How long for LPR to bring children?

[Caroline and Phil 14]

Hi VJ friends!

I was talking to a friend today and she's upset because she misses her children.

The thing is: she came to the US with a tourist Visa and she got married here to a USC. She's been living here for 3 years and she's is now having ROC being processed.

When I was talking to her I said, so why don't you bring your children, can't you request them a visa or petition something?

She said the it would take around 5 years to be processed and her daughter was crying because she thought the could petition and she would be able to come until the end of this year.

So, is it true that it takes that long to a LPR to bring their kids? Is there some other kind of petition that would make it faster? Her kids are under 21, I think her daughter is 15 or 16 and they are all unmarried.

Thanks in advance.

Lisa

[RICARDO4EVA2 194]

Hi VJ friends!

I was talking to a friend today and she's upset because she misses her children.

The thing is: she came to the US with a tourist Visa and she got married here to a USC. She's been living here for 3 years and she's is now having ROC being processed.

When I was talking to her I said, so why don't you bring your children, can't you request them a visa or petition something?

She said the it would take around 5 years to be processed and her daughter was crying because she thought the could petition and she would be able to come until the end of this year.

So, is it true that it takes that long to a LPR to bring their kids? Is there some other kind of petition that would make it faster? Her kids are under 21, I think her daughter is 15 or 16 and they are all unmarried.

Thanks in advance.

Lisa

Hello Lisa... For a LPR to petition a Spouse or Unmarried Minor Child it takes 2-3 years currently. In the past it was a longer process and processing of these cases has shown ongoing improvements in processing times.

Since the Children were under 18 and she was married to her Husband. who is a US Citizen.... he CAN petition for those children as his children. It's Still POSSIBLE that they could be here as early as December 2012 If the petitions are filed now.

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

Step-parent (step-mother or step-father)

• A copy of your step-child’s birth certificate issued by civil authorities
• A copy of your civil marriage certificate to your step-child’s biological parent
• Proof of the legal termination of all previous marriages for you and/or the biological parent (divorce decree, death certificate, annulment decree)

[aleful 1,905]

Hi VJ friends!

I was talking to a friend today and she's upset because she misses her children.

The thing is: she came to the US with a tourist Visa and she got married here to a USC. She's been living here for 3 years and she's is now having ROC being processed.

When I was talking to her I said, so why don't you bring your children, can't you request them a visa or petition something?

She said the it would take around 5 years to be processed and her daughter was crying because she thought the could petition and she would be able to come until the end of this year.

So, is it true that it takes that long to a LPR to bring their kids? Is there some other kind of petition that would make it faster? Her kids are under 21, I think her daughter is 15 or 16 and they are all unmarried.

Thanks in advance.

Lisa

not true, now it is only 3 years. but why hasn't her husband filed for them as a stepparent? they would have been here already? it takes a year or less if a USC stepparent files for them.

or she could have filed for her children as soon as she became a LPR.

if she is so upset, why didn't she do anything sooner?

[Caroline and Phil 14]

Hello Lisa... For a LPR to petition a Spouse or Unmarried Minor Child it takes 2-3 years currently. In the past it was a longer process and processing of these cases has shown ongoing improvements in processing times.

Since the Children were under 18 and she was married to her Husband. who is a US Citizen.... he CAN petition for those children as his children. It's Still POSSIBLE that they could be here as early as December 2012 If the petitions are filed now.

http://www.uscis.gov...000082ca60aRCRD

Step-parent (step-mother or step-father)

• A copy of your step-child's birth certificate issued by civil authorities
• A copy of your civil marriage certificate to your step-child's biological parent
• Proof of the legal termination of all previous marriages for you and/or the biological parent (divorce decree, death certificate, annulment decree)

Really?

Oh I'll let her know right now!!! I think she thought he couldn't do that as stepfather. Thank you so much!

not true, now it is only 3 years. but why hasn't her husband filed for them as a stepparent? they would have been here already? it takes a year or less if a USC stepparent files for them.

or she could have filed for her children as soon as she became a LPR.

if she is so upset, why didn't she do anything sooner?

I think she thought she had to wait for her ROC to be processed since she still has her temporary green card.

Thank you.

[RICARDO4EVA2 194]

Really?

Oh I'll let her know right now!!! I think she thought he couldn't do that as stepfather. Thank you so much!

yes... Really. he can do that.. long as they are married and will be.

I think she thought she had to wait for her ROC to be processed since she still has her temporary green card.

Naah... he can still do it.. So hope she can stop stressing now and the young one will cry no more.

[aaron2020 11,651]

Really?

Oh I'll let her know right now!!! I think she thought he couldn't do that as stepfather. Thank you so much!

I think she thought she had to wait for her ROC to be processed since she still has her temporary green card.

Thank you.

US citizen stepfather could have petitioned for any unmarried stepchild who were under age 18 when the marriage occurred. He could have petitioned them on the day that he married mom. Those kids could have been here in about a year after he petitioned them. This is still the quickest way for the kids to immigrate.

Mom could have filed on the day she received her conditional green card. Taking retrogression in Jan 2011 into account, those kids would have been here by now if she had filed when she got married.

They could have found all this out when they file for mom to adjust. They could have figured all of this out with a free consultation or low cost consultation with an immigration attorney. Sometimes, spending a few dollars for a quick consultation can save a lot of heartaches.

Have US citizen dad file today. Those kids will be here within a year.

[Ning 619]

Really?

Oh I'll let her know right now!!! I think she thought he couldn't do that as stepfather. Thank you so much!

I think she thought she had to wait for her ROC to be processed since she still has her temporary green card.

Thank you.

