stepson turning 21 in January and time running out

[tomcat 0]

My stepson is turning 21 this January and we applied back in February to bring him here to the US from the Philippines .

We have a couple of months left and my understanding our next step is the interview in Manila .

Our question is if he does get his visa before his 21 birthday { he is 20 now and his 21st birthday is January 2nd 2012 }

can he still enter the US after he turns 21 but with visa in hand

If i remember right my wife had 6mo to enter with her K1 visa

[Jojo92122 1,924]

My stepson is turning 21 this January and we applied back in February to bring him here to the US from the Philippines .

We have a couple of months left and my understanding our next step is the interview in Manila .

Our question is if he does get his visa before his 21 birthday { he is 20 now and his 21st birthday is January 2nd 2012 }

can he still enter the US after he turns 21 but with visa in hand

If i remember right my wife had 6mo to enter with her K1 visa

Did a US citizen file for him? If yes, then this is an Immediate Relative case and his age froze on his Priority Date. If no and an LPR filed for him, then he will probably age out from the F2a category to the F2b category.

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Did a US citizen or an LPR file for him? There can only be one petitioner - either you or your wife. Is your wife is the petitioner, is she a US citizen & when did she become one?

Did you marry his mother before his 18th birthday?

[tomcat 0]

Did a US citizen file for him? If yes, then this is an Immediate Relative case and his age froze on his Priority Date. If no and an LPR filed for him, then he will probably age out from the F2a category to the F2b category.

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Did a US citizen or an LPR file for him? There can only be one petitioner - either you or your wife. Is your wife is the petitioner, is she a US citizen & when did she become one?

Did you marry his mother before his 18th birthday?

I applied for him a US citizen, mom is a permanent resident status

I do not understand category's

But we married on august believe8 i belive before he was 18 but got to double check

[Jojo92122 1,924]

I applied for him a US citizen, mom is a permanent resident status

I do not understand category's

But we married on august believe8 i belive before he was 18 but got to double check

Immigration beneficiaries are placed into various visa categories depending on the status of the petitioner (US citizen or legal permanent resident) and the familial relationship between the petitioner and beneficiary. How quickly a visa is available to a person depends on his/her category.

There are two general categories - Immediate Relatives and Family Preferences.

Immediate Relatives beneficiaries are the parents, spouses, and unmarried children under age 21 of a US citizen. There are no limits on the number of visas for the Immediate Relative category. A US citizen can petition for a stepchild if the stepparent/stepchild relationship was created before the stepchild's 18th birthday.

There is a limited number of visas available in the Family Preference category. Family Preference may wait for years for visas to become available to them. For example, a Filipino sibling petitioned by a US citizen has to wait 23 years for a visa. The Family Preference category is subdivided into the F1, F2a, F2b, F3 and F4 categories.

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Here's the specific on your situation.

Your stepson was born on 01/01/1991. You married his mom on 08/15/2008 and established the stepparent/stepchild relationship before his 18th birthday. This allowed you to petition for him as your Immediate Relative.

Under the Child Status Protection Act (CSPA), his age was "frozen" on the day that USCIS received the I-130 (a.k.a. the Priority Date or PD). You filed when he was 20 years old, so his age will forever be 20 for immigration purposes under this petition. Nothing changes when he turns 21 because his age for immigration purposes is 20. Your stepson will be eligible for a visa after his 21st birthday, so don't fret about it if his 21st birthday passes and he is still waiting for a visa.

The visa will expire after six months or when his medical exam expires; whichever occurs first.

[JimVaPhuong 4,863]

I applied for him a US citizen, mom is a permanent resident status

I do not understand category's

But we married on august believe8 i belive before he was 18 but got to double check

If you had married after he was 18 then you wouldn't have been eligible to petition for him, and the petition would have been denied.

As Jojo said, his age was frozen for immigration purposes on the day his petition was received by USCIS.

[tomcat 0]

Immigration beneficiaries are placed into various visa categories depending on the status of the petitioner (US citizen or legal permanent resident) and the familial relationship between the petitioner and beneficiary. How quickly a visa is available to a person depends on his/her category.

There are two general categories - Immediate Relatives and Family Preferences.

Immediate Relatives beneficiaries are the parents, spouses, and unmarried children under age 21 of a US citizen. There are no limits on the number of visas for the Immediate Relative category. A US citizen can petition for a stepchild if the stepparent/stepchild relationship was created before the stepchild's 18th birthday.

There is a limited number of visas available in the Family Preference category. Family Preference may wait for years for visas to become available to them. For example, a Filipino sibling petitioned by a US citizen has to wait 23 years for a visa. The Family Preference category is subdivided into the F1, F2a, F2b, F3 and F4 categories.

=============

Here's the specific on your situation.

Your stepson was born on 01/01/1991. You married his mom on 08/15/2008 and established the stepparent/stepchild relationship before his 18th birthday. This allowed you to petition for him as your Immediate Relative.

Under the Child Status Protection Act (CSPA), his age was "frozen" on the day that USCIS received the I-130 (a.k.a. the Priority Date or PD). You filed when he was 20 years old, so his age will forever be 20 for immigration purposes under this petition. Nothing changes when he turns 21 because his age for immigration purposes is 20. Your stepson will be eligible for a visa after his 21st birthday, so don't fret about it if his 21st birthday passes and he is still waiting for a visa.

The visa will expire after six months or when his medical exam expires; whichever occurs first.

This is great information it really puts a relief on us

I really didn’t research on this as I did on our K1 so im really in the dark

I was dumfounded on some additional fees and information we had to provide to continue this process so this is all new to us

We would have been sadden since we have put out close a 1000 dollars in fees to find out he aged out

Again thanks to everybody for the information