Inmigrant Visa Approved, but my son is not comming with me now

[PK and PK 13]

7 years, wow, thats too much i dont know why from son to parents take so little while in the toher way, from parent to son takes that much, there are some things i dont understand, if a resident asking for its children take 7 year why then a citizen asking for unmarried children take the same time which was my case.

i have heard also that if i fille the petition for my son while he stay in the United States it takes less... how is that? and how can he sstay in the United States while in the process?

also i have heard that instead inmediately filling an application for him, me to wait to be about to become citizen then just before citizenship to fill application for him, that once i pass trou case update (i dont know if thats the name, for the transition in this case from residence to citizenship) his case can be "upgraded" and like to be included in the same package of my citizenship and it works like a kind of boost or a push in its priorty date or something like that, i am sorry i cant be more specific but i have heard many ones that wait to become citizen and just before to become citizen they fille the application, and it takes even less that when it becomes citizen.

what can you tell be about this?

If your son is old enough, he is in a visa category that limits to only a set number of immigrants at a time. This results in the 7 years delay. The actual time depends on how much demand there is for a particular visa. The petition basically stays in a queue until its turn comes.

Secondly, you cannot file a petition for your son while staying in the US. That is only applicable for immediate relatives (spouse, parents, minor children, etc) because there is no limits to how many of those can immigrate at a time.

When you become a citizen, he could qualify for a different visa category but all the time you waited to make the switch could make it a net loss.

So the best thing to do is once you settle in the US, petition for a visa

• Second Preference (2B): Unmarried adult sons and daughters of permanent residents

When you become a citizen, you can try to switch to the following if it saves time

• First Preference: Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older)

If he gets married during this time, you will have to switch to

• Third Preference: Married sons and daughters (any age) of U.S. citizens

[pink_niru 41]

Let me clarify this , I have already done the mistake so You dont do it ....

How it goes , let me clarify : ( I am taking example of India Preference category)

- Mother / Father need to go alone to USA on immigration

- As soon as they get the Green Card , File for them as "F2B Category - Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs (Green Card)". Say you are filing for him today ie 27th March 2015. Currently priority date of Visa bulletin for this cases is 22 Aug 2008.

- After 5 years after parents gets the citizenship they just need to send the Citizen certificate to USICS and the category will be changed to "F3 - Married sons and daughters of U.S. citizens, and their spouses and minor children. ". But at this point you need to make sure that your son is UNMARRIED. The priority date will remain same as "24 March 20015" and the category will be changed to F3.

Currently priority date of visa bulletin of F3 is "8Feb 2004".

- After your file is convered , you son may get married and your case/priority date will NOT affect. But if you son got married before the conversion , you will loose priority date and you need to file Fresh. So you will loose your important 5 years.

- So after conversion your File will be under F3 and priority date will be "27 March 20015"

Hope this clarifies. I did marraige before my file convered and I am waiting since 14 years now for visa

Edited March 27, 2015 by pink_niru

[Griselita 0]

having him marry a US citizen for the sole purpose of immigration is visa fraud, it's illegal

thats was my "but" meaning.

[Griselita 0]

You heard wrong. Waiting 5 years to become a USC and then file for your son will only add 5 additional years to the wait time. There also wouldn't be any adjustment of status possible as visa number is not immediately available.

Look, your son is an adult, he'll survive until he comes to the US.

Or, you can remain in your home country with him and don't immigrate to the US - that's an option too.

lol

i know, its just.. he can barely stand its native country, and its career has so little future here... he do a real effor to accept this (our country ) society how it is and to continue but i know he lives like an animal in captivity.

to remain in the home country could, COULD be an option, but isnt that ilegal? how many time can i be outside USA without afecting the filling for him?

[Griselita 0]

SO for now

If your son is old enough, he is in a visa category that limits to only a set number of immigrants at a time. This results in the 7 years delay. The actual time depends on how much demand there is for a particular visa. The petition basically stays in a queue until its turn comes.

Secondly, you cannot file a petition for your son while staying in the US. That is only applicable for immediate relatives (spouse, parents, minor children, etc) because there is no limits to how many of those can immigrate at a time.

When you become a citizen, he could qualify for a different visa category but all the time you waited to make the switch could make it a net loss.

So the best thing to do is once you settle in the US, petition for a visa

• Second Preference (2B): Unmarried adult sons and daughters of permanent residents

When you become a citizen, you can try to switch to the following if it saves time

• First Preference: Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older)

If he gets married during this time, you will have to switch to

• Third Preference: Married sons and daughters (any age) of U.S. citizens

Let me clarify this , I have already done the mistake so You dont do it ....

How it goes , let me clarify : ( I am taking example of India Preference category)

- Mother / Father need to go alone to USA on immigration

- As soon as they get the Green Card , File for them as "F2B Category - Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs (Green Card)". Say you are filing for him today ie 27th March 2015. Currently priority date of Visa bulletin for this cases is 22 Aug 2008.

- After 5 years after parents gets the citizenship they just need to send the Citizen certificate to USICS and the category will be changed to "F3 - Married sons and daughters of U.S. citizens, and their spouses and minor children. ". But at this point you need to make sure that your son is UNMARRIED. The priority date will remain same as "24 March 20015" and the category will be changed to F3.

Currently priority date of visa bulletin of F3 is "8Feb 2004".

- After your file is convered , you son may get married and your case/priority date will NOT affect. But if you son got married before the conversion , you will loose priority date and you need to file Fresh. So you will loose your important 5 years.

- So after conversion your File will be under F3 and priority date will be "27 March 20015"

Hope this clarifies. I did marraige before my file convered and I am waiting since 14 years now for visa

my best option is to file for a F2B.

i am really sorry to hear your case taking 14years! and is a very kind gesture from you to share that experience so it doesnt happen to others!

thank you! and hope your waiting ends soon!

Edited March 27, 2015 by Griselita