Petitioning biological children from the Philippines

[Jennymei 0]

Good morning! I just have few worries and questions before i will start my children's petition who are still in the Philippines. I got my permanent residency through my second marriage who is a US citizen until now.actually I just found out that I can file for naturalization already since my PR date appears on my card starts today. But i have a son who will be turning 18yrs old this coming August 22 and he is wondering if he can go here before he turns 18 coz most of his friends coming here are trying not to reach the age of 18. So he is worried about his age now. What is the best thing to do? Will i file my citizenship now and petition him under my citizenship or petition him right now under permanent residency or ask my husband to petition him under his cirizenship? Which is faster? Please help me! Thank you

[Asia 2,499]

There are a couple of family-sponsored preferences.

(F1) Unmarried Sons and Daughters of U.S. Citizens.

(F2A) Spouses and Children of Permanent Residents.

(F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents.

The times of waiting (for Philipines) in these categories are:

F1 - 15 years.

F2A - 2.5 years.

F2B - 11 years.

http://travel.state.gov/visa/bulletin/bulletin_5856.html

You can start a petition for your children now. You might get them here in 2.5 years.

Tho I'm not sure if your oldest son will be able to immigrate to the F2A category. Idon't know if his age will 'freeze' after you petition him.

I'm sure some more experienced users will correct that.

[aaron2020 11,651]

Good morning! I just have few worries and questions before i will start my children's petition who are still in the Philippines. I got my permanent residency through my second marriage who is a US citizen until now.actually I just found out that I can file for naturalization already since my PR date appears on my card starts today. But i have a son who will be turning 18yrs old this coming August 22 and he is wondering if he can go here before he turns 18 coz most of his friends coming here are trying not to reach the age of 18. So he is worried about his age now. What is the best thing to do? Will i file my citizenship now and petition him under my citizenship or petition him right now under permanent residency or ask my husband to petition him under his cirizenship? Which is faster? Please help me! Thank you

Have US citizen stepfather file for him. This would be an Immediate Relative case. Your son's age will freeze for immigration purposes upon filing. Turning 18 years old does not matter. It will take 6-12 months.

If you file, then it would be 2-3 years. Your son could age out (turn 21) and it would be 8 years or more since age will not freeze until his PD is current.

Edited January 21, 2013 by aaron2020

[Jennymei 0]

Thank you Aaron and Asia!!! The best way now is ask

My husband to file a petition for my son. Another thing is, my son is in college right now in the Philippines and he wants to finish there as on time meaning he doesnt want to stop a year or so. Is it possible for him to come here and go back in the Philippnes to finish school? What status does he needs to have to do it? How long does he needs to stay here before he can go back there to finish school?thank you

[Jennymei 0]

Thank you Aaron and Asia!!! The best way now is ask

My husband to file a petition for my son. Another thing is, my son is in college right now in the Philippines and he wants to finish there as on time meaning he doesnt want to stop a year or so. Is it possible for him to come here and go back in the Philippnes to finish school? What status does he needs to have to do it? How long does he needs to stay here before he can go back there to finish school?thank you

[extremerecluse 32]

Have US citizen stepfather file for him. This would be an Immediate Relative case. Your son's age will freeze for immigration purposes upon filing. Turning 18 years old does not matter. It will take 6-12 months.

If you file, then it would be 2-3 years. Your son could age out (turn 21) and it would be 8 years or more since age will not freeze until his PD is current.

Once filed for an immediate relative, they should be here in less than 12 months

[Jennymei 0]

Thanks to Aaron and Asia!! The best way now is to let my husband petition my son to get here as early as possible. My question is how long does he needs to stay here to get his status fix and able to go back in the Philippines to finish college?thank you

[danver 15]

Thanks to Aaron and Asia!! The best way now is to let my husband petition my son to get here as early as possible. My question is how long does he needs to stay here to get his status fix and able to go back in the Philippines to finish college?thank you

it is best for ur hubby to file an I-130 for him. Approval is quicker ..my husband filed for my 2 kids. Once he is here then u can go to the next step which is how he can go back to PI for his schooling. U need to start the process before he turns 18.

Edited January 24, 2013 by danver

[Jennymei 0]

Thank you Danver! Can I ask why it needs to be processed before he turns 18yrs old and why not 21? What will be the difference of these ages in case? Thanks

[Jennymei 0]

it is best for ur hubby to file an I-130 for him. Approval is quicker ..my husband filed for my 2 kids. Once he is here then u can go to the next step which is how he can go back to PI for his schooling. U need to start the process before he turns 18.

[Jennymei 0]

Thank ypu Danver! Can I ask why it needs to be processed before he turns 18 and not 21? What would be the difference of these ages in case? Thanks

[aaron2020 11,651]

Thank ypu Danver! Can I ask why it needs to be processed before he turns 18 and not 21? What would be the difference of these ages in case? Thanks

It does not need to be done by the time he turns 18. Danver is mixing two different things up.

For a US citizen stepparent to petition a stepchild as an Immediate Relative, the marriage to the biological parent must happen before the stepchild's 18th birthday.

For the US citizen stepparent to petition for the stepchild where the relationship was legally formed before the stepchild's 18th birthday, it is still an Immediate Relative case until the stepchild's 21st birthday.

[Jennymei 0]

Oh I see! Now i see the point. Thank you for taking time looking up on my post. This helps a lot to

Me. My son is just so worried of not being able to be here before his birthday on August. He was thinking if he reach the age of 18 and not here yet, it will take a little longer for him to go back in the Philippines to finish school while waiting for his green card. Is this true?

[aaron2020 11,651]

Oh I see! Now i see the point. Thank you for taking time looking up on my post. This helps a lot to

Me. My son is just so worried of not being able to be here before his birthday on August. He was thinking if he reach the age of 18 and not here yet, it will take a little longer for him to go back in the Philippines to finish school while waiting for his green card. Is this true?

No. Your son is wrong. Turning 18 does not affect him since you are already married. Turning 21 would affect him if US citizen stepfather does not file by then.

[Jennymei 0]

Thanks again! I feel good now. I will let my son know! I will keep posted on this site so u can walk me to my next journey for my kids to get here. God bless!