Jump to content
Jane Hat

Over 18 son who is not married, but has kids

By Jane Hat in Bringing Family Members of Permanent Residents to America

 Share

8 posts in this topic

Recommended Posts

Jane Hat Contributor

Jane Hat   1

Posted
Timeline
Posted

Hi,

I have a couple of doubts regarding the a F2B visa.

1) Can a LPR petition a son who is over 18, has never been married, but has two kids?

2) If so, I guess I have to add the name of his children in the I130 form (under item 25: beneficiary's family). Any idea if I have to attach his children's birth certificate as well?

3) Is it true that the beneficiary's children will only be considered if they are younger than 21 by the time that the NVC process ends?

4) Would that petition affect another petiiton that is currently in process, same LPR but requesting a different daughter?

I appreciate any comments you can share with me. THanks!

Link to comment
Share on other sites
geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
  1. Yes. They would fall under F2A actually. F2B would be for a son/daughter who is either married OR age 21+. The person here qualifies as a child still.
  2. Yes, they must be listed. The BCs will be needed when they immigrate...they are not needed with the I-130.
  3. No. What matters is their age at the time the visa number becomes available. That said, we are talking like a 2 year wait for F2A so aging out of their children is not likely. It's more likely that he would age out into F2B, although if you file soon, CSPA will pretty much assure that he doesn't age out unless something really funky happens with the visa bulletin soon.
  4. No impact on any other petition.

 

Edit: Just noticed you said "over 18", sorry. How old are they exactly? If it's age 21 or more, then they would fall under 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

 

Link to comment
Share on other sites
HRQX Veteran

HRQX   4,145

Posted
Timeline
Posted
17 minutes ago, geowrian said:

F2B would be for a son/daughter who is either married OR age 21+.

F2B is for a son/daughter who is unmarried AND CSPA age 21+. There is no visa category for married children of permanent residents: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-january-2020.html

36 minutes ago, Jane Hat said:

Can a LPR petition a son who is over 18, has never been married

What is his current age?

Link to comment
Share on other sites
geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
2 minutes ago, HRQX said:

F2B is for a son/daughter who is unmarried AND CSPA age 21+.

Whoops! Crossed wires mid-sentence...my bad. Thanks for picking up on that! 👍

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

 

Link to comment
Share on other sites
Jane Hat Contributor

Jane Hat   1

Posted
Timeline
  • Author
Posted
6 minutes ago, HRQX said:

F2B is for a son/daughter who is unmarried AND CSPA age 21+. There is no visa category for married children of permanent residents: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-january-2020.html

What is his current age?

Son is 36 and he has never been married, but he has two kids. 

Link to comment
Share on other sites
geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
12 minutes ago, Jane Hat said:

Son is 36 and he has never been married, but he has two kids. 

Okay, so he is under F2B.

He must remain unmarried until after entry on the visa. If the petitioner becomes a US citizen, then he can elect to stay F2B or change to F1.

 

The children must remain unmarried and be under 21 to qualify as dependents when the visa number becomes available.

Keep checking the visa bulletin for current progress: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

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

 

Link to comment
Share on other sites
Jane Hat Contributor

Jane Hat   1

Posted
Timeline
  • Author
Posted
2 hours ago, geowrian said:

Okay, so he is under F2B.

He must remain unmarried until after entry on the visa. If the petitioner becomes a US citizen, then he can elect to stay F2B or change to F1.

 

The children must remain unmarried and be under 21 to qualify as dependents when the visa number becomes available.

Keep checking the visa bulletin for current progress: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Thank you so much for your comments

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,519

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Is the intent the children immigrate and if so is the Mother OK with that?

 

 

“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.”

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...