Immigrate through Mother with LPR.. need help!!

[susie91 0]

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.

is there any follow-to-join benefits that my partner could be elegible for?

[aleful 1,905]

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.

not really, it would be less than that. once you become a LPR and arrive to the US, you can go back and marry him.

then file for him as spouse of a LPR. which would take more than 2 years, 2 to 3 years of waiting. a lot less than 5 years.

and yes there it is a big decision, but you don't have a lot of time to decide.

[susie91 0]

hi everyone,

Thanks to your help I have a way to reunite with my family in the USA. My step father will petition for me as a child (under 21 and unmarried) of a USC, this makes me an immediate relative and will most probably be able to go to the USA within 6 months to a year.

Now i have another problem guys,

my current partner and i are fairly serious but i turn 21 in 3 months which means i only have a small window to be petitioned as an immediate relative. If i wait until after im 21 then the process could take years.

basically i need to know if theirs anyway he can come too (for example if we got married) and how long that process could take etc etc.

please help this is such a hard decision and i only have a small amount of time to make it.

[Pitaya 2,577]

Welcome to the forum.

Review the Guides for good information on the various fiance(e) and spousal visa alternatives available to you.

Good luck.

[aaron2020 11,651]

is there any follow-to-join benefits that my partner could be elegible for?

No.

As an LPR, you can petition for a spouse. It will take about 3 years for your spouse to get an immigration visa.

------------

Please be careful. You must remain single if you want to immigrate within the next year. It takes 6-12 months for a US citizen to petition for an unmarried child under 21. It takes 10 years for a US citizen to petition for a married child. So, don't get marry if you want a green card within the next 6-12 months.

Some people in your situation will immigrate to the US to obtain their legal permanent residency. Once they are LPRs, they go back home to marry. Then, they file for their spouses.

Edited January 24, 2012 by aaron2020

[aaron2020 11,651]

hi everyone,

Thanks to your help I have a way to reunite with my family in the USA. My step father will petition for me as a child (under 21 and unmarried) of a USC, this makes me an immediate relative and will most probably be able to go to the USA within 6 months to a year.

Now i have another problem guys,

my current partner and i are fairly serious but i turn 21 in 3 months which means i only have a small window to be petitioned as an immediate relative. If i wait until after im 21 then the process could take years.

basically i need to know if theirs anyway he can come too (for example if we got married) and how long that process could take etc etc.

please help this is such a hard decision and i only have a small amount of time to make it.

If you get marry, you will no longer qualify as an Immediate Relative which allows you to immigrate to the US within the next 6-12 months.

It takes 10 years for a US citizen to petition for a married child. If you get marry before you immigrate to the US, you will have to wait 10 years for an immigration visa.

---------------

This is what you want to do if you want the quickest route to the US for you and your partner:

1. Immigrate as an Immediate Relative; US citizen stepfather files for you, his unmarried child under 21. This takes 6-12 months.

2. You fly to the US as a single woman and get your green card.

3. You return home to marry.

4. You file for your spouse where the wait is about 3 years for an immigration visa.

[susie91 0]

If you get marry, you will no longer qualify as an Immediate Relative which allows you to immigrate to the US within the next 6-12 months.

It takes 10 years for a US citizen to petition for a married child. If you get marry before you immigrate to the US, you will have to wait 10 years for an immigration visa.

---------------

This is what you want to do if you want the quickest route to the US for you and your partner:

1. Immigrate as an Immediate Relative; US citizen stepfather files for you, his unmarried child under 21. This takes 6-12 months.

2. You fly to the US as a single woman and get your green card.

3. You return home to marry.

4. You file for your spouse where the wait is about 3 years for an immigration visa.

i was reading that if i returned home to marry then it would jeopardise my LPR as its classed as not intending to return to the USA. I also read that LPRS can not apply for fiance or spouse visas. (meaning i would have to wait 5 years for my citizenship first).

