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Mike V

Petetition for permanent residents unmarried sons & daughters over 21

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Filed: Other Timeline

I had thought that that ony citizens could petition for children > 21, but when I was checking the estimated USCIS processing time for our fiancee visa, I noticed this item a bit down the page:

I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21 November 16, 2015


After further searching, I ended up here:

https://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents


and found this:

If you are a ... Permanent resident (green card holder)

You may petition for ...

  • Children (unmarried and under 21) - Your child’s child(ren) may be included on this petition.
  • Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition.

Once my fiance and her 3 children < 21 are here and she has a green card, can she petition her two older children (27 & 25)? And perhaps the two children of the 25-year-old? Both are single.

The priority date wait for FIlipinos is 20+ years. Would these two be subject to the priority date scheme, or would the visas be issued within a few months?

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The priority date system would still apply.

If such visa categories are continured under the new administration, that is.

Currently the wait for unmarried adult children of LPRs from the Philippines is 11 years but it's getting longer every year. So realistically it could be closer to 15 years before they can immigrate. And they must remain unmarried throughout the entire waiting period. So they will be in their 40s before they are eligible to immigrate. They may not be ready for marriage now in their 20s but between now and the next 15 years that may change.

The wait will also extend if your wife obtains citizenship.

Personally I think it's crazy to not take citizenship and for your children to remain single for another 15 years just so that they can immigrate. But their view may be different.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Still more than a decade wait.

And as said they can't get married. With such a long wait many end up starting their own family and developing a life in there country.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: F-2A Visa Country: Philippines
Timeline

For Philippines, the waiting time for unmarried sons/daughters 21yo and over is 10 YEARS. They are under the F2B category. Beneficiaries of that category may also bring their unmarried kids provided they are also under 21yo by the time of the embassy interview.

Only US citizens can petition for their MARRIED children so if the children marries somewhere along the way of the F2B process and the petitioner is still a GC holder, it may void the petition, if not... their category will change to F3 and waiting time will double (20+ years).

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