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stacato

Green card holder petition for unmmaried sons

By stacato in Bringing Family Members of Permanent Residents to America

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stacato Contributor

stacato   0

Posted
Filed: Country: Philippines
 Timeline
Posted

My wife got her 2 year green card 6 month ago as a result of marriage to me. We now would like her sons to come here. They are all (4 sons) over 21 years old and unmarried. Can she file the I130 petition for them now? or does she have to wait for the 10 year green card? How long would it take for them to actually be able to get here? Thanks.

apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted (edited)

My wife got her 2 year green card 6 month ago as a result of marriage to me. We now would like her sons to come here. They are all (4 sons) over 21 years old and unmarried. Can she file the I130 petition for them now? or does she have to wait for the 10 year green card? How long would it take for them to actually be able to get here? Thanks.

She can file i-130 for all 4 sons now. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=51ea3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=51ea3e4d77d73210VgnVCM100000082ca60aRCRD

For every i-130 form, she will need to submit a photocopy (front & back) of her Green Card and her son's original NSO Birth Certificates.

For Philippines, it will take 10 YEARS before the sons can immigrate.

Edited by apple21

:wub:10-year GC holder :wub:

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Boiler Grand Master

Boiler   46,141

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

They will be able to keep their priority dates if their mother naturalises.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted

They will be able to keep their priority dates if their mother naturalises.

Yes, because for Philippines it is better to be in the F2B (Unmarried Sons & Daughters over 21 of LPR) category rather than F1 (Unmarried Sons & Daughters over 21 of US Citizens).

F2B in Philippines has a shorter waiting period (10 years) compared with F1 (15 years).

When mom naturalises, the sons have to file for an Opt-Out Letter addressed to US Embassy Manila so they will be retained in the F2B category. Their Priority Dates will remain the same.

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

stacato Contributor

stacato   0

Posted
Filed: Country: Philippines
 Timeline
  • Author
Posted

Thanks for all the answers so far. I have a couple more questions. The sons were all recently denied tourist visas to come here and visit their mom. Is this going to affect the process in any way? can they be denied later on because of this? Once they are in the process will they be able to get tourist visa to visit their mom? Thanks.

Boiler Grand Master

Boiler   46,141

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

That would depend why they were denied, criminal history not good for example.

You can apply for a visitor visa as often as you like.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted

Thanks for all the answers so far. I have a couple more questions. The sons were all recently denied tourist visas to come here and visit their mom. Is this going to affect the process in any way? can they be denied later on because of this? Once they are in the process will they be able to get tourist visa to visit their mom? Thanks.

Their denial in the tourist visa category will NOT affect their mom's immigrant visa petition for them.

If they decide to apply for a tourist visa AGAIN while their immigrant visa petition is in process, they can do so without jeopardizing the latter.

If they want to be granted a tourist visa they have to prove strong ties to the Philippines by having a stable & high-earning job, their own business, properties (car, house, land, condo) under their names, money and bank savings.

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

Asia Mentor

Asia   2,499

Posted
Filed: Timeline
Posted

Please remember also that if their mom wants to stay LPR during the WHOLE process (around 10 years), they will have to stay unmarried for the WHOLE process as well. If they get married during that time, they won't be able to continue this process.

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Please remember also that if their mom wants to stay LPR during the WHOLE process (around 10 years), they will have to stay unmarried for the WHOLE process as well. If they get married during that time, they won't be able to continue this process.

Mom does not need to stay an LPR the WHOLE process. She can become a US citizen and the sons can request staying in the F2b category.

Sons do have to stay unmarried if they want to immigrate in the F2b category.

Asia Mentor

Asia   2,499

Posted
Filed: Timeline
Posted

Mom does not need to stay an LPR the WHOLE process. She can become a US citizen and the sons can request staying in the F2b category.

Sons do have to stay unmarried if they want to immigrate in the F2b category.

Thank you for that correction.

 
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