How to bring wife childrens to U.S

[Jacnie 0]

4 minutes ago, aaron2020 said:

Too late to do K-2 follow to join since it has been more than a year since your wife got her K-1 visa.

 

As a US citizen stepparent, you can file for the child that was 17 years old when you got married.  This is the quickest way for the child to immigrate.

 

Unfortunately, you can not file for the child that was 18 years old when you got married.  A US citizen stepparent is only allowed to file for stepchildren that were under age 18 when they got married.  Your wife can file for this child in the F2a category.  This will take a couple of years because there's a presidential ban on F2a visas and the child has to wait for a current Priority Date.  

 

Good luck.

That means it only matters the age she have when we got married? She already have 18. What form do i need to fill?

[SusieQQQ 11,587]

6 minutes ago, aaron2020 said:

Too late to do K-2 follow to join since it has been more than a year since your wife got her K-1 visa.

 

As a US citizen stepparent, you can file for the child that was 17 years old when you got married.  This is the quickest way for the child to immigrate.

 

Unfortunately, you can not file for the child that was 18 years old when you got married.  A US citizen stepparent is only allowed to file for stepchildren that were under age 18 when they got married.  Your wife can file for this child in the F2a category.  This will take a couple of years because there's a presidential ban on F2a visas and the child has to wait for a current Priority Date.  

 

Good luck.

 

So the choice is whether you (OP) want to get one here as fast as possible (the one that can be filled for as stepchild) or if you want both to come at the same time, in which case your wife files F2A for both of them.

Edited August 14, 2020 by SusieQQQ

[aaron2020 11,651]

1 minute ago, Jacnie said:

That means it only matters the age she have when we got married? She already have 18. What form do i need to fill?

No.  I never said that.  Current age does matter.  

 

You can petition for a stepchild that was under 18 years old when you married mom.

Since the child is under 21 NOW, the case would be an Immediate Relative case.  If you wait and filed for her after age 21, then it would be an F1 family preference case.  So current age does matter.  

Follow the Guides on VJ.  You start by filing an I-130.  

[Jacnie 0]

6 minutes ago, aaron2020 said:

No.  I never said that.  Current age does matter.  

 

You can petition for a stepchild that was under 18 years old when you married mom.

Since the child is under 21 NOW, the case would be an Immediate Relative case.  If you wait and filed for her after age 21, then it would be an F1 family preference case.  So current age does matter.  

Follow the Guides on VJ.  You start by filing an I-130.  

Ok. Right now wife daughters are 18 and 19. When we married age were 17 and 18. So if i understands correct form i130 needs to be filled for each of them. Form i130 is filled by my or by my wife 

 

[aaron2020 11,651]

Just now, Jacnie said:

Ok. Right now wife daughters are 18 and 19. When we married age were 17 and 18. So if i understands correct form i130 needs to be filled for each of them. Form i130 is filled by my or by my wife 

 

You can file the I-130 for the younger child.  You are the petitioner on the I-130 for this case.

Your wife files a separate I-130 for the older child.  She would be the petitioner on the I-130 for this case.  
 

[Jacnie 0]

1 minute ago, aaron2020 said:

You can file the I-130 for the younger child.  You are the petitioner on the I-130 for this case.

Your wife files a separate I-130 for the older child.  She would be the petitioner on the I-130 for this case.  
 

That means that wife cannot file i130 for both daughters? Or me file i130 for both wife daughters?

Thanks in advance

[aaron2020 11,651]

4 minutes ago, Jacnie said:

That means that wife cannot file i130 for both daughters? Or me file i130 for both wife daughters?

Thanks in advance

Your wife can certainly file separate I-130s for both daughters.  But why?  It will mean a longer wait for the younger child to immigrate if her LPR mom files.

Once again, you can not file I-130s for both daughters.  You can not file for the older daughter.  You can ONLY file for the younger daughter.

The younger daughter has two options to immigrate to the US.  Through you or her mom.  It would be quicker if you file for her.

The older daughter has only one option to immigrate to the US.  Through her mom since you can not file for her.  

Edited August 14, 2020 by aaron2020

[Jacnie 0]

3 minutes ago, aaron2020 said:

Your wife can certainly file separate I-130s for both daughters.  But why?  It will mean a longer wait for the younger child to immigrate if her LPR mom files.

Once again, you can not file I-130s for both daughters.  You can not file for the older daughter.  You can ONLY file for the younger daughter.

The younger daughter has two options to immigrate to the US.  Through you or her mom.  It would be quicker if you file for her.

The older daughter has only one option to immigrate to the US.  Through her mom since you can not file for her.  

Ok. Thank you for all this info. Thank you to all of you that reply. 

[SusieQQQ 11,587]

8 minutes ago, aaron2020 said:

Your wife can certainly file separate I-130s for both daughters.  But why?  It will mean a longer wait for the younger child to immigrate if her LPR mom files.
 

