LPR mom, son over 21y/o, granddaughter minor but will be 21 in 5 years time

[dennlop 0]

Hello everyone.

I tried to search for topic in my situation right now but i can't find any.

I am a LPR, my son is over 21 years old unmarried, he has a daughter 16 years old.

I will be filing petition for my son under F2B.

1. But how can I include my granddaughter?

2. Grand daughter is 16y/o now, and will be 26y/o in 10years time (this is my assumption for f2b waiting time), so she will definitely aged-out. What can I do to include her for petition? Will she be covered my CSPA?

I will greatly appreciate any input. Thanks in advance.

[Hypnos 6,578]

1) On the I-130 there is a space where you can list your son's spouse and children.

2) She will very likely age-out; there isn't anything you can do to prevent this. The only thing that could be done would be after your son has immigrated, he then files an I-130 of his own for his daughter; she then would have to wait for her priority date to become current before she could pursue an immigrant visa.

If the I-130 you file is pending for a long time then this may help, as CSPA allows for the time the petition was pending to be removed from the child's biological age, in non-immediate-relative petitions. Perhaps in this circumstance your granddaughter would be able to skate by on your son's petition under CSPA, but we're too far out right now to be able to say definitively one way or another.

Edited October 26, 2014 by Hypnos

[Boiler 46,194]

She may well have her own life by then.

[dennlop 0]

1) On the I-130 there is a space where you can list your son's spouse and children.

2) She will very likely age-out; there isn't anything you can do to prevent this. The only thing that could be done would be after your son has immigrated, he then files an I-130 of his own for his daughter; she then would have to wait for her priority date to become current before she could pursue an immigrant visa.

If the I-130 you file is pending for a long time then this may help, as CSPA allows for the time the petition was pending to be removed from the child's biological age, in non-immediate-relative petitions. Perhaps in this circumstance your granddaughter would be able to skate by on your son's petition under CSPA, but we're too far out right now to be able to say definitively one way or another.

[dennlop 0]

1) On the I-130 there is a space where you can list your son's spouse and children.

2) She will very likely age-out; there isn't anything you can do to prevent this. The only thing that could be done would be after your son has immigrated, he then files an I-130 of his own for his daughter; she then would have to wait for her priority date to become current before she could pursue an immigrant visa.

If the I-130 you file is pending for a long time then this may help, as CSPA allows for the time the petition was pending to be removed from the child's biological age, in non-immediate-relative petitions. Perhaps in this circumstance your granddaughter would be able to skate by on your son's petition under CSPA, but we're too far out right now to be able to say definitively one way or another.

Thanks Hypnos. Thats what i thought too, but really need to double check if Understood it right.

Edited October 27, 2014 by dennlop

[dennlop 0]

Bump

[NigeriaorBust 4,087]

So without further information there isn't much to be said. You know the date from the NOA1 ( when you filed ) , do you have the approval notice on the I130 yet ? Until this happens no one can say much more.