Can a Green Card Holder (waiting for removal of conditions) petition children over 21?

[cdctke 0]

Hi All, 

We are having a debate and hoping someone can help. You are all so helpful so I know you can. 🙂 

 

My wife is a Green Card holder and we are waiting for removal of conditions (slow process).  We have 1 of her children with us (under 21 and came over on a K2).  She has two other children over 21 and single in the Philippines.  Is she considered a Legal Permanent Resident (LPR) or does she have to wait for removal of conditions to be considered an LPR?  If she is an LPR, than based on my reading of the I-130 instructions, she could petition her two other children over 21 (we thought we she had to wait to be a citizen). 

 

Thanks again. 

Charlie

[belinda63 3,038]

If they are unmarried yes. If they marry during the wait, which is substantial then the application becomes void. The children can marry after the mother becomes a US citizen.

[aleful 1,905]

 

yes she can,

 

it is a very long wait, so she not only should have removed conditions, but already become a USC before the i130 is even approved, 

 

 

[Crazy Cat 41,888]

51 minutes ago, cdctke said:

Is she considered a Legal Permanent Resident (LPR)

Yes

[aaron2020 11,651]

A conditional legal permanent resident is an LPR. 

Your wife can file for her unmarried children over age 21 in the F2b category.  They must stay unmarried for the entire process.  This means until they enter the US with immigrant visas.  If they get marry before entering the US, they will be disqualified.  

 

My nephew came over in the F2b category with his children.  A week later, he returned home and married the mother of his children.  

 

Do not make the mistake of getting married before coming to the US.  This is where most people screw up.  They get their visas and marry before coming to the US.  A married person can not use an immigration visa from the F2b category.  This is the biggest pitfall.