I-130 Petition for Alien Relative

[mrdb52 0]

These government forms always confuse me. My filipina wife and I want to bring her adult/unmarried son under 21 years of age to the US. My wife entered the US over a year ago on a K-1 visa and her son was listed on her K-1 application. On the I-130 Petition for Alien Relative, on line one, do I list my wife's name as the petitioner or my name? Any other advise in this matter is greatly appreciated. Thanks

confused david in Ohio

[NigeriaorBust 4,087]

If you married after the child was 18 you ( the USC) can't petition. His mother can, but it will be as the child of an LPR and he will most likely age up before a visa number becomes available so you are looking at a 8 years wait and he will need to remain single. You could try to expediate the petition but you can't expediate the wait and it actually plays in your favor if it takes a little to approve. If he was under 18 you can petition and no wait for visa number

Edited June 11, 2012 by NigeriaorBust

[aleful 1,905]

These government forms always confuse me. My filipina wife and I want to bring her adult/unmarried son under 21 years of age to the US. My wife entered the US over a year ago on a K-1 visa and her son was listed on her K-1 application. On the I-130 Petition for Alien Relative, on line one, do I list my wife's name as the petitioner or my name? Any other advise in this matter is greatly appreciated. Thanks

confused david in Ohio

ditto,

she would have to file for him if she is already a LPR. If you married her and he was 18 or over, then you cannot file for him. your wife as a LPR will have to file for him.

how old is he?

[JimVaPhuong 4,863]

If you married after the child was 18 you ( the USC) can't petition. His mother can, but it will be as the child of an LPR and he will most likely age up before a visa number becomes available so you are looking at a 8 years wait and he will need to remain single. You could try to expediate the petition but you can't expediate the wait and it actually plays in your favor if it takes a little to approve. If he was under 18 you can petition and no wait for visa number

F2B from the Philippines is more like 10+ years.