Parent remarried with step-children

[hmellow 0]

Hi, I recently received my citizenship. I would like to apply for my father, who is now remarried with a stepchild and 3 other kids. My question is regarding his step-daughter, who is about to turn 20.

When I apply for his I-130, everything being approved, etc, at which step would she be a part of the process? I.e.: What would be her 'CSPA' date? My father is in no particular rush to get started as he would prefer to move to the US only in 2 or 3 years from now. However, if there's a chance that the oldest daughter could get in with them, then they would do like to get it started now.

Also, my father has a B2 visa and travels to the US often. Once we start the I-130 process, what happens when he travels? Does he continue using his visitor's visa anytime he wants (until GC, of course) or is there a point where they will consider that his intention to immigrate (through the I130 process) trumps status of a visitor and as such can't be allowed in?

Thank you.

[apple21 953]

You can file separate i-130 for your father and step-mother. They will be under the IR5 category..... however......

Your step-siblings will not immigrate with their parents. Derivative children are not allowed in the IR category. Their parent will have to file an i-130 petition for them once parent becomes an LPR. If child is below 21 at the date of filing, they will be under the F2A category. If son/daughter is 21 years old and above on the date of filing, they will be under the F2B category.

If you file i-130 for your step-siblings (F4 category), it will take 12 years for them to immigrate.

Source: http://travel.state.gov/visa/bulletin/bulletin_6062.html

Edited September 17, 2013 by apple21

[NigeriaorBust 4,087]

With the child of an LPR the child continues to age through the petition process it is only a USC that locks the age of a child on submission. So CPSA might helps but it is likely your step sister will end up under adult unmarried child of an LPR and must remain unmarried for the entire time your father is an LPR

[apple21 953]

Yeah, I forgot to mention that the age for children of LPR does not freeze upon filing. CSPA, if applicable, will come into play (generally) at the time of the beneficiary's embassy interview. The consul officer will determine if the LPR's child is covered by CSPA or not.

[aleful 1,905]

Hi, I recently received my citizenship. I would like to apply for my father, who is now remarried with a stepchild and 3 other kids. My question is regarding his step-daughter, who is about to turn 20.

When I apply for his I-130, everything being approved, etc, at which step would she be a part of the process? I.e.: What would be her 'CSPA' date? My father is in no particular rush to get started as he would prefer to move to the US only in 2 or 3 years from now. However, if there's a chance that the oldest daughter could get in with them, then they would do like to get it started now.

Also, my father has a B2 visa and travels to the US often. Once we start the I-130 process, what happens when he travels? Does he continue using his visitor's visa anytime he wants (until GC, of course) or is there a point where they will consider that his intention to immigrate (through the I130 process) trumps status of a visitor and as such can't be allowed in?

Thank you.

hi

did they marry before you turned 18? if not, then you cannot file for your step mother, you can only file for your father, and then, he will have to file for his family.

if they married after you were 18, you cannot file for her, only for your father

[hmellow 0]

Thanks everyone. You have confirmed my feelings exactly.

A follow-up question... Say he gets his LPR then files to have his family move with him (he wouldn't move without his family) how does that work? How soon would he have to start residing here? Would he have to some without his family to save his LPR status?

[aleful 1,905]

hi,

no, he has 6 months to enter the us and file for his family, he has to live here, he will leave his family behind. residency is to reside in the us. he can go back and visit. he has to have a US address, and if he doesn't work, he will need a joint sponsor for each member of the family. but he has to prove that he lives here more than in his country