CR1, not sure when stepson wants to move to US?

[SDAO 1]

Hi there,

I'm filling out the CR1 for my husband. However, he has a son who is 10 years old. We are not sure when his son will want to come to the US to live with us, so should I petition for my stepson now or is it ok to wait another couple years? My stepson's mom wants my husband to settle down and then potentially allow stepson to come.  Or can I petition for my stepson now, go through the motions, and once approved let it sit until he's ready to fully come to US?

 

Few facts about spouse:

He's currently living in Russia, we got married in 2019 but due to major life incidents, didn't apply for CR1 until now.

 

[Crazy Cat 41,845]

You can start the process for both now.  Then the child's case can be held at NVC until ready to immigrate to the US.  

File for both now.

At the NVC stage, pay fees and submit document for husband's case only.  Husband's case will proceed to consulate for interview.  Child's case will remain at NVC until you get ready to continue process for son.

Edited June 27, 2023 by Crazy Cat

[Mike E 11,739]

20 minutes ago, SDAO said:

ok to wait another couple years

Dangerous.

 

You can lock his CSPA age in at under 21, so that when he does pursue his visa, even if he is 21 or older, he will still be processed as a child of a U.S. citizen (2 year wait) versus an adult son of U.S. citizen (10 year wait).

 

File his I-130 now and pay the fee before it goes up.

[Chancy 6,241]

*** Moved from What Visa Do I Need to IR1/CR1 Process & Procedures ***

 

[SalishSea 17,828]

I definitely wouldn’t wait, since it’s Russia.

[Redro 4,611]

On 6/27/2023 at 1:12 PM, SDAO said:

Hi there,

I'm filling out the CR1 for my husband. However, he has a son who is 10 years old. We are not sure when his son will want to come to the US to live with us, so should I petition for my stepson now or is it ok to wait another couple years? My stepson's mom wants my husband to settle down and then potentially allow stepson to come.  Or can I petition for my stepson now, go through the motions, and once approved let it sit until he's ready to fully come to US?

 

Few facts about spouse:

He's currently living in Russia, we got married in 2019 but due to major life incidents, didn't apply for CR1 until now.

 

As your husband is from Russia it might take a little longer for him to get to the US. Conservative timeline is 18-24 months from filing petition. Your stepson would be maybe be 12/13 when he finally arrives to the US. How much time do you think he would need to settle? 1-2 years or longer? Stepson might only move to the US at 16-18 if you delay filing for him now. 
Then- the US currently does not have a consulate in Russia. This means your husband (and your stepson) have to interview in a different country. You will have to research how to get both of them to another country for interview. Is the mom willing to travel with him? Would your husband travel back to Russia and then the third country to assist your son in the interview? 
Is the staggered arrival a must or do you think the parents would reconsider having your stepson move to the US with your husband? 
You should read timelines and journeys for the visa process in the RUB subforum. 
ETA it will be an IR1 visa not CR1 as you’ve been married for more than 2 years. 

Edited June 29, 2023 by Redro
Added rub subforum suggestion