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wats the age limit to file for a child? i know it was under 21, but i am now hearing its 18 and under, my uncle son is now 19 and he wants to file for him, does anyone have knowledge of this? any help would be greatly appreciated

thanks

6/29/12 AOS Package mailed Chicago Lockbox

7/01/12 Package delivered

7/09/12 NOA email notification

7/14/12 Received hard copy of NOA in the mail

7/16/12 Received biometric appointment letter for 8/01/12

7/23/12 Successful walk in Biometrics

8/15/12 Received email for interview notice

8/17/12 Received interview notice in the mail

9/10/12 EAD card ordered, (didnt get email or text checked it on USCIS website)

9/18/12 EAD card received in the mail

9/18/12 Interview done, approved on the spot!

9/19/12 Got email that approval notice was mailed out on 9/18/12

9/22/12 Received Approval notice in the mail

9/24/12 Got email that greencard was sent in the mail

9/26/12 Received greencard in the mail, thank you lord!

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Filed: IR-2 Country: El Salvador
Timeline

I dont know if something has change which i seriously doubt(almost positive), but child is considerate a child if is under the age of 21 and is not married.

Adding to my answer,

if your uncle is not the biological father of the child(could be his stepfather),then he can only petition for the child is the child was under the age of 18 when your uncle married with the bilogical mother of the child.

Edited by PSDAVID
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Filed: Citizen (apr) Country: Argentina
Timeline

wats the age limit to file for a child? i know it was under 21, but i am now hearing its 18 and under, my uncle son is now 19 and he wants to file for him, does anyone have knowledge of this? any help would be greatly appreciated

thanks

please clarify, is he his biological parent? if so is he a LPR or USC filing for a child under 21? the age is 21, children change category under 21 or over 21.

now if it is a stepparent, for a stepparent to file the marriage had to have taken place before the child turned 18, but the child is still a child until 21.

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Thanks so far, yes my uncle is the biological father, but his wife will be filing for him and the child together, his wife is a US citizen, but they trying to find out if they can include the child, or is his age gonna be a problem?

6/29/12 AOS Package mailed Chicago Lockbox

7/01/12 Package delivered

7/09/12 NOA email notification

7/14/12 Received hard copy of NOA in the mail

7/16/12 Received biometric appointment letter for 8/01/12

7/23/12 Successful walk in Biometrics

8/15/12 Received email for interview notice

8/17/12 Received interview notice in the mail

9/10/12 EAD card ordered, (didnt get email or text checked it on USCIS website)

9/18/12 EAD card received in the mail

9/18/12 Interview done, approved on the spot!

9/19/12 Got email that approval notice was mailed out on 9/18/12

9/22/12 Received Approval notice in the mail

9/24/12 Got email that greencard was sent in the mail

9/26/12 Received greencard in the mail, thank you lord!

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his son had just turned 19 when they got married

6/29/12 AOS Package mailed Chicago Lockbox

7/01/12 Package delivered

7/09/12 NOA email notification

7/14/12 Received hard copy of NOA in the mail

7/16/12 Received biometric appointment letter for 8/01/12

7/23/12 Successful walk in Biometrics

8/15/12 Received email for interview notice

8/17/12 Received interview notice in the mail

9/10/12 EAD card ordered, (didnt get email or text checked it on USCIS website)

9/18/12 EAD card received in the mail

9/18/12 Interview done, approved on the spot!

9/19/12 Got email that approval notice was mailed out on 9/18/12

9/22/12 Received Approval notice in the mail

9/24/12 Got email that greencard was sent in the mail

9/26/12 Received greencard in the mail, thank you lord!

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Share on other sites

Wife can't file for the child as an immediate relative, then. Marriage had to take place prior to turning 18.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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so since the wife wont be able to file for him, will the dad be able to file for him after he has received his green card?

6/29/12 AOS Package mailed Chicago Lockbox

7/01/12 Package delivered

7/09/12 NOA email notification

7/14/12 Received hard copy of NOA in the mail

7/16/12 Received biometric appointment letter for 8/01/12

7/23/12 Successful walk in Biometrics

8/15/12 Received email for interview notice

8/17/12 Received interview notice in the mail

9/10/12 EAD card ordered, (didnt get email or text checked it on USCIS website)

9/18/12 EAD card received in the mail

9/18/12 Interview done, approved on the spot!

9/19/12 Got email that approval notice was mailed out on 9/18/12

9/22/12 Received Approval notice in the mail

9/24/12 Got email that greencard was sent in the mail

9/26/12 Received greencard in the mail, thank you lord!

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Share on other sites

Filed: Citizen (apr) Country: Ireland
Timeline

so since the wife wont be able to file for him, will the dad be able to file for him after he has received his green card?

Yes

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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so since the wife wont be able to file for him, will the dad be able to file for him after he has received his green card?

Yes; the wait is about 2.5 years unless he ages out and then it is 7+.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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