[Gary and Alla 3,694]

hi everyone,

Thanks to your help I have a way to reunite with my family in the USA. My step father will petition for me as a child (under 21 and unmarried) of a USC, this makes me an immediate relative and will most probably be able to go to the USA within 6 months to a year.

Now i have another problem guys,

my current partner and i are fairly serious but i turn 21 in 3 months which means i only have a small window to be petitioned as an immediate relative. If i wait until after im 21 then the process could take years.

basically i need to know if theirs anyway he can come too (for example if we got married) and how long that process could take etc etc.

please help this is such a hard decision and i only have a small amount of time to make it.

Moot point. You have no decision to make. CR2-IR2 visas must be issued BEFORE a person turns 21. The petition takes 10-12 months to process and a visa to be issued. You are too late. You will turn 21 before the visa will be issued making you ineligible to be petitioned by your step father. Your mother can petition you when she becomes a citizen

As to your first question, IF you could be petitioned now you could become a citizen in 5 years and after that petition your fiancee or spouse.

Your best bet now is for your mother to petition you after she becomes a citizen and wait 7-10 years. At that point it will not matter if you are married or not.

[Gary and Alla 3,694]

i was reading that if i returned home to marry then it would jeopardise my LPR as its classed as not intending to return to the USA. I also read that LPRS can not apply for fiance or spouse visas. (meaning i would have to wait 5 years for my citizenship first).

LPRs can petition a spouse, not a fiancee. LPRs CAN get married in another country and not lose their Green Cards. The most important information you have mistaken is that you are not eligible to be petitioned. They WILL accept the petition and the fee but unless the VISA is issued before you turn 21, you are not eligible. Even with an expedite I seriously doubt it could be done in less than 3 months

If you think you have any chance, you need to file the petition TODAY with a request for an expedite due to age out. Good luck

[Gary and Alla 3,694]

hi everyone,

Thanks to your help I have a way to reunite with my family in the USA. My step father will petition for me as a child (under 21 and unmarried) of a USC, this makes me an immediate relative and will most probably be able to go to the USA within 6 months to a year.

Now i have another problem guys,

my current partner and i are fairly serious but i turn 21 in 3 months which means i only have a small window to be petitioned as an immediate relative. If i wait until after im 21 then the process could take years.

basically i need to know if theirs anyway he can come too (for example if we got married) and how long that process could take etc etc.

please help this is such a hard decision and i only have a small amount of time to make it.

How was your mother petitioned? If she came as a CR-1 (spouse) then the marriage had to occur before you turned 18 in order to be petitioned and the visa must be issued and you must enter the United States with that visa before you turn 21

If she came as a K-1 (fiancee) it does not matter if the marriage occurred before or after you turned 18 BUT you must still be issued your visa and enter the USA using that visa before you turn 21.

IF your mother was a K-1 AND her visa was issued less than 12 months ago, your step father can make an interview for you for a K-2 visa. In this case there is no "petition" involved, he just makes an appointment for the visa interview using your mothers petition. This would be your only opportunity to actually get a visa before turning age 21.

This was all clarified in court rulings in 2011 which set the definitions for the issuance of visas which are affected by age. However, at no time, was it based on the date of filing a petition. The visa must be ISSUED and you must arrive within the United States before your 21st birthday.

[RICARDO4EVA2 194]

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.

well.. which is more important .. a relationship now that has no assurance..? A better/closer life with your family..? Advancement...? Go ahead and do it.. you have well qualified people like myself here

is there any follow-to-join benefits that my partner could be elegible for?

no

[Justine+David 218]

You are very young and I would advise you to go to the US. You don't want it to take years and years for you to be able to live near/with your mom and see your siblings. What would be less than a year's wait could be a few years and where are you if this relationship doesn't work out?

If you are a LPR, you can visit your partner (of the opposite sex? same sex marriage not allowed under federal immigration rules, unfortunately) and they can visit you on VWP asssuming they have no prior convictions or overstays.

