petition for unmarried son

[Boy&Bell 1]

Hi all!

My USC husband and I are gathering the documents for my 2 boys, my eldest is 27 and my youngest will be 21 in November this year. We got married 2 months before my youngest turned 18, so he is eligible as child I supposed. The I-130 for him is ready having my husband as the petitioner. I am a lawful permanent resident right now, under conditional status, which will be lifted in November, 90 days before my 2nd year anniversary in Hawaii.

The instructions for Form I-130 under who may not file this form states " A stepparent/stepchild, if the marriage that created the relationship took place after the child's 18th birthday." Obviously, my eldest was 24 when I got married with my USC husband. From this particular instruction, who can petition for my son and what kind of form shall we use?

Hoping to get some clear answers to our concern.

Thanks all.

B&B

[aaron2020 11,651]

Hi,

Only you can file for the 24 years old. He must stay unmarried while you are an LPR. It will be about 7-8 years for a visa.

Follow the Guides. Start with the I-130.

Best of luck

[apple21 953]

You file i130 for your eldest son. He will be under the F2B category. Waiting time is 10 years and he must remain single. Marriage will void the F2B petition.

Your USC husband can file i130 for the youngest. File it ASAP before his 21st birthday so his age will freeze at 20 and he will be under the CR2 category. Waiting time is more or less a year and he must remain single as well.

Good luck!

[Boy&Bell 1]

You file i130 for your eldest son. He will be under the F2B category. Waiting time is 10 years and he must remain single. Marriage will void the F2B petition.

Your USC husband can file i130 for the youngest. File it ASAP before his 21st birthday so his age will freeze at 20 and he will be under the CR2 category. Waiting time is more or less a year and he must remain single as well.

Good luck!

Thank you so much for the insight.

Hi,

Only you can file for the 24 years old. He must stay unmarried while you are an LPR. It will be about 7-8 years for a visa.

Follow the Guides. Start with the I-130.

Best of luck

Thank you lots for the info.