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Filed: F-2A Visa Country: Philippines
Timeline
Posted (edited)
Therefore, your father must go first then your father will apply for your stepmom & your blood relative minor & single half brother, then your stepmom will apply for his son.

The stepson is 12 years old NOW. He qualifies as a stepchild, therefore he will qualify as mom's derivative on the i-130 (F2A category) that dad will file.

Mom, stepson and biological son will immigrate together under the F2A category.

Edited by apple21
Filed: IR-5 Country: Philippines
Timeline
Posted

kindly disregard my first posting. it should have been this. sorry.

let me reiterate what your situation is just to see if i understand them.

1) your father married your stepmom after your age 18.

2) you've got two half-brothers from your stepmom.

from my understanding regarding with USCIS ruling that:

You can only file for IR5 petition for your father. you cannot file for your stepmom because her marriage to your father took place after your 18th birthday. When your dad becomes greencard holder or US citizen then he can file for your stepmom. With regards to how long it will take for your stepmom to get into the US through your dad, I only got info about bringing your stepmom after your father becomes a US citizen. It's about 6-12 months. I don't have info how long is a permanent resident petition.

From the time your father arrives there it will take 5 years to get his citizenship then he can already apply for your stepmom. when your father's already a citizen he can file an IR1 petition for your stepmom and file IR2 petitions separately each for your blood relative half brothers if your blood relative half brothers are below 21 years old at the time of arrival to the US and still single.

I guess US citizenship is I think still faster.

Therefore, your father must go first. Then your father will apply for your stepmom & to your blood relative minor & single half brothers.

You might want to take a look at the url below for detailed info. Hope i was able to help you.

http://www.uscis.gov.../i-130instr.pdf

IR5 FOR DAD & STEPMOM

DAD

12/11/12 Sent I130

12/17/12 NOA1 Received from USCIS

04/29/13 NOA2 Approved

05/03/13 Received NOA2 thru mail (stating that approved petition is being process at NVC and wait within 30 days and if more than we can call Customer Service Hotline)

06/01/13 Received NVC Case Number

06/01/13 Sent DS 3032 thru email

06/01/13 Paid AOS Fee

06/10/13 Resent DS 3032 thru email changing subject line from Case Number to "Supervisor Review"

06/11/13 DS 3032 accepted

06/11/13 AOS filing instructions received

06/12/13 IV (DS230) Fee Invoice received

STEPMOM

12/11/12 Sent I130

12/17/12 NOA1 Received from USCIS

04/29/13 NOA2 Approved

05/03/13 Received NOA2 thru mail (stating that approved petition is being process at NVC and wait within 30 days and if more than we can call Customer Service Hotline)

06/04/13 Received NVC Case Number

06/04/13 Sent DS 3032 thru email

06/04/13 Paid AOS Fee

06/10/13 Resent DS 3032 thru email changing subject line from Case Number to "Supervisor Review"

06/11/13 DS 3032 accepted

06/11/13 AOS filing instructions received

06/12/13 IV (DS230) Fee Invoice received

USEFUL LINKS:

http://www.visajourney.com/forums/topic/433472-nvc-filers-june-2013/?p=6263675

Filed: IR-5 Country: Philippines
Timeline
Posted (edited)

let me reiterate what your situation is just to see if i understand them.

1) your father married your stepmom after your age 18.

2) you've got two half-brothers from your stepmom.

*** one is from your stepmom's previous marriage which is 12 years old, which is not your blood relative.

*** another one is your father's and stepmom son, which is a blood relative.

from my understanding regarding with USCIS ruling that:

You can only file for IR5 petition for your father. you cannot file for your stepmom because her marriage to your father took place after your 18th birthday.

When your dad becomes greencard holder or US citizen then he can file for your stepmom.

With regards to how long it will take for your stepmom to get into the US through your dad, I only got info about bringing your stepmom after your father becomes a US

citizen. I don't have info how long is a permanent resident petition.

From the time your father arrives there it will take 5 years to get his citizenship then he can already apply for your stepmom. when your father's already a citizen.

