date. Application window opens 90 days prior to that latest date.