Children of Perm Res Visa

[Mark Eggleston 0]

Hello, I have a question regarding the children of my wife who is on the cusp of getting her Green card. We want to submit to have her two children come to the US. We got married 29 Jan 2021 and her children will be 20 and 19 in Feb & March respectively. I think the 19 year old who was less than 18 at the time of our marriage can file the 1-130? The 20 year old cannot file the I-130? Due to being over 18 at the time of our marriage? What visa type do I file for him? I read about an F2A visa?

Any help greatly appreciated.

 

Best Regards,

Mark

Edited January 24, 2022 by Mark Eggleston
Added content

[milimelo 4,481]

When did she get to the US? Sounds like it was a K-1 visa in which case kids could’ve come on K-2. 
 

if not, you file I-130 for the one that was under 18 when married and wife files for the one that was over 18 when you married. 

Edited January 24, 2022 by milimelo

[Mark Eggleston 0]

Thanks! Yes, she came over in Nov of 2020, go married in Jan 2021. We missed the window to piggyback the K2 at that time. Sounds like now with her green card she will need to be the petitioner and the visa type F2-2 on the I-130 form?  Appreciate the quick reply, very helpful

[milimelo 4,481]

Yes, wife will petition one child (the one that was over 18 at marriage) and you will petition the other child. The one you petition will be processed faster and may get an immigrant visa faster. 

[Chancy 6,241]

*** Moved from K1 Process & Procedures to Bringing Family of LPR forum ***