Unmarried stepchild of natural-born US citizen - Need advice!

[StingerT 0]

Hello everyone,

I'm so happy I stumbled upon this forum. My father and my stepmother have been married since before I was 18 years old (I know, I should have applied for this earlier) and I would like to apply to become a permanent resident in the US. I'm over 21 years old, unmarried, and currently living in Montreal, Canada. From what I understood on the USCIS website, unmarried children and stepchildren (provided parents have been married since before the child turned 18) are eligible for family first preference visas for US permanent residency. Can someone please confirm that this is correct?

Also, being a Canadian citizen, can someone please advise me on the approximate waiting time for this type of application, as well as recommend the best course to take so that I can have this approved as quickly as possible? I've been told that filing in certain locations over others can significantly speed up this process.

Lastly, while my application is pending, will I be barred from travelling to and from the US?

I really appreciate all of your help!

Best,

- T

Edited November 5, 2013 by StingerT

[apple21 953]

Total waiting time for Canadian beneficiaries of F1 category is 7 years. It doesn't matter what service center your i-130 goes to because a visa will only be available for you once your priority date becomes current.

You can visit the US but you must demonstrate strong ties to Canada.

[apple21 953]

You must also remain unmarried during the entire process. Marriage will void your F1 petition.

[StingerT 0]

Thank you, Apple21.

Are there any Canadians who have gone through this or are currently doing this? It was recommended that I file in Vermont as their priority dates are moving ahead much more quickly. Any thoughts on this or my original post?

Thank you!

[apple21 953]

The National Visa Center controls the cut-off priority dates on the visa bulletin.

As i've said it doesn't matter if your i130 goes to California or Vermont because it will still take 7 years before a visa number becomes available for you, regardless of when your i130 was approved. After USCIS approves your i130, it will go to a storage place somewhere until NVC is ready to process it (most probably on the 6th year of filing).

[apple21 953]

Besides, you cannot choose the service center who will process your i130 because the petitioner has to send it to the service center that has jurisdiction over his place of residence.

Read the i130 instructions.

[StingerT 0]

Hi Apple21,

Thanks again for the reply. I appreciate the time and effort your are putting into my responses.

I'm also looking for a Canadian perspective on this/advice and tips/experiences to better prepare myself...Any Canadian citizens out there?

[NikLR 13,231]

You'd be an F2B category (not F1... that is a student) But you'd still have to wait for your priority date to become current.

The Canadian citizen parent can upgrade the petition after they become a citizen as well.

Edited November 5, 2013 by NLR

[NikLR 13,231]

The wait time isn't based on what citizenship you are (unlike Canadian immigration) but rather what your parent is (LPR or USC)

Also as stated you cannot choose your service center. The petition will be sent by your parent and where it goes is dependent on the type of petition and where they live. After it is approved then you can apply for a visa.

[apple21 953]

You'd be an F2B category (not F1... that is a student) But you'd still have to wait for your priority date to become current.

The Canadian citizen parent can upgrade the petition after they become a citizen as well.

I'm referring to F1 category which is Unmarried Sons and Daughters of U.S. Citizens.

Source: http://travel.state.gov/visa/bulletin/bulletin_1360.html

[newacct 688]

You'd be an F2B category (not F1... that is a student) But you'd still have to wait for your priority date to become current.

The Canadian citizen parent can upgrade the petition after they become a citizen as well.

No, they would be F1 category. (Step)Child of a U.S. citizen.

Edited November 5, 2013 by newacct

[NikLR 13,231]

okay dokey

[jaycali 415]

Thank you, Apple21.

Are there any Canadians who have gone through this or are currently doing this? It was recommended that I file in Vermont as their priority dates are moving ahead much more quickly. Any thoughts on this or my original post?

Thank you!

As others have stated, you cannot choose your service center, but it does not make much of a difference which one.

You can visit the US during this process as you normally would. Shouldn't be a problem. If/when your mother becomes a US citizen, she can upgrade your petition.

[StingerT 0]

If/when your mother becomes a US citizen, she can upgrade your petition.

Hi everyone,

Thank ou very much for the info. I just wanted to point out that my legal stepmother (from before I was 18) is a born American and therefore a US citizen.

The reason I'm asking for a Canadian's perspective in terms of the amount of time it would take is because I just learned last night of a friend of a friend in the same situation as I am who has just completed the entire process in about 4 months and is now legally living and working in the US. She is also the unmarried child of a US citizen (we're both over 21 but under 30.) While I am waiting for more information from her in terms of how it was all done quickly, I'm hoping to hear other Canadians' experiences.

[NigeriaorBust 4,087]

There is no way to legally complete the process in that amount of time. They must be there on another path. Is your step mother living in the US or Canada ? It is your stepmother who must file and it is to unite family so if they are not living in the US you won't get a visa ( although that really only counts at the end of the 7 years )