She needs to check with the embassy to find out what it takes to bring those kids out of Brazil. The father has certian legal rights that must be respected. Do not ignore this important aspect.

[RICARDO4EVA2 194]

She needs to check with the embassy to find out what it takes to bring those kids out of Brazil. The father has certian legal rights that must be respected. Do not ignore this important aspect.

sounds like she had this covered.. she was going to do it either way it appears after her removal of the ROC.

[Caroline and Phil 14]

Naah... he can still do it.. So hope she can stop stressing now and the young one will cry no more.

Thank you very much! I am sure she'll be happy when she reads this.

US citizen stepfather could have petitioned for any unmarried stepchild who were under age 18 when the marriage occurred. He could have petitioned them on the day that he married mom. Those kids could have been here in about a year after he petitioned them. This is still the quickest way for the kids to immigrate.

Mom could have filed on the day she received her conditional green card. Taking retrogression in Jan 2011 into account, those kids would have been here by now if she had filed when she got married.

They could have found all this out when they file for mom to adjust. They could have figured all of this out with a free consultation or low cost consultation with an immigration attorney. Sometimes, spending a few dollars for a quick consultation can save a lot of heartaches.

Have US citizen dad file today. Those kids will be here within a year.

Yes, I told her there was a way I just didn't know how. You guys are awesome, thank you!!!!

I sent her this link so she can see the responses.

She needs to check with the embassy to find out what it takes to bring those kids out of Brazil. The father has certian legal rights that must be respected. Do not ignore this important aspect.

True! she might need an authorization from him. The kid live with their grandparents and I'm sure this is why they didn't come before. Thank you.

[Ning 619]

sounds like she had this covered.. she was going to do it either way it appears after her removal of the ROC.

Not according to his post.

" True! she might need an authorization from him. The kid live with their grandparents and I'm sure this is why they didn't come before. Thank you".

[Dave&Roza 748]

She has been here for 3 years. How long has she been married to her husband? How long has she been a LPR? I gather by the ROC it is about 2 years--correct. She can wait for another year and file for USC. Once a USC she can petiton for her children should her husband not do so before then. Faster then the LPR method, but not as fast if the husband petitions her children.

Good luck,

Dave

[aaron2020 11,651]

She has been here for 3 years. How long has she been married to her husband? How long has she been a LPR? I gather by the ROC it is about 2 years--correct. She can wait for another year and file for USC. Once a USC she can petiton for her children should her husband not do so before then. Faster then the LPR method, but not as fast if the husband petitions her children.

Good luck,

Dave

If her husband does not file, then wouldn't it be quicker for her to file now so USCIS can approve the I-130s and upgrade upon getting her citizenship? Why bother waiting to naturalize and then file and have to wait for USCIS to approve the I-130s.

[Marianouveau 0]

If her husband does not file, then wouldn't it be quicker for her to file now so USCIS can approve the I-130s and upgrade upon getting her citizenship? Why bother waiting to naturalize and then file and have to wait for USCIS to approve the I-130s.

if the stepdad file it will be faster.

and he can do it. special the kiddos are under 18

[Caroline and Phil 14]

If her husband does not file, then wouldn't it be quicker for her to file now so USCIS can approve the I-130s and upgrade upon getting her citizenship? Why bother waiting to naturalize and then file and have to wait for USCIS to approve the I-130s.

So, do they update the process once she becomes a citizen?

I think her husband would file, the thing is she asked somebody and they said he would have do adopt them first and that would take long time!

I think if he can file it's much better because if something happens and she has a looong naturalization journey (like me because of my fingerprints) it would take too long to her to have her kids here.

Not according to his post.

" True! she might need an authorization from him. The kid live with their grandparents and I'm sure this is why they didn't come before. Thank you".

Yes. I'm not sure, I would have to ask her, but I am sure they live with their grandparents.

She has been here for 3 years. How long has she been married to her husband? How long has she been a LPR? I gather by the ROC it is about 2 years--correct. She can wait for another year and file for USC. Once a USC she can petiton for her children should her husband not do so before then. Faster then the LPR method, but not as fast if the husband petitions her children.

Good luck,

Dave

I believe it's been 2 years because she has her ROC ongoing and already received 1 year extension for her permanent resident card.

if the stepdad file it will be faster.

and he can do it. special the kiddos are under 18

That would be the best option.

Thank you everybody for the replies.

[aaron2020 11,651]

So, do they update the process once she becomes a citizen?

I think her husband would file, the thing is she asked somebody and they said he would have do adopt them first and that would take long time! Somebody is wrong. Adoption is not required. The only requirement is that the stepparent /stepchild relationship be established (through marriage to mom) before the stepchild's 18th birthday.

I think if he can file it's much better because if something happens and she has a looong naturalization journey (like me because of my fingerprints) it would take too long to her to have her kids here.

Yes. I'm not sure, I would have to ask her, but I am sure they live with their grandparents.

I believe it's been 2 years because she has her ROC ongoing and already received 1 year extension for her permanent resident card.

That would be the best option.

Thank you everybody for the replies.

The US citizen stepfather petitioning for the children is the quickest way to bring them to the US. As long as the child was under age 18 when the marriage to mom occurred, he can petition for them. He does not need to adopt them. Adoption is not a requirement for him to petition the children. He can file today!!!!! He meets the single requirement (stepparent/stepchild before age 18) to be able to petition for them. This is by far the best and quickest way for the children to immigrate to the US.

The second quickest way for them to immigrate to the US is through mom. If she files now as an LPR, she can upgrade the petitions when she becomes a US citizen. This is the second best choice.

Any other alternative will take longer so I will not discuss them.