CR-2 petition for my almost 21 year old step-son

[louisill 0]

I am a USC with a I-130 petition pending for my wife since Mar 2015. I was initially told that I could not petition for my almost 21 year old step-son because he was 18 1/2 years old when we got married. The NVC just advised me that I should submit a CR-2 petition on his behalf although we got married after his 18th birthday. What are your recommendations to best proceed? We have been trying to petition him before he turns 21 and looses his child preference status.

[Merrytooth 5,748]

Please note that to qualify for a stepchild relationship, the Immigration and Nationality Act (INA) requires that the marriage establishing the relationship take place before the child’s 18^th birthday.

I don't think you can file CR2 for your step-son at all.

This CR2 case is denied due to the marriage occurred after step child is 18 year old.

http://www.visajourney.com/forums/topic/589094-cr2-visa-was-denied/

[Boiler 45,862]

K3 and K4?

[newacct 688]

K3 and K4?

But it's practically impossible to get K-3 these days.

[Merrytooth 5,748]

https://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

Note: In order for a K-4 who is a step-child of a USC to immigrate as a relative of the USC step-parent (whether through adjustment of status in the United States or an immigrant visa abroad) the marriage between his or her parent and the USC must have occurred before his or her 18th birthday.

[Boiler 45,862]

That leaves her sponsoring him once she has her GC.

[louisill 0]

What would you recommend for us to do to expedite a petition on his behalf before he turns 21 in two weeks? He is in the US on a M-1 professional pilot program visa, but wants to get his LPR and USC status as soon as possible. After he turns 21, as I understand, he would change from a F2A to F2B with a seven year waiting period. Would it be possible to expedite my wife's petition currently pending at the NVC to get her medical, embassy appointment, and green card so that she could petition for him under the CSPA before he ages out?

[Boiler 45,862]

2 weeks.

Nothing happens that quickly.

[aleful 1,905]

hi

not possible, unfortunately he will be over 21, when she is able to file for him

as others have said, the marriage had to take place before he was 18 for you to file for him

[newacct 688]

https://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

Note: In order for a K-4 who is a step-child of a USC to immigrate as a relative of the USC step-parent (whether through adjustment of status in the United States or an immigrant visa abroad) the marriage between his or her parent and the USC must have occurred before his or her 18th birthday.

In the 7th Circuit at least, as long as they enter the US as K-4, they can adjust status according to the decision in Akram v. Holder. The decision is not binding in other circuits but it may be persuasive.

But it is unlikely to get K-3/K-4 in the first place. Though it may be worth a try.

[TBoneTX 45,812]

Welcome to the forum. Good luck.

[NigeriaorBust 4,087]

Unless the I29f is already in the system there is no chance it will progress to AOS in 2 weeks. Where is the wifes petition ?

[aaron2020 11,651]

I am a USC with a I-130 petition pending for my wife since Mar 2015. I was initially told that I could not petition for my almost 21 year old step-son because he was 18 1/2 years old when we got married. The NVC just advised me that I should submit a CR-2 petition on his behalf although we got married after his 18th birthday. What are your recommendations to best proceed? We have been trying to petition him before he turns 21 and looses his child preference status.

The NVC is wrong. You can not file anything for your stepson because you married his mother after his 18th birthday. The only option is for your wife to immigrate and get her green card and then petition for her son. It currently takes 7 years for an LPR parent to petition for an unmarried child over 21. He must remain unmarried during the entire process. There is no other way.

K3 and K4?

He would not qualify for a K4 because a K4 can only be issued if he was under age 18 when his mother got married. Since he was over 18, he does not qualify for a K4. There is not path to immigrate through his USC stepfather.

What would you recommend for us to do to expedite a petition on his behalf before he turns 21 in two weeks? He is in the US on a M-1 professional pilot program visa, but wants to get his LPR and USC status as soon as possible. After he turns 21, as I understand, he would change from a F2A to F2B with a seven year waiting period. Would it be possible to expedite my wife's petition currently pending at the NVC to get her medical, embassy appointment, and green card so that she could petition for him under the CSPA before he ages out?

Sorry, but there is nothing you can do to expedite anything. You can never file anything for your stepson. The law does not allow your wife to expedite anything for her son. CSPA can not help him with his 21st birthday being in 2 weeks. He will have to wait until his PD becomes current in the F2b category. Sorry to be the bearer of bad news, but you have to be told the truth.

In the 7th Circuit at least, as long as they enter the US as K-4, they can adjust status according to the decision in Akram v. Holder. The decision is not binding in other circuits but it may be persuasive.

But it is unlikely to get K-3/K-4 in the first place. Though it may be worth a try.

He does not qualify for a K-4.

https://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

Note: In order for a K-4 who is a step-child of a USC to immigrate as a relative of the USC step-parent (whether through adjustment of status in the United States or an immigrant visa abroad) the marriage between his or her parent and the USC must have occurred before his or her 18th birthday.

[newacct 688]

because a K4 can only be issued if he was under age 18 when his mother got married.

Not true. A K-4 can be issued to an under-21 child of a K-3.

https://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

Note: In order for a K-4 who is a step-child of a USC to immigrate as a relative of the USC step-parent (whether through adjustment of status in the United States or an immigrant visa abroad) the marriage between his or her parent and the USC must have occurred before his or her 18th birthday.

Like I said, the thing about K-4 adjustment has been overturned in the 7th circuit, and may be challengeable in other circuits as well.

[aaron2020 11,651]

Not true. A K-4 can be issued to an under-21 child of a K-3. Not what I posted. Nowhere did I say a K-4 could not be issued to a child under 21. A K-4 can be issued to a child under 21 BUT the marriage has to occur before the child's 18th birthday.

Like I said, the thing about K-4 adjustment has been overturned in the 7th circuit, and may be challengeable in other circuits as well.

A K-4 would be analogous to filing for a CR-2/IR-2. A USC can file for a stepchild under age 21 if the marriage occurred before the child's 18th birthday.

Edited May 10, 2016 by aaron2020