Bringing Son to USA/ US citizen

[Indy Sab 174]

Good morning everyone... what form do I need to fill out to bring my son to the USA? my son is over 21. He has two sons that arr also over 21.... can they be added to the petition? and if is he is married can his wife be added too?

[Mike E 11,739]

10 minutes ago, Charlys&Indy said:

Good morning everyone... what form do I need to fill out to bring my son to the USA? my son is over 21

assuming he is not a U.S. citizen (are you sure he is not?), file I-130

 

10 minutes ago, Charlys&Indy said:

He has two sons that arr also over 21.... can they be added to the petition?

no. Too old.

10 minutes ago, Charlys&Indy said:

 

and if is he is married can his wife be added too?

Yes

[Boiler 45,449]

F3 Visa so he files for him and Spouses only come into it when the Priority Date is current.

 

I 130

 

When he gets his US Citizenship he can likewise file for his married children.

 

 

[Indy Sab 174]

Just now, Mike E said:

assuming he is not a U.S. citizen (are you sure he is not?), file I-130

 

no. Too old.

Yes

thank you for replying back... so I was going through the guides.... and they say that if you are requesting a child over 21 that has kids over 21 they can be added to the petition....

[Boiler 45,449]

Minor Children, not married and over 21.

[Indy Sab 174]

5 minutes ago, Boiler said:

Minor Children, not married and over 21.

ok got it, thank you.... that was confusing... and after the I-130 is approved whats next? could you please guide me in what should be the first step and then forward? i appreciate any help and input you all can give me and guide me too.... much love 😍

Edited March 29, 2023 by Charlys&Indy

[Mike E 11,739]

22 minutes ago, Charlys&Indy said:

thank you for replying back... so I was going through the guides.... and they say that if you are requesting a child over 21 that has kids over 21 they can be added to the petition....

I disagree with your claim that that is what the guides are saying. 

22 minutes ago, Charlys&Indy said:

What you have screenshot does not say what you claim it is saying.
 

 

https://www.visajourney.com/guides/us-immigration-guide-for-children/

“Married sons and daughters (any age) - Your son or daughter’s spouse and/or child(ren) may be included on this petition.”

 

Child has a specific meaning in U.S. immigration law. You needed to (and need to) read the companion guide:

 

https://www.visajourney.com/guides/us-immigration-for-children/

“The immigration law defines a 'child' as an unmarried person under the age of 21 (a minor) who is”

 

But let’s set aside visajourney guides and go to a primary source:

 

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants
 

“If you are the spouse or unmarried child (under 21 years of age) of a family-based principal applicant, you may apply for a Green Card as a derivative applicant. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives.”

 

Your grand children are too old to be derivatives. Realistically, if your son gets a green card through you, and then applies for his children, they might get immigration visas in 30 years from now.

 

31 minutes ago, Charlys&Indy said:

  after the I-130 is approved whats next? could you please guide me in what should be the first step

NVC takes over case, and visa application, I-864 must be submitted, police certificates

31 minutes ago, Charlys&Indy said:

and then forward? 

NVC then schedules interview.

 

Applicants get medical examinations, ideally before interview

 

After interview and approval, visa issued. Applicant has 6 months from date of medical to use visa.

 

After getting visa, pay immigrant fee (aka green card fee)

 

Enter U.S. 

 

Apply for SSN, DL, health insurance

 

Receive green card

 

Read https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-april-2023.html

 

 

[Boiler 45,449]

Looking at 20 years for F3, then Citizenship etc then more than 20 years again, so when we get into 50 years plus I give up.

[SteveInBostonI130 3,432]

11 hours ago, Charlys&Indy said:

ok got it, thank you.... that was confusing... and after the I-130 is approved whats next? could you please guide me in what should be the first step and then forward? i appreciate any help and input you all can give me and guide me too.... much love 😍

 

I-130, one, for your son and his spouse as a derivate.

 

It will take years to get approved, and then years until a visa becomes available.  About 20 years from now, you and your son completes the NVC step, and then wait for an interview.

 

After he arrives and 5 years later becomes a citizen, he repeats the entire process for his sons.

[Indy Sab 174]

23 hours ago, Boiler said:

Looking at 20 years for F3, then Citizenship etc then more than 20 years again, so when we get into 50 years plus I give up.

he is better off getting tourist visa

[Boiler 45,449]

Just now, Charlys&Indy said:

he is better off getting tourist visa

If he wants to visit the US then yes.

[Indy Sab 174]

its all we can hope for

Edited March 30, 2023 by Charlys&Indy

[Boiler 45,449]

4 minutes ago, Charlys&Indy said:

its all we can hope for

It does not matter where he is when you apply for his Green Card, obviously the sooner you apply the quicker it will be.

[Indy Sab 174]

Just now, Boiler said:

It does not matter where he is when you apply for his Green Card, obviously the sooner you apply the quicker it will be.

yes I know... but if its takes 20 years then its better if he is on this side

[Boiler 45,449]

1 minute ago, Charlys&Indy said:

yes I know... but if its takes 20 years then its better if he is on this side

If you mean the US that is what you are applying for, so he can be on this side.