Processing time difference for a US Citizen vs. a Permanent Resident getting green card for non-married child <21

[DonLorenzo 1]

My wife, a green card holder, would like to get a green card for her son who is 20 years old now.  Does anybody know if there's a processing time difference between a US Citizen vs. a Permanent Resident getting green card for their child?  Maybe said another way, would it speed the processing time if my wife were a citizen?

 

Any help would be appreciated, thanks.

[Transborderwife 4,666]

About 5 years either way.  He must stay unmarried 

[Unlockable 7,316]

Take speed out of the equation. Will be a few years regardless.

 

Curious. When did you marry his mother? Before or after his 18th bday?

[DonLorenzo 1]

NuestraUnion, thanks.  We married well before his 18th birthday, when he was 15.

[Hypnos 6,578]

Assuming you're a US citizen, you should file an I-130 for him immediately as his step-parent. This would take around a year, instead of two years if your LPR spouse filed for him.

 

The I-130 would need to file with USCIS before his 21st birthday to retain this faster processing status (immediate relative).

Edited January 13, 2017 by Hypnos

[DonLorenzo 1]

Thanks, Hypnos & Transborderwife.  

 

I'm a US Citizen and my spouse is an LPR.  I'm also not the legal "step-parent" of her son.  My wife wants to fast-track the process (assuming that's possible) and has heard she could bring her son over faster if she 1st becomes a US Citizen.  I'm not sure one way or the other if that's true or not.  I tried researching the question, but haven't found a definitive answer.  Thus, my question to you (or anyone listening) is below:

• Would the processing time (obtaining green card for non-married child <21) be faster if my wife becomes a US Citizen vs. trying to get her son a green card as an LPR?  I do recall Transborderwife's response from above, which said it's going to be ~5 years either way.

That said, my wife is thinking she should become a US Citizen ASAP.  Since I'm unsure, I'm hoping someone might have some insight with respect to the three possible scenarios below:

1. My spouse, an LPR, becomes a US Citizen first (thinking doing so will be the fastest of all possible scenarios).  Then she would submit the I-130 for her son, or...
2. My LPR spouse submit the I-130 and subsequently the AOS for green card, or...
3. I (as the US Citizen spouse of an LPR) would submit the  I-130 and subsequently the AOS for green card.

I would certainly appreciate any input you all might have!

 

Cheers.

 

[Hypnos 6,578]

It will be ~1 year if a US citizen parent or step-parent petitions the child (you or your wife doesn't matter - just as long as the I-130 is accepted by USCIS before the child turns 21).

 

It will be ~6.5 years if the child is petitioned by an LPR because they will likely age-out from F2A into the F2B family preference category. 

 

How are you not the legal step-parent of the child? Provided you married the child's mother before the child turned 18 then USCIS considers you to have a basis to file an I-130 as the child's step-parent. 

Edited January 14, 2017 by Hypnos

[DonLorenzo 1]

Hypnos, thanks.  If possible, could you (or anyone) help with the questions on the I-130 form:

1. I am filing this petition for my: Child (the child's mother and I married well before his 18th birthday when he was 15).
2. Are you related by adoption? Yes (I'm assuming I answer this yes since I married the child's mother before the child turned 18.  As you suggested, that's the basis to file an I-130 as the child's [adoptive] step-parent).
3. Did you gain permanent residence through adoption? No.  However, this question makes no sense to me unless it's being asked to setup the next Section B, which asks about my information.

 

Edited January 16, 2017 by DonLorenzo

[Hypnos 6,578]

2) No, since you didn't adopt the child.

[DonLorenzo 1]

Thanks, Hypnos.

 

Two other questions, the child is 20 years old, but will turn 21 in March 2018. That said, does him (the child) becoming 21 cause any issues?  Also, is there an upper-end age limit, i.e., 26 years of age?  I seem to recall there's an age limit on being able to be considered as a Child or Son of a Petitioner if the child turns 26 years old.

[Hypnos 6,578]

There's no upper limit provided the I-130 for him is filed before he turns 21.

 

Technically, 21 is the cutoff for being considered a child and therefore an immediate relative, but his age will be frozen on the day you file under the Child Status Protection Act. Even if it were only filed with USCIS the day before his 21st birthday, USCIS would consider him a 20yo for immigration purposes. 

 

CSPA protections are weaker for petitions filed by permanent residents. This is why it's important that a US citizen petitions for him, and does so before he turns 21.

Edited January 16, 2017 by Hypnos