Viable plan to petition my son and his mom/gf?

[Chipz 3]

Hi! I was recently granted an immigrant visa. I have a gf and a son and our original plan is, i will go to u.s. first then petition my gf as fiance and continue my son's existing petition case. This is in 5 years when i become a citizen. Is this plan possible? The reason i can't bring my son now is because he's too clingy to his mom and can't sleep without her. 

[Georgia16 2,858]

How did you get your GC?

 

Depending on how you got it, you and the mom could get married and you can apply for her as a LPR as your spouse

[Chipz 3]

i was petitioned by my mom. i don't have my gc yet. just an immigrant visa and soon will be in u.s. to process gc. sorry whats lpr?

[Scandi 4,176]

Only once you become a citizen you can petition your gf for a K-1 visa. If you become a LPR (legal permanent resident = greencard holder) you can petition a wife, not a fiancé. 

Edited November 13, 2017 by Scandi

[Tracy-->NY 40]

Are you planning on marrying your girlfriend?  You can petition her (as spouse) and your son as a lpr.

[Russ&Caro 1,549]

Redmoon24 this post is not a criticism of you, it's an open related question to the VJ community.

 

Why does USCIS require that an adult son/daughter must remain unmarried as they wait for their priority date for when their parent can sponsor them for an immigrant visa? This case shows that just as soon as the adult son/daughter gains a green card, they can immediately marry their partner and petition their "new" spouse. The original requirement for remaining single doesn't really slow down the chain of migration.

[Chipz 3]

hi tracy,

yes i plan to marry her and bring them to u.s. after i settled there.

 

hi russ,

it's because my case is based on the petition of son/daughter dependent to parent's petition. if i'm not single then it means i have voided the petition of my mom. now since i already have a gf and can be a independent petitioner. its my turn to petition my own family to be with me in the future.

 

 

hi de elle,

thanks. that clears things up for me.

[Chipz 3]

my new question is, let say i got my greencard then petition my son as lpr. how soon will my son get his visa? does he require to leave soon when his case will be available? can he wait for his mom to get her k1 visa? my goal is they go to u.s. together as i've said my son is clingy and a special child.

[Cyberfx1024 7,980]

33 minutes ago, redmoon24 said:

hi tracy,

yes i plan to marry her and bring them to u.s. after i settled there.

 

hi russ,

it's because my case is based on the petition of son/daughter dependent to parent's petition. if i'm not single then it means i have voided the petition of my mom. now since i already have a gf and can be a independent petitioner. its my turn to petition my own family to be with me in the future.

 

 

hi de elle,

thanks. that clears things up for me.

Your case was decided earlier because you are "Not Married". So you can come to the USA and get the actual green card then go back and marry your gf then file for her. 

[geowrian 22,338]

2 minutes ago, Russ&Caro said:

Why does USCIS require that an adult son/daughter must remain unmarried as they wait for their priority date for when their parent can sponsor them for an immigrant visa? This case shows that just as soon as the adult son/daughter gains a green card, they can immediately marry their partner and petition their "new" spouse. The original requirement for remaining single doesn't really slow down the chain of migration.

My understanding is that it's because the visas are for family reunification and a married adult in a foreign country doesn't need to live in the US with their parent. They have their own family and life to take care of separate from the care of their parent(s) now. As you noted, it doesn't do much to address chain migration, though. The ~2 year wait may be a little bit of a deterrent, but often does not do much (especially with the potential for a re-entry permit).

However, they permit this for USCs (albeit with an even longer significant wait). This provision for USCs is also one of the most often discussed items for the chopping block if there's immigration reform.

[Tracy-->NY 40]

53 minutes ago, redmoon24 said:

my new question is, let say i got my greencard then petition my son as lpr. how soon will my son get his visa? does he require to leave soon when his case will be available? can he wait for his mom to get her k1 visa? my goal is they go to u.s. together as i've said my son is clingy and a special child.

You cannot petition your girlfriend through a k1 visa as this is only for fiancé of US citizens.  You will need to marry her first then petition as her as spouse of LPR (F2A category) her wait time at present from petition to interview is approximately two years. Your son can also be petitioned at the same time and will have the same waiting period as he will also be the same category. Once you have your marriage certificate (not marriage license in hand) you can submit your application along with the other required documents (copies) for both petitions (the next day if possible).

 

You can check the I-130 form and instructions on the uscis.gov website.

[geowrian 22,338]

1 minute ago, Tracy-->NY said:

You cannot petition your girlfriend through a k1 visa as this is only for fiancé of US citizens.  You will need to marry her first then petition as her as spouse of LPR (F2A category) her wait time at present from petition to interview is approximately two years. Your son can also be petitioned at the same time and will have the same waiting period as he will also be the same category. Once you have your marriage certificate (not marriage license in hand) you can submit your application along with the other required documents (copies) for both petitions (the next day if possible).

Correct, except there's no need to petition the child separately for F2A. Derivatives are permitted.

The potential issue would be if somebody naturalized and upgraded the petition to a CR-1/IR-1...which does not permit derivatives, so then a petition would be needed for the child.

[kris&me 572]

a lot of information to be seen in the answers to this post

[Chipz 3]

thank you so much for the information.

 

so is it 5 years + 2 years? 7 years of wait for us to be together in u.s.?

 

5 years for my naturalization and 2 years for their visa processing?  correct? or can the 2 years started within those 5 years? do i need to be citizen or just get my gc for their f2a?

Edited November 13, 2017 by redmoon24

[Ontarkie 14,381]

Once you enter the US you will get a stamp in your passport. That stamp is your temp green card and allows you to start a petition for you soon to be wife once you get married after your entry into the US. Do not get married before you get that stamp on your visa. 

 

After you get married you can petition for your new wife no need to wait to start. It will be two years before they can move to the US and be with you.