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Sisyphus

Conditional LPR and I130 filing w/ CSPA

By Sisyphus in Bringing Family Members of Permanent Residents to America

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Sisyphus Contributor

Sisyphus   1

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Filed: K-1 Visa Country: China
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I am trying to work out the logistics for getting my fiancee and her 19yo son here. I am the USC. We have some hurdles to overcome, so..

It is undecided if we will go with a K1 or get married and go the CR1 route, and when we will file. Just trying to understand the options.

It is my understanding that in each path my wife will, at some point, have a conditional (2 Yr) green card. Because of age out issues it may be the most advantagous for her to file a I130 for her son once she gets her GC. Also we would need CSPA to keep her son from aging out of the F2A classification. Since the availability date for F2A now is only a 5 month wait, this looks good.

I have used the age out calculator and determined that we have until about 2/15/2012 to file the I130 if (I know it's a big if) the F2A availability date and USCIS processing time are in the same ballpark as they are now.

Is there any restriction on a conditional LPR filing I130 for a child?

He is her natural child. Is there any step child issue here since we will be married after his 18th bday?

Is there any restriction on a conditional LPR using CSPA to keep her son from aging out of F2A?

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