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Filed: Other Timeline
Posted

My wife is an LPR, with the conditional 2 year green card.With the conditions, can she still petition for an unmarried, and over age 21 daughter?

If we read the instructions correctly,all that is needed with the I-130 is a copy of the petitioner's green card and a copy of her daughter's birth certificate.

Is this right?

On an average basis,what kind of time frame should one expect for an approval?

Also what happens when the petition gets approved? Is there an Interview? What kind of visa and documents does she receive and where? Will an I-485 petition be necessary later on?

Thanks!

Filed: Citizen (apr) Country: Iran
Timeline
Posted

She can petition for her daughter, read the guides at the top. The time for the approval is irrelevant as the F2B category is a limited visa category which means there are only X number of visas for that category issued each year. Currently for the F2B category they are processing petitions filed Feb 08 unless you are from Mexico (Oct 94) or the Philippines (Jan 04). When she files the I-130 there will be a priority date on the receipt. A few months prior to this priority date becoming current processing on the petition will continue. It will be sent to NVC for the affidavit of support paperwork to be sent in, then it will be sent to the embassy where the child will interview.

The child must remain unmarried the entire time the paperwork/petition is processing. If the child marries at any time the petition dies. If the mother choses to become a USC, after she has her certificate of naturalization, the child can marry. The petition can also be upgraded at that time which speeds up the process, usually.

Check the family immigration section at the Department of State, http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html , for a better understanding of priority dates and requirements for unmarried children of LPRs over 21.

 
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