I-130 for unmarried applicant with children

[Basal 11]

Please if u have an answer I would appreciate it. Can  petitioner apply for unmarried "divorced" applicant with children. The petitioner has a doughter that lives outside USA. For now she has a green card and she get her doughter her sinse she is not married-divorced- but she has kids. Can she apply for her with her kids and they are under 14 years old. 

 

The uscis stated green card for unmarried can apply for I130. 

Please help. If know anything 

thank u 

[Boiler 45,942]

Divorced is unmarried.

[geowrian 22,338]

Yes, an LPR can petition for an unmarried adult daughter. Being divorced does not matter (so long as the divorce is not for the purpose of obtaining an immigration benefit, obviously). This would fall under the F2B category, which means it would take about 8 years for the visa. This is just an estimate - it depends on how many other people apply before him/her and how quickly they process the current backlog given the limited number of visas available per year. This also assumes the daughter is not living in Mexico, China, or India.

 

The daughter must remain eligible throughout the period...meaning if she marries, then she no longer qualifies for the visa.

 

Edit: To clarify the above, if the petitioner becomes a USC and then the daughter marries, that falls under F3 status...but the wait there is even longer (~20 years).

Edited April 3, 2017 by geowrian

[Basal 11]

11 minutes ago, geowrian said:

Yes, an LPR can petition for an unmarried adult daughter. Being divorced does not matter (so long as the divorce is not for the purpose of obtaining an immigration benefit, obviously). This would fall under the F2B category, which means it would take about 8 years for the visa. This is just an estimate - it depends on how many other people apply before him/her and how quickly they process the current backlog given the limited number of visas available per year. This also assumes the daughter is not living in Mexico, China, or India.

 

The daughter must remain eligible throughout the period...meaning if she marries, then she no longer qualifies for the visa.

 

Edit: To clarify the above, if the petitioner becomes a USC and then the daughter marries, that falls under F3 status...but the wait there is even longer (~20 years).

What about her kids --- the applicant kids-- 

thank u a lot 

[geowrian 22,338]

3 minutes ago, Basal said:

What about her kids --- the applicant kids-- 

thank u a lot 

Yes, if the kids are under 21 and unmarried at the time the visa is issued.

[SJLOVE 17]

1 hour ago, Basal said:

Please if u have an answer I would appreciate it. Can  petitioner apply for unmarried "divorced" applicant with children. The petitioner has a doughter that lives outside USA. For now she has a green card and she get her doughter her sinse she is not married-divorced- but she has kids. Can she apply for her with her kids and they are under 14 years old. 

 

The uscis stated green card for unmarried can apply for I130. 

Please help. If know anything 

thank u 

Yes,  she can apply for her daughter and grandchildren 

Edited April 3, 2017 by SJLOVE

[NigeriaorBust 4,087]

  The daughter must remain unmarried as long as the mother is an LPR  else the petition is voided.  It is likely that the grandchildren will age out and also likely by that time there will be no class for adult children so they may not be able to come.

[Basal 11]

Thanks to all. I'm not sure why it will take too long. She will get her citizenship this year don't u think that will speed up the process, even if we attach her  "petitioner "medical report. ? 

[Boiler 45,942]

Daughter needs to wait for her Visa Number to become current.

[geowrian 22,338]

35 minutes ago, Basal said:

Thanks to all. I'm not sure why it will take too long. She will get her citizenship this year don't u think that will speed up the process, even if we attach her  "petitioner "medical report. ? 

If she gets citizenship and then files for her daughter, it will fall under the F1 category. This also has about an 8 year wait, and the grandkids would still qualify as derivatives if they are under 21 when the visa is issued (or else they will age out). A medical report has no bearing on the process. There is no way to speed up the process here...that's simply how long it takes for a visa to become available.