He can file an IR1 petition for your stepmom together with your blood relative half brother if your blood relative half brother is below 21 years old and still single at the time

of arrival to the US. Your other half brother which is not your blood relative however should be applied by your stepmom after your stepmom got her greencard or

becomes US citizen. just search for whatever application will be faster.

Therefore, your father must go first then your father will apply for your stepmom & your blood relative minor & single half brother, then your stepmom will apply for his son.

you might want to take a look at the url below for detailed info. hope i was able to help you.

http://www.uscis.gov.../i-130instr.pdf

The boys have the same father which is the OP's father. So the father can petition for his sons as a green card holder which will take 2-3 years.

The father doesn't have to wait till he becomes a US citizen to petition for his wife. As a green card holder he can petition for her, but the wait is 2-3 years.

The OP's situation is really that simple.

'

Edited by let-it-be
Filed: IR-5 Country: Philippines
Timeline
Posted

The boys have the same father which is the OP's father. So the father can petition for his sons as a green card holder which will take 2-3 years.

The father doesn't have to wait till he becomes a US citizen to petition for his wife. As a green card holder he can petition for her, but the wait is 2-3 years.

The OP's situation is really that simple.

'

thanks for correcting then.

IR5 FOR DAD & STEPMOM

DAD

12/11/12 Sent I130

12/17/12 NOA1 Received from USCIS

04/29/13 NOA2 Approved

05/03/13 Received NOA2 thru mail (stating that approved petition is being process at NVC and wait within 30 days and if more than we can call Customer Service Hotline)

06/01/13 Received NVC Case Number

06/01/13 Sent DS 3032 thru email

06/01/13 Paid AOS Fee

06/10/13 Resent DS 3032 thru email changing subject line from Case Number to "Supervisor Review"

06/11/13 DS 3032 accepted

06/11/13 AOS filing instructions received

06/12/13 IV (DS230) Fee Invoice received

STEPMOM

12/11/12 Sent I130

12/17/12 NOA1 Received from USCIS

04/29/13 NOA2 Approved

05/03/13 Received NOA2 thru mail (stating that approved petition is being process at NVC and wait within 30 days and if more than we can call Customer Service Hotline)

06/04/13 Received NVC Case Number

06/04/13 Sent DS 3032 thru email

06/04/13 Paid AOS Fee

06/10/13 Resent DS 3032 thru email changing subject line from Case Number to "Supervisor Review"

06/11/13 DS 3032 accepted

06/11/13 AOS filing instructions received

06/12/13 IV (DS230) Fee Invoice received

USEFUL LINKS:

http://www.visajourney.com/forums/topic/433472-nvc-filers-june-2013/?p=6263675

Filed: Timeline
Posted

Thank you everyone! This information has been very helpful.

I'll petition for my father which should take 6-12 months. Once he has his green card, he will then petition for his wife and two kids, which should take 2-3 years. If my father petitions for his family as soon as he get resident status, he probably wont be able to prove financial stability to support his petition. Is this where I come in again as a co-sponsor? Can anyone be a co-sponsor? For example, can a family friend co-sponsor my dad when he petitions for his family? If possible, I'd rather not be a co-sponsor and take on the responsibility of his family.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Sponsor issue will be for later so not a problem.

“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.”

Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

Boiler is right.Besides once they becomes USC . You are let let off the sponsorship hook.

GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).

01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK


N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)

mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23
Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

Filed: Timeline
Posted

Sponsor issue will be for later so not a problem.

Can you evaborate? I'm not sure what you mean by the "sponsor issue will be for later".

Boiler is right.Besides once they becomes USC . You are let let off the sponsorship hook.

What is USC?

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Can you evaborate? I'm not sure what you mean by the "sponsor issue will be for later".

What is USC?

I believe that the sponsor issue s/he speaks of is the need for a co-sponsor, because when your dad gains resident status he may or may not meet the income requirements. USC is acronym for US Citizen.

A 3 year-4 month-1week journey ends on 09/20/2013, and a new one begins!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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