US citizen petition for alien relative

[awais_alii56 0]

My brother applies the US citizen petition for alien relative for me and my family. He applied the petition in 2004. Currently status of case is in Post Decision since 2009. Now my elder son, who is 18 year old, is going to marriage in December 2013. Plz tell me how much time will, this case take to complete. And at which time I will inform Department of State to add my daughter-in-law for visa processing.

[apple21 953]

Once your son gets married, he no longer qualifies as your derivative child.

He or his wife will not immigrate with you.

Only unmarried children below 21 years old are qualified to be derivatives in their parent's petition.

[aleful 1,905]

hi,

it takes 12 years for siblings and your son will be out of the petition, he won't qualify anymore.

derivative children must be unmarried, and under 21, so if he marries, he's out of your petition.

and you won't be able to petition for him until you become a USC after 5 years of coming to US and being a LPR

depending on how the visa bulletin moves, it can be another 2 to 3 years of waiting

Edited October 5, 2013 by aleful

[aaron2020 11,651]

My brother applies the US citizen petition for alien relative for me and my family. He applied the petition in 2004. Currently status of case is in Post Decision since 2009. Now my elder son, who is 18 year old, is going to marriage in December 2013. Plz tell me how much time will, this case take to complete. And at which time I will inform Department of State to add my daughter-in-law for visa processing.

Your plan will not work for 2 reasons.

First, a married child cannot be a derivative beneficiary on your petition. As soon as your son gets marry, he will not qualify for an immigration visa under the petition for you.

Second, no one can ever add a daughter-in-law to a petition.

Since your son would be married, he and his wife cannot immigrate with you. It will take 3-4 years before you can get a visa and then a green card. It takes another 5 years to get US citizenship. After US citizenship, you can file for your son and his wife. After 12 years, they can get visas. So, 20 years from now. Your son will be 38-40 years old before he can immigrate to the US.

---------------

This is the plan you need.

NO MARRIAGE FOR YOUR SON UNTIL HE COMES TO THE US AND GETS A GREEN CARD. Even with a visa, he cannot marry. He must be single when he enters the US with the immigration visa.

Your single son gets an immigration visa and comes to the US with you in 3-4 years. He gets a green card. He goes back home and marry. He returns to the US and petitions for his wife. It will take 1-2 years.

He will be 22 years old when he gets here. He will be 24 when his wife gets here.

This is the better plan. It's also the quickest for him and his wife.

[dens 5]

A single adult child under 21 years of age of us citizen are still derivative.. but if the child get marry .. which mean the petition will not be valid and that point you will fall f2b married adult child of us citizen.. IF you say yes with your sweetheart. . Then you say no from petition of your parents..

.

[aaron2020 11,651]

A single adult child under 21 years of age of us citizen are still derivative.. but if the child get marry .. which mean the petition will not be valid and that point you will fall f2b married adult child of us citizen.. IF you say yes with your sweetheart. . Then you say no from petition of your parents..

.

F2b is not married adult child of a US citizen.

F2b is unmarried child of an LPR.

F3 is married child of a US citizen.

Marriage noes not make "petition will not be valid." The petition is still valid since it's the uncle petitioning for his brother. The married child simply does not qualify as a derivative beneficiary.

You got lots of things wrong.

[dens 5]

Thanks aaron for clarifying my thoughts. Anyway just want to make it clear what am trying to say..in the case between parents and the adult child under 21of LPR or US citizen in some cases like this we must think which one is the priority if they like to comin in the US regardless with situation.. like I said once you say yes to your sweetheart. . Then the petition may say No to your parents..

[awais_alii56 0]

Thanks to all for reply. And I will send this forum link to my son so he can make his decision.