[aaron2020 11,651]

Moot point. You have no decision to make. CR2-IR2 visas must be issued BEFORE a person turns 21. The petition takes 10-12 months to process and a visa to be issued. You are too late. You will turn 21 before the visa will be issued making you ineligible to be petitioned by your step father. Your mother can petition you when she becomes a citizen

This is incorrect. Under the CSPA, her age freezes when her stepfather files for her as his unmarried under 21 years old child. The CR2-IR2 can be issued after her 21st birthday. She can enter the US after her 21st birthday.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1f0c0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=1f0c0a5659083210VgnVCM100000082ca60aRCRD

Child Status Protection Act (CSPA)

The Child Status Protection Act (CSPA) amended the Immigration Nationality Act (INA) by changing who qualifies as a child for purposes of immigrant. This permits certain beneficiaries (see the glossary for a definition of the term “beneficiary”) to retain classification as a “child,” even if he or she has reached the age of 21.

Age Out

A “child” is defined as an individual who is unmarried and under the age of 21. Before CSPA took effect on August 6, 2002, a beneficiary who turned 21 at any time prior to receiving permanent residence could not be considered a child for immigration purposes. This situation is described as “aging out.” Congress recognized that many beneficiaries were aging out because of large backlogs and long processing times for visa petitions. CSPA is designed to protect a beneficiary’s immigration classification as a child when he or she ages out due to excessive processing times. CSPA can protect “child” status for family-based immigrants, employment-based immigrants, and some humanitarian program immigrants (refugees, asylees, VAWA).

How to Qualify for CSPA

Immediate Relative

If the petition (Form I-130, Petition for Alien Relative) was filed by a U.S. citizen parent for his or her child, the beneficiary’s age “freezes” on the date of filing.

As to your first question, IF you could be petitioned now you could become a citizen in 5 years and after that petition your fiancee or spouse.

Your best bet now is for your mother to petition you after she becomes a citizen and wait 7-10 years. At that point it will not matter if you are married or not.

This is incorrect.

The fastest route if for her stepfather to file for her. The step-relationship was created before her 18th birthday. If he files for her as his Immediate Relative before her 21st birthday, her age freezes under CSPA. Even if she turns 21, her age for immigration purposes would be frozen as under 21. She will qualify for a visa within 6-12 months.

After she becomes an LPR, she can return home to marry and petition her spouse. This would take about 3 years.

LPRs can petition a spouse, not a fiancee. LPRs CAN get married in another country and not lose their Green Cards. The most important information you have mistaken is that you are not eligible to be petitioned. They WILL accept the petition and the fee but unless the VISA is issued before you turn 21, you are not eligible. Even with an expedite I seriously doubt it could be done in less than 3 months

If you think you have any chance, you need to file the petition TODAY with a request for an expedite due to age out. Good luck

This is incorrect. Her age freeze under CSPA. She can get a visa after age 21.

How was your mother petitioned? If she came as a CR-1 (spouse) then the marriage had to occur before you turned 18 in order to be petitioned and the visa must be issued and you must enter the United States with that visa before you turn 21

If she came as a K-1 (fiancee) it does not matter if the marriage occurred before or after you turned 18 BUT you must still be issued your visa and enter the USA using that visa before you turn 21.

IF your mother was a K-1 AND her visa was issued less than 12 months ago, your step father can make an interview for you for a K-2 visa. In this case there is no "petition" involved, he just makes an appointment for the visa interview using your mothers petition. This would be your only opportunity to actually get a visa before turning age 21.

This was all clarified in court rulings in 2011 which set the definitions for the issuance of visas which are affected by age. However, at no time, was it based on the date of filing a petition. The visa must be ISSUED and you must arrive within the United States before your 21st birthday.

Incorrect.

Edited January 24, 2012 by aaron2020

[skiptex 225]

step fathers can petition for spouses kids?

[aleful 1,905]

step fathers can petition for spouses kids?

yes, if the marriage took place before the child's 18th birthday. if the spouses' children were 18 or over at the time of marriage, then no.