Should i file for my son now or wait until im us citizen?

[k24 0]

I just got my greencard and i dont want my son to be adopted by my new husband. Should i file for my son now as permanent resident or wait until i become us citizen? Son in the philippines. Thanks

[apple21 953]

Your husband can file a petition for your son without going thru adoption. A step parent can file a petition for a step child. This route would be the fastest but it would depend on your son's age at the time you married your US citizen husband.

How old is your son now? How old was he when you married your husband?

As a green card holder you can file a petition for your son. Waiting times would vary though depending on your son's age and status:

- If son is unmarried, below 21 years old, waiting time would be 2-3 YEARS under the F2A category.

- If son is unmarried, 21 years old and above, waiting time would be 10-11 YEARS under the F2A category.

- If son is married, regardless of age, waiting time would be 21 YEARS under the F3 category. You will have to be a US citizen in order to file this petition.

Edited February 5, 2013 by apple21

[apple21 953]

- If son is unmarried, 21 years old and above, waiting time would be 10-11 YEARS under the F2A category.

Correction: This is under the F2B category.

[k24 0]

Thank u so much for the prompt an informative reply! My son is 7 yrs old so no rush. My husband cannot file for my son because the father might get mad

[apple21 953]

Thank u so much for the prompt an informative reply! My son is 7 yrs old so no rush. My husband cannot file for my son because the father might get mad

This will be the route for your son:

- If son is unmarried, below 21 years old, waiting time would be 2-3 YEARS under the F2A category.

Refer to this: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=51ea3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=51ea3e4d77d73210VgnVCM100000082ca60aRCRD

[k24 0]

Ok let's say my son gets approved 2-3 years, what happens when i become a citizen on my 3rd year?

[ndu26 114]

you notifiy USCIS of your change in status if file is still there and the petition gets upgraded to immediate family member of USC ( for which there is no wait period for visa).

[ik2011 2]

Thank u so much for the prompt an informative reply! My son is 7 yrs old so no rush. My husband cannot file for my son because the father might get mad

Are you sure the child's father will let him move to US?