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MrandMrsAlexander Explorer

MrandMrsAlexander   44

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Filed: IR-1/CR-1 Visa Country: Guyana
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Hi all. I’m a usc and we’re awaiting my husband’s NOA2. I would like to know if I can petition for my step-son who was 18 when we got married. 

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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No, a stepchild must be under age 18 when the marriage occurred to be considered a stepson eligible for immigration benefits.

Your husband can file for him under F2A category the moment he arrives in the US on an immigrant visa. ETA: ~2-2.5 years. The sooner, the better...he does have a risk of aging out into F2B with a 7-10 year wait if you wait too long.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Boiler Grand Master

Boiler   45,529

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Filed: K-1 Visa Country: Wales
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They married nearly a year ago so presumably 19 now?

 

Exact dates may no doubt matter.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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MrandMrsAlexander Explorer

MrandMrsAlexander   44

Posted
Filed: IR-1/CR-1 Visa Country: Guyana
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Posted
19 minutes ago, geowrian said:

No, a stepchild must be under age 18 when the marriage occurred to be considered a stepson eligible for immigration benefits.

Your husband can file for him under F2A category the moment he arrives in the US on an immigrant visa. ETA: ~2-2.5 years. The sooner, the better...he does have a risk of aging out into F2B with a 7-10 year wait if you wait too long.

So if he turns 21 before the 2-2.5 yrs, he gets pushed to fb2? He will turn 20 when his dad gets his gc. 

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted (edited)
4 minutes ago, MrandMrsAlexander said:

So if he turns 21 before the 2-2.5 yrs, he gets pushed to fb2? He will turn 20 when his dad gets his gc. 

If his CSPA-adjusted age is 21 or greater then he will age out into F2B. The exact dates will matter because CSPA "freezes" his age while the I-130 is still pending, but it resumes counting after approval of the I-130 (while waiting for the Priority Date to become current). This gap between approval and PD becoming current could be 1 year, 6 months etc...there's no way to know for sure.

 

If he will be 20 when the father enters the US on the immigrant visa and filed for him, then most likely he will age out into F2B.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Boiler Grand Master

Boiler   45,529

Posted
Filed: K-1 Visa Country: Wales
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Posted

He will be in F2b and yes, to stay in F2b he needs to remain single.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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