The “why” might be if the sisters do not want to be separated while they wait. As I said before - the younger one may either want to immigrate faster, or stay with her sister. Some people would prefer to stay with family  rather than immigrate faster, for others speed with which they get a visa is more important. Depends what their family priorities are. It is somewhat strange that they did not investigate all this back when the K1 was being filed, but it is what it is.

[aaron2020 11,651]

2 minutes ago, SusieQQQ said:

The “why” might be if the sisters do not want to be separated while they wait. As I said before - the younger one may either want to immigrate faster, or stay with her sister. Some people would prefer to stay with family  rather than immigrate faster, for others speed with which they get a visa is more important. Depends what their family priorities are. It is somewhat strange that they did not investigate all this back when the K1 was being filed, but it is what it is.

Very valid point.  If they want both daughters to immigrate at the same time and not separate them.

However, it means the younger daughter will have to wait an additional year to immigrate and possibly aging out.  If he files, CSPA locks the child's age in at under 21 when he files.  If she files, CSPA locks in the child's age when the PD becomes current.

[Jacnie 0]

27 minutes ago, aaron2020 said:

Very valid point.  If they want both daughters to immigrate at the same time and not separate them.

However, it means the younger daughter will have to wait an additional year to immigrate and possibly aging out.  If he files, CSPA locks the child's age in at under 21 when he files.  If she files, CSPA locks in the child's age when the PD becomes current.

What you mean by CSPA locks age when PD becomes current?Didnt understand acronyms?

[aaron2020 11,651]

1 minute ago, Jacnie said:

What you mean by CSPA locks age when PD becomes current?Didnt understand acronyms?

This is gonna get complexed.

CSPA is the the Child Status Protection Act.

When a USC petitions for a child under age 21 in an Immediate Relative case, then CSPA locks that child's CSPA age in when the I-130 is filed.  (This would happen if you file for the younger daughter.). Visas are not limited in IR cases, so you don't need to worry about a Priority Date  (PD) or aging out if a child turns 21 while waiting for a visa.

 

When a LPR petitions for a child under age 21, then CSPA locks the child's CSPA age in only when the Priority Date (PD) becomes current.  A PD becomes current when a visa becomes available in one of the family preference categories.  Visas are limited annually in family preference categories.  While waiting for an available visa, it is possible for a child who turns 21 to age out into another category.  For an F2a beneficiary who ages out into the F2b category, the wait could go from 2 years in the F2a category to 7 years in the F2b category.  

[SusieQQQ 11,587]

48 minutes ago, aaron2020 said:

Very valid point.  If they want both daughters to immigrate at the same time and not separate them.

However, it means the younger daughter will have to wait an additional year to immigrate and possibly aging out.  If he files, CSPA locks the child's age in at under 21 when he files.  If she files, CSPA locks in the child's age when the PD becomes current.

F2A is current at the moment so right now it’s the same thing, but who knows what will happen next year. Anyway - cspa is unlikely to be an issue for an 18 year old and probably not even the 19 year old at this stage for F2A anyway.  They still get protection from processing time.

Edited August 14, 2020 by SusieQQQ

[SusieQQQ 11,587]

5 minutes ago, aaron2020 said:

When a LPR petitions for a child under age 21, then CSPA locks the child's CSPA age in only when the Priority Date (PD) becomes current.  A PD becomes current when a visa becomes available in one of the family preference categories.  Visas are limited annually in family preference categories.  While waiting for an available visa, it is possible for a child who turns 21 to age out into another category.  For an F2a beneficiary who ages out into the F2b category, the wait could go from 2 years in the F2a category to 7 years in the F2b category.  

^ or approval date, whichever is later. F2A is current at present so it’s the approval date that matters now. This may change next year, but in practical terms for an F2A case for 18/19 year old I don’t think aging out is likely to be an issue, given protection from the processing time. 
 

For OP, the CSPA age is actual age less the processing time to approval. This latter has been 1-2 years for F2A so it gives the girls an extra year or two before they age out.

Edited August 14, 2020 by SusieQQQ

[aaron2020 11,651]

3 minutes ago, SusieQQQ said:

F2A is current at the moment so right now it’s the same thing, but who knows what will happen next year. Anyway - cspa is unlikely to be an issue for an 18 year old and probably not even the 19 year old at this stage for F2A anyway.  They still get protection from processing time.

You never know what will happen in the future. 

With the current ban, the number of F2a cases waiting for visas are increasing.  Increase demand with limited annual numbers of visas means we will likely see a retrogression.  Back in 2009, there was a 5 years wait for a current PD in the F2a category.  

I'm not a betting man, I would rather lock in a child's CSPA age at under 21 in the IR category rather than take a chance in the F2a category under current circumstances.