Immigrate through Mother with LPR.. need help!!

[susie91 0]

Hi everyone,

I have found myself in a difficult situation and need some good advice and as much information as possible.

Heres my story,

I am an Australia citizen and so is my mother and brother. 3 years ago my mother and brother moved to the USA on a fiance Visa and gained their LPRS. At the time i did not go with them as I had strong ties with australia. I would now like to join them in the USA but unfortunetly I am not classed as an "immediate relative" as my mother doesnt receive her citizenship til august this year and I unfortunetly turn 21 in april. So from what i can see there are two was for us to go about the situation.

1. My mother files for me now as a minor child (before april) of an LPR. (Family second preference)

- My only problem with filing now is, would i age-out or would my age freeze if the processing time puts me over 21? how would this work?

2. We wait until my mother recieves her citizenship in august and then she files for me under a Family preference immigrant visa. (Family first preference)

- How long would this way take? From my research it seemed as if it would take years?

Could someone please give me advice on the best way to approach this. Thankyou very much

[RICARDO4EVA2 194]

Hi everyone,

I have found myself in a difficult situation and need some good advice and as much information as possible.

Heres my story,

I am an Australia citizen and so is my mother and brother. 3 years ago my mother and brother moved to the USA on a fiance Visa and gained their LPRS. At the time i did not go with them as I had strong ties with australia. I would now like to join them in the USA but unfortunetly I am not classed as an "immediate relative" as my mother doesnt receive her citizenship til august this year and I unfortunetly turn 21 in april. So from what i can see there are two was for us to go about the situation.

1. My mother files for me now as a minor child (before april) of an LPR. (Family second preference)

- My only problem with filing now is, would i age-out or would my age freeze if the processing time puts me over 21? how would this work?

2. We wait until my mother recieves her citizenship in august and then she files for me under a Family preference immigrant visa. (Family first preference)

- How long would this way take? From my research it seemed as if it would take years?

Could someone please give me advice on the best way to approach this. Thankyou very much

Welcome to the site. Questions for you - is your mother still married to the same person she came to the USA to be with..? What was your age WHEN your mother got married - BEFORE you turned..18??

[susie91 0]

Welcome to the site. Questions for you - is your mother still married to the same person she came to the USA to be with..? What was your age WHEN your mother got married - BEFORE you turned..18??

thankss yes they are still married and they have a 2 yr old child. I was 17 when she got married.

[aleful 1,905]

Hi everyone,

I have found myself in a difficult situation and need some good advice and as much information as possible.

Heres my story,

I am an Australia citizen and so is my mother and brother. 3 years ago my mother and brother moved to the USA on a fiance Visa and gained their LPRS. At the time i did not go with them as I had strong ties with australia. I would now like to join them in the USA but unfortunetly I am not classed as an "immediate relative" as my mother doesnt receive her citizenship til august this year and I unfortunetly turn 21 in april. So from what i can see there are two was for us to go about the situation.

1. My mother files for me now as a minor child (before april) of an LPR. (Family second preference)

- My only problem with filing now is, would i age-out or would my age freeze if the processing time puts me over 21? how would this work?

2. We wait until my mother recieves her citizenship in august and then she files for me under a Family preference immigrant visa. (Family first preference)

- How long would this way take? From my research it seemed as if it would take years?

Could someone please give me advice on the best way to approach this. Thankyou very much

ditto, how old were you when they married under 18? If so, he can still file for you, especially if you are under 21.

[RICARDO4EVA2 194]

thankss yes they are still married and they have a 2 yr old child. I was 17 when she got married.

i would suggest your step father, your mother's husband submit the I130 for you before you turn 21... as soon as possible.

[susie91 0]

would i ageout during the processing time? or would my age freeze. I didnt know he could petition for me? please explain it to me in detail. thanks

Edited January 24, 2012 by susie91

[aleful 1,905]

would i ageout during the processing time? or would my age freeze. I didnt know he could petition for me? please explain it to me in detail. thanks

Yes, he can file for you at any time, so have him file the i130 immediatly before you turn 21. if not it will be the same amount of time as if your mother filed for you as a child of a USC over 21. you are still considered immediate family since you are under 21 and you won't age out.

Edited January 24, 2012 by aleful

[RICARDO4EVA2 194]

would i ageout during the processing time? or would my age freeze. I didnt know he could petition for me? please explain it to me in detail. thanks

IF they were married before you turned 17 years old then her husband can petition for you. He must do it now.. your age is likely to be frozen - protected under CAPA. http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf

i know you said she came to the USA as a fiance... but the marriage (on paper should be before you turned 18) not thinking on the date she departed to the USA

[susie91 0]

so if he files for me before im 21 how long will that take on average? what happens if i turn 21 during the processing time?

so if they were married before i was 17 or before i was 18... which one is it

Edited January 24, 2012 by susie91

[RICARDO4EVA2 194]

would i ageout during the processing time? or would my age freeze. I didnt know he could petition for me? please explain it to me in detail. thanks

Read this too...

http://www.visajourney.com/forums/topic/110854-child-aging-out-cspa-may-help/

so if he files for me before im 21 how long will that take on average? what happens if i turn 21 during the processing time?

so if they were married before i was 17 or before i was 18... which one is it

was an error it is 18. cspa kicks, 10 months on avg

[susie91 0]

Read this too...

http://www.visajourney.com/forums/topic/110854-child-aging-out-cspa-may-help/

was an error it is 18. cspa kicks, 10 months on avg

is that 10 months to actually get over there or just 10 months to process the application and then i will have to wait in line?

[susie91 0]

is that 10 months to actually get over there or just 10 months to process the application and then i will have to wait in line?

also, am i classed as my step fathers child??

[RICARDO4EVA2 194]

is that 10 months to actually get over there or just 10 months to process the application and then i will have to wait in line?

also, am i classed as my step fathers child??

yes - visa class IR2

Edited January 24, 2012 by RICARDO4EVA2

[aaron2020 11,651]

Your US citizen stepfather petitions you as his child. If he files the I-130 before your 21st birthday, you could get an immigration visa within 6-12 months. Make sure to mail the petition as soon as possible. The filing date is the date that USCIS receives the petition; not the day it is mailed. So don't wait until the last minute.

[susie91 0]

oh ok. i didnt know we could do it that way. my only problem now is. I have a partner (unmarried) and i have to decide whether to do it or not. we would have to have a long distance relationship for 5 years. dont think it would work.