CR-1

[rochelel 5]

Can a CR-1 person who is still on the 2 year probation period file for his son?

[LORIEandPHIL 123]

How old is your son? if he was under 18, when you married a USC. then they should file for him. You can file, but it takes a lot longer than if the USC. files.

[aleful 1,905]

hi

yes, and the process can take up to 2 years, so probably you will have gotten your 10 year GC by the time your son has the interview

[rochelel 5]

How old is your son? if he was under 18, when you married a USC. then they should file for him. You can file, but it takes a lot longer than if the USC. files.

Yes he's 16 and was 15 at the time of our marriage.

I thought if the USC files it came though faster.

But can the 2 year green card holder file? How will his aos go?

[EM_Vandaveer 2,408]

Yes he's 16 and was 15 at the time of our marriage.

I thought if the USC files it came though faster.

But can the 2 year green card holder file? How will his aos go?

The 2-year GC holder CAN file, but their spouse, the USC should file instead, as a stepparent, as it will only take a year that way.

If the 2-year GC holder files, it will take 2-2.5 years.

No AOS for the child. If the USC stepparent files for him, he'll get an IR-2 visa, if the LPR parent then he'll get an F2A visa. Both these visas are immigrant visas so the child will be an LPR upon entry.

Edited December 18, 2016 by EM_Vandaveer

[rochelel 5]

The 2-year GC holder CAN file, but their spouse, the USC should file instead, as a stepparent, as it will only take a year that way.

If the 2-year GC holder files, it will take 2-2.5 years.

No AOS for the child. If the USC stepparent files for him, he'll get an IR-2 visa, if the LPR parent then he'll get an F2A visa. Both these visas are immigrant visas so the child will be an LPR upon entry.

Thanks all I get is good stuff form here. But 2021 the son will be 21 so he'll get though by then.

[EM_Vandaveer 2,408]

Thanks all I get is good stuff form here. But 2021 the son will be 21 so he'll get though by then.

Yes, but I still don't understand why wouldn't the USC stepparent file...

[aleful 1,905]

hi

I agree, why didn't or won't your husband who filed for you, file for your son as well,

the wait is a year less if your husband files for him, since the marriage took place before he was 18

[EM_Vandaveer 2,408]

Also unless you have enough income for a household of 3 on your own (assuming you are still married), you'll need your spouse's help to petition for your son. Even if you petition for him, you'll need your spouse for the sponsorship.