Filing for additional child while CR-1 in progress

[bxa 0]

My wife has 2 children from other marriages. For her and a 11 year old I filed CR-1 in October. Now the second child who is 20 years old may like to come with them. Can I even file him as a dependent - not sure. Is 21 years of age a cutoff point? Also if I file a petition for him, whill that delay the CR-1 that I already filed for my wife with her other child?

I thought that once my wife and a 11 year old do come to US, the second child will have to wait for my wife to become a US citizen - a process that usually takes 5 years.

Thanks!

[Jojo92122 1,924]

My wife has 2 children from other marriages. For her and a 11 year old I filed CR-1 in October. Now the second child who is 20 years old may like to come with them. Can I even file him as a dependent - not sure. Is 21 years of age a cutoff point? Also if I file a petition for him, whill that delay the CR-1 that I already filed for my wife with her other child?

I thought that once my wife and a 11 year old do come to US, the second child will have to wait for my wife to become a US citizen - a process that usually takes 5 years.

Thanks!

You can file for the 20 years old only if you married the mom before the child's 18th birthday. If the marriage occurred before his 18th birthday, you are treated as his stepparent for immigration purposes and you can petition for him. If the marriage occurred after his 18th birthday, you cannot petition for him.

Read the instructions for Form I-130.

If you can file for him, his case is independent from the cases for his mother and the 11 years old sibling. He will have his own separate interview. It will take about 6-12 months for him to get a visa.

If you cannot file for him, his mother can file for him when she becomes a legal permanent resident. However, this will take years. It could be 3-7 years before he can get a visa this way.

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Instructions for Form I-130.

Who May Not File Form I-130?

You may not file for a person in the following categories:

1. An adoptive parent or adopted child, if the adoption took place after the child's 16th birthday, or if the child has not been in the legal custody and living with the parent(s) for at least 2 years prior to the filing of the petition.

2. A natural parent, if the U.S. citizen son or daughter gained permanent residence through adoption.

3. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

Edited January 15, 2011 by Jojo92122

[bxa 0]

Right, thanks for the clarification. That's what I thought. We married after his 18th birthday.

One thing though: I thought that if I was bringing a fiance to the US (instead of wife), I could file for a child before his 21st birthday. Is that true?