concurrent filing for hubby and 130 for step daughters in Mexico

[blue_angel_29 108]

Hello!

 

I just read a question about the 2 year GC and the 10 year GC and it never crossed my mind that when my husband gets approved for his GC, we might be married for over 2 years, married April 2018 (based on processing times) and according to the other thread, he will get a 10 year GC and no more ROC. I always thought we will go through ROC no matter what.

 

I also filed 130 for my 2 step daughters(11 and 16 years old) (all filed in may 2018, 485, 130, 131  and 765 for hubby, 130 for kids). According to VJ and everybody that has a pending/approved 130, My 130 may be approved(hopefully) within next year, 2019. If I have the steps clear, the kids will be here by late next year and upon entering, will have their 2 year GC, the older daughter will turn 17 on September 2018.

 

So, the questions are:

 

1.) IF my husband does get approved AFTER our 2 year anniversary, do we still do ROC for the kids?

2.) IF my husband gets approved BEFORE our 2 year anniversary, all of them does ROC but only 1 payment, right?

3.) the older daughter will not age out until she is 21, so if it makes sense, we can postpone their entry until after April 2020 to make sure they get 10year GC, just clarifying.

4.) after 130 is approved, about how long is the process from them going to medical and interview? ( I remember when my grandma petitioned my dad, our 130 was approved December, didn't get medical until june, interview was july and entry to US was November, I was young so I didn't know what they did back then) I know they need to enter US within 6 months of the medical, so what are things we can do to postpone, if needed, the process without any complications. of course, we want them here, but the hassle of ROC right now maybe worth waiting a tad bit longer.

 

 

 

thanks

 

[aleful 1,905]

hi

 

no, if your husband gets the 10 year GC, so will they because it is based on how long you are married, just like your husband

 

it will depend on how long you have been married at the time they enter the country

 

 

 

 

 

 

 

[blue_angel_29 108]

9 minutes ago, aleful said:

hi

 

no, if your husband gets the 10 year GC, so will they because it is based on how long you are married, just like your husband

 

it will depend on how long you have been married at the time they enter the country

 

 

 

 

 

 

 

Yes, so we married april 2018, according to processing time, my hubby might get his gc after april 2020, he is here in us with me, but the daughters might enter within next year, they are in mexico, i applied for their 130 may 2018 and might enter usa(hopefully) late 2019,

 

So the daughters might enter BEFORE the 2 year anniversary, they get the 2yr GC, do they ROC after 2 years of their GC or do they automatically get a 10 year GC when my hubby gets his 10year GC

[aleful 1,905]

hi

 

if you already filed for your husband, it doesn't take that long, so your husband will get the 2 year GC

 

for your stepchildren, it would depend on when you file for them, if you file for them now, they will also get the 2 year GC because when they enter the country you will have less than 2 years of being married

 

the process takes 12 to 14 months, less than 2 years of processing

 

you could have waited until next year to file for your stepdaughters, the process will take 12 to 14 months, unless you stretch out the nvc process, delaying the process so that when they enter the country, you will have been married for over 2 years, so that they get the 10 year GC

 

 

Edited August 18, 2018 by aleful

[blue_angel_29 108]

30 minutes ago, aleful said:

hi

 

if you already filed for your husband, it doesn't take that long, so your husband will get the 2 year GC

 

for your stepchildren, it would depend on when you file for them, if you file for them now, they will also get the 2 year GC because when they enter the country you will have less than 2 years of being married

 

the process takes 12 to 14 months, less than 2 years of processing

 

you could have waited until next year to file for your stepdaughters, the process will take 12 to 14 months, unless you stretch out the nvc process, delaying the process so that when they enter the country, you will have been married for over 2 years, so that they get the 10 year GC

 

 

Ill take a shorter processing and ROC if that means he gets his GC, but I see a lot of people here in VJ still waiting for interview when their PD was from March 2017. 

 

According to other threads, Houston is very backlogged that its very likely to get an interview more than 14 months. 

 

Hypothetically,  if the kids gets here next year, before 2 year anniv but my husband doesnt get approved until after the 2 year anniv, do the kids still go through roc? 

[aleful 1,905]

hi

 

yes, because it depends on how long you've been married when they enter the country

 

 

[blue_angel_29 108]

4 hours ago, aleful said:

hi

 

yes, because it depends on how long you've been married when they enter the country

 

 

What can i do to either postpone or prolong them entering just until after our 2 year anniv? 

[aleful 1,905]

hi

 

just stretch out the paperwork at the nvc stage, take time to pay forms and send documents, months between one thing an another, just as long as you keep the process going and giving immigration something before a year passes

 

slow down the process

[blue_angel_29 108]

2 hours ago, aleful said:

hi

 

just stretch out the paperwork at the nvc stage, take time to pay forms and send documents, months between one thing an another, just as long as you keep the process going and giving immigration something before a year passes

 

slow down the process

Thank you so much