I-130 for 20+ y/o child

[Daisy2007 0]

Dear friends,

I and my husband could not afford for my son to study university here, but we would like him to have green card in the future.

He is 17 years old, and we planned to submit petition before he turned to 21 y/o

Could you advice when would be the latest date we submit I-130 for him to get the benefit as an immediate relative of USC?

Is it the day before his 21st b'day or a month, three months...

or as long as the USCIS receieved the petition before his 21st b'day ...

or is the immigrant visa has to be issued before his 21st b'day .....

or he has to enter the US before his 21st b'day..

Anyone has the same experience? thank you for sharing...

[YuAndDan 153]

A few things:

First: your profile shows you as just being approved as a Lawful Permanent Resident, this is different than being a Citizen. In order for you to apply for a visa for a IR visa for a child under 21 you first need to be a US Citizen. You would be filing a second pref visa.

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

http://travel.state.gov/visa/immigrants/ty...types_1306.html

You can file at any time, though the wait time for a visa number can be 2-4 years.

You would first need to obtain Citizenship through Naturalization, (3 years from now) before you can petition for child as an immediate relative.

If you did list your child on the I-129F petition you may be able to bring him here on a K-2 visa. (follow to join)

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

http://travel.state.gov/visa/immigrants/ty...4.html#Children

[meauxna 15]

Dear friends,

I and my husband could not afford for my son to study university here, but we would like him to have green card in the future.

He is 17 years old, and we planned to submit petition before he turned to 21 y/o

Could you advice when would be the latest date we submit I-130 for him to get the benefit as an immediate relative of USC?

Is it the day before his 21st b'day or a month, three months...

or as long as the USCIS receieved the petition before his 21st b'day ...

or is the immigrant visa has to be issued before his 21st b'day .....

or he has to enter the US before his 21st b'day..

Anyone has the same experience? thank you for sharing...

I don't know if the last one is the only answer, or just the safest answer.

Regarding Dan's answer, your USC husband should be able to petition your son as a step child, if the marriage creating the relationship occurs before the son's 18th birthday.

Sorry, but the search feature at uscis.gov isn't up for me right now; you should be able to find info there on petition a stepchild (you've probably already looked). I hope some first-hand experienced people stop by to tell their story!

[Daisy2007 0]

Thank you YuAndDan and Meauxna..

Yes either me or my husband will petition for my son ( step son-step father relationship was created before his 18th b'day )

My son will still need to continue his study in home country even after he got his GC ( apply for re-entry permit )

It's just bothering me after I read that it probably took at least 10 years to get visa for unmarried son over 21 y/o

[meauxna 15]

Thank you YuAndDan and Meauxna..

Yes either me or my husband will petition for my son ( step son-step father relationship was created before his 18th b'day )

My son will still need to continue his study in home country even after he got his GC ( apply for re-entry permit )

It's just bothering me after I read that it probably took at least 10 years to get visa for unmarried son over 21 y/o

Yes, study this carefully before you file anything, and do not wait too long.

If your son can come soon, perhaps he could naturalize to USC with you; this will give him freedom to move back 'home' but return when he wants, too.

The other thing to be careful of is making plans too far in the future. Immigration law can change quickly; you may want to get the immigration benefits you can NOW and now count on them for the future.

[YuAndDan 153]

Thank you YuAndDan and Meauxna..

Yes either me or my husband will petition for my son ( step son-step father relationship was created before his 18th b'day )

My son will still need to continue his study in home country even after he got his GC ( apply for re-entry permit )

It's just bothering me after I read that it probably took at least 10 years to get visa for unmarried son over 21 y/o

One other possibility is your son may be able to become naturalized US citizen through husband adopting him, I am not too sure how it may work, but you may want to consult a lawyer, and read up more about it here:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD