sponsor step son currently in California on work visa

[debbiedoo 2,339]

My step son (canadian) is currently in california working on some type of work visa (unsure what kind). He is over 21.

 

Am I correct in thinking that we can not sponsor him until my husband has gone through ROC(which is still 2 years away for us). And then it will take 10 ish years for approval? So probably faster for him to find a way through his employer (he works for apple so $ for the employer isnt a big deal LOL). Can an employer even do that? If it matters, I do not foresee my step son ever living with us (not that we would care if he did, but his career opportunities here are slim to none), so would that be an issue?

 

Also, his other son may be interested in immigrating down once he graduates university in a couple of years. would it be different if he is still in Canada and not in the US already? If he does, it is likely he would live with us at least a while until he found a job/got settled

 

Our income is not an issue for sponsoring both. His older son earns more than enough on his own to self sponsor, if that is allowed since he is already here and working.

 

Not sure on these particular issues, since it is out of the k1/cr1 world we've lived in the past several years lol 

Edited December 17, 2019 by debbiedoo

[SusieQQQ 11,584]

Your husband does not have to wait for ROC. Kid must remain unmarried. Category F2B, typically 5-7 years. Depending what visa he is on, his employer could potentially sponsor him for a green card. 
Would be same visa for younger son assuming he reaches 21 before you sponsor, but he’d have to await process in Canada. If he is a year or two from graduating, consider filing now; if he is under 21 then it is category F2A - will likely take approx 2 years till approval. 

[debbiedoo 2,339]

6 minutes ago, SusieQQQ said:

Your husband does not have to wait for ROC. Kid must remain unmarried. Category F2B, typically 5-7 years. Depending what visa he is on, his employer could potentially sponsor him for a green card. 
Would be same visa for younger son assuming he reaches 21 before you sponsor, but he’d have to await process in Canada. If he is a year or two from graduating, consider filing now; if he is under 21 then it is category F2A - will likely take approx 2 years till approval. 

Thank you!

 

To clarify...

 

 

For the younger son in canada:

 

Quote

Filing for Your Relative Who Lives Outside the United States

If your child, son, or daughter is outside the United States, you file Form I-130. The petition will be sent for consular processing after it is approved and a visa is available. The U.S. Embassy or consulate will provide notification and processing information.

 

So, only file i 130 and then later file/pay for 485? or is the 485 not required at all (seems quite strange to me if its not) while it is pending, would it affect his ability to potentially be sponsored for a work visa, if that becomes available to him, as it did for his brother? The younger son turns 21 in april, so for him at least, getting the petition started before he turns 21 seems to be the best route before he hits 21 and before the fees and timelines go up (think they are going up sometime next year, if i remember right)

 

just trying to figure out the best way to navigate without messing up any potential work visas for the younger one, while still saving us time and money

 

 

 

For the older on in california:

 

Quote

If you are a...	Then...
U.S. citizen petitioning for your child (unmarried and under 21)	Your child may file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time that you file Form I-130
U.S. citizen petitioning for your son or daughter (married and/or 21 or over)	You file Form I-130. Your son or daughter files Form I-485 when a visa becomes available. See the Visa Bulletin and Green Card pages.
Permanent resident (Green Card holder) petitioning for your child, son, or daughter	You file Form I-130. Your child, son, or daughter may file Form I-485 when a visa becomes available. See the Visa Bulletin and Green Card pages.

 

we only file i 130. is 485 done before or after visa approval? For our own petitions, i only know the k1 and adjusting directly methods so not sending the 485 now seems weird to me and am not quite understanding at what point we actually pay for it lol . is it similar to the k1 process where it is filed afterwards?

[payxibka 10,044]

1 hour ago, debbiedoo said:

Thank you!

 

To clarify...

 

 

For the younger son in canada:

 

 

So, only file i 130 and then later file/pay for 485? or is the 485 not required at all (seems quite strange to me if its not) while it is pending, would it affect his ability to potentially be sponsored for a work visa, if that becomes available to him, as it did for his brother? The younger son turns 21 in april, so for him at least, getting the petition started before he turns 21 seems to be the best route before he hits 21 and before the fees and timelines go up (think they are going up sometime next year, if i remember right)

 

just trying to figure out the best way to navigate without messing up any potential work visas for the younger one, while still saving us time and money

 

 

 

For the older on in california:

 

 

we only file i 130. is 485 done before or after visa approval? For our own petitions, i only know the k1 and adjusting directly methods so not sending the 485 now seems weird to me and am not quite understanding at what point we actually pay for it lol . is it similar to the k1 process where it is filed afterwards?

The i485 needs an immediate or current priority date.   To which in your situation is neither 

[debbiedoo 2,339]

2 minutes ago, payxibka said:

The i485 needs an immediate or current priority date.   To which in your situation is neither 

Gotcha. Thank you!

[SusieQQQ 11,584]

I485 is not necessary for a beneficiary that undergoes consular processing -he will enter on an immigrant visa and become an LPR as soon as his visa is stamped on entry,

[SusieQQQ 11,584]

2 hours ago, debbiedoo said:

So, only file i 130 and then later file/pay for 485? or is the 485 not required at all (seems quite strange to me if its not) while it is pending, would it affect his ability to potentially be sponsored for a work visa, if that becomes available to him, as it did for his brother? The younger son turns 21 in april, so for him at least, getting the petition started before he turns 21 seems to be the best route before he hits 21 and before the fees and timelines go up (think they are going up sometime next year, if i remember right)

If he’s turning 21 that soon he may age out into F2B, then even more important to file ASAP to get the priority date early.

Work visas are generally h2b which are dual intent (allow immigrant intent) so that will be ok. Not sure about TN if that is the path chosen.

Edited December 17, 2019 by SusieQQQ

[SusieQQQ 11,584]

37 minutes ago, SusieQQQ said:

If he’s turning 21 that soon he may age out into F2B, then even more important to file ASAP to get the priority date early.

Work visas are generally h2b which are dual intent (allow immigrant intent) so that will be ok. Not sure about TN if that is the path chosen.

Just to note, the F2A category right now is current so there are visa numbers immediately available - it’s just processing time that’s the issue. F2A is not expected to remain current indefinitely though. I am actually not sure if you file now, if his age will be locked in at under 21 because it’s current now, or if he will be subject to whatever priority date may be effective when the petition is approved - though if that were the case he would get CSPA protection to at least some extent. Hopefully someone with knowledge on what happens with number retrogression can clarify this. In any case, I’d suggest your husband file ASAP.

[debbiedoo 2,339]

3 minutes ago, SusieQQQ said:

Just to note, the F2A category right now is current so there are visa numbers immediately available - it’s just processing time that’s the issue. F2A is not expected to remain current indefinitely though. I am actually not sure if you file now, if his age will be locked in at under 21 because it’s current now, or if he will be subject to whatever priority date may be effective when the petition is approved - though if that were the case he would get CSPA protection to at least some extent. Hopefully someone with knowledge on what happens with number retrogression can clarify this. In any case, I’d suggest your husband file ASAP.

Id definitely like to file now/soon so if he chooses to come when everything gets to the final stage, he can. if he doesnt, it simply dies out. thats his choice. But it at least gives him the option with a better timeline than if we wait another two years and then he says ' oh i want to come because you are there, my brother is there, and we just found out, his mom is here (florida). So, more than the average reason to want to come here....  even if his family is all spread out, at least everyone is in the same country

[Boiler 43,487]

It is normal for someone relocating on a work visa who may have a desire to stay longer to build into the agreement that the Employer will sponsor them for a GC.

[debbiedoo 2,339]

3 minutes ago, Boiler said:

It is normal for someone relocating on a work visa who may have a desire to stay longer to build into the agreement that the Employer will sponsor them for a GC.

Its apple - like THE Apple so, im sure they can take care of it.

 

if we go through the process for the younger one, will a pending 130 affect any possible work visa he might get/be interested in?

[Boiler 43,487]

I am sure any Employer can, if they want to.

 

Probably not.

[designguy 1,179]

7 hours ago, debbiedoo said:

Its apple - like THE Apple so, im sure they can take care of it.

What is his position and education? Depending on this, his visa type may be subject to labour certification (IE The company will have to make an effort to hire a qualified American. Only if they can't will he be eligible to receive a visa) 

[Boiler 43,487]

28 minutes ago, designguy said:

What is his position and education? Depending on this, his visa type may be subject to labour certification (IE The company will have to make an effort to hire a qualified American. Only if they can't will he be eligible to receive a visa) 

That is pretty standard and there are ways to make sure that is not a problem.

[HRQX 4,145]

17 hours ago, debbiedoo said:

So, only file i 130 and then later file/pay for 485? or is the 485 not required at all (seems quite strange to me if its not)

No I-485 for consular processing; see #4 after I-130 is approved and PD is current: https://www.uscis.gov/greencard/consular-processing

17 hours ago, debbiedoo said:

For the older on in california:

 

 

we only file i 130. is 485 done before or after visa approval?

He files I-485 after PD is current: https://www.uscis.gov/visabulletininfo