Immigrate through Mother with LPR.. need help!!

[skiptex 225]

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.

did OP mention this part.. or did i miss it..

[aleful 1,905]

did OP mention this part.. or did i miss it..

yep, this is a second thread of the OP.

http://www.visajourney.com/forums/topic/348562-immigrate-through-mother-with-lpr-need-help/

Edited January 24, 2012 by aleful

[skiptex 225]

yep, this is a second thread of the OP.

http://www.visajourney.com/forums/topic/348562-immigrate-through-mother-with-lpr-need-help/

aww yes.. i remember that thread.. thanks

[aaron2020 11,651]

step fathers can petition for spouses kids?

A stepparent can petition for a stepchild if the step-relationship is created before the stepchild's 18th birthday.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=86493e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=86493e4d77d73210VgnVCM100000082ca60aRCRD

Who is Considered to be a "Child" in the Immigration Process?

For immigration purposes, a child can be any of the following:

• A biological child born in wedlock
  
• A biological child born out of wedlock:
  
• • If the mother is petitioning, no legitimation is required.
    
  • If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence.
    
  • If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to
    

  have existed prior to the child’s 21st birthday and while the child was unmarried.

  [*] A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18

  [*] An adopted child if the child was adopted prior to age 16 (one exception is if siblings are adopted, as long as one was under 16, the other could be older than 16 but younger than 18), AND the adopted child has resided in the legal and physical custody of the adoptive parent for 2 years prior to filing (the legal and physical custody do not have to be the same time period, but each must be met for 2 years) NOTE: Most adoption-based immigration occurs through the orphan intercountry or Hague processes. Normally, you would only use the Form I-130 process if your child did not meet the definition of orphan. See the “Adoption” link to the right for more information.

Edited January 24, 2012 by aaron2020

[susie91 0]

ok wow... now im getting confused. So providing my stepfather can petition for me and my age freezes (which is what i read on the USCIS site as correct), how does me coming back as an LPR to marry my partner and the 3 year process work??

[aaron2020 11,651]

ok wow... now im getting confused. So providing my stepfather can petition for me and my age freezes (which is what i read on the USCIS site as correct), how does me coming back as an LPR to marry my partner and the 3 year process work??

Ignore what Gary & Alla posted. They go it completely wrong.

There will be two separate cases - 1) Stepfather petitioning you & 2) You, an LPR, petitioning for a spouse.

First, your US citizen stepfather files the I-130 for you before your 21st birthday. He can do this because he became your stepfather before your 18th birthday. Under the Child Status Protection Act (CSPA), your age will freeze when USCIS receives the I-130. There will be more paperwork. The entire process takes about 6-12 months for you to get an immigration visa. It will not matter if you turn 21 during the process because your age froze on the day that USCIS received the petition. You enter the US as a single person. Marriage before entering on the visa will void the visa - so don't get marry if you want to use the visa. Once you enter the US on the immigration visa, you automatically become a green card holder (LPR). This ends the case for you.

If you want to bring your partner to the US, you will return home after receiving your green card. You marry and file an I-130 for him as your husband. This process takes 3 years. This is F2a family preference case. Read the Guides (button located above) for the steps in bringing him over.

A green card holder is free to travel in and out of the US. So, you are free to go marry and come back. Do not remain outside the US for longer than 6 months. A green card is for living in the US. If you live outside the US for longer than 6 months, you could be deemed to have abandon your green card status.

Edited January 24, 2012 by aaron2020

[Gary and Alla 3,694]

ok wow... now im getting confused. So providing my stepfather can petition for me and my age freezes (which is what i read on the USCIS site as correct), how does me coming back as an LPR to marry my partner and the 3 year process work??

It would not affect your marrying the persom provided you maintined US residency.

There is no three year process for you. Your mother will not receive citizenship before you turn 18 and you therefore are not eligible for 3 year citizenship. You need to wait five years after receiving permanent residency.

The three year process for citizenship applies to the SPOUSE of a US CITIZEN and any children of that spouse under 18 when he/she obtain US citizenship.

Our 16 year old will becoe a citizen next week when Alla does. Our 20 year old son will not, even though he was under 18 when we married. He will have to apply for citizenship himself after he has been a resident for 5 years

Edited January 24, 2012 by Gary and Alla

[Kathryn41 3,205]

As the OP's two threads ended up both discussing the same issues - immigration as a stepchild for the OP - and possibilities of partner to immigrate to the US - I am merging them together into one topic as that will keep all of the information in one place instead of having the conversation take place over two different threads.

Edited January 25, 2012 by Kathryn41

[realizment 18]

You should file petition now anyways and use the time in between to work out what you will do with your partner. because things can change at any time..