18 & 23 Year old Children of Husband coming under CR-1/IR-1

[LM & J 0]

I'm U.S. citizen and my husband has his Interview for the CR-1/IR-1 visa in Mumbai India this March. We would like to begin paperwork to bring his children from India to U.S. now also.

The 23 year old was within the 21 years or younger qualification when we began filing for husband visa, so is there an exception then?

 

Could someone please provide what forms/process we need to do for them since he will obtaining Green Card to U.S. soon?

 

We did include them on the "children" shown on I-130.

 

I found this link:

Bringing Children, Sons and Daughters to Live in the United States as Permanent Residents | USCIS

If I understand correctly, we complete I-130 and I-864 (same as we did for my husband) - correct?

 

Thank you kindly for any help you may offer. We really appreciate it.

[appleblossom 2,517]

Yes, same process, they need their own petitions. But the 23 year old will be a longer wait as there isn't a visa available to them now, for them to be classed as an immediate relative you'd have needed to petition for them before they turned 21.

 

Good luck.

[appleblossom 2,517]

Just another thought - did you marry the children's father before the eldest turned 18?

Edited January 26 by appleblossom

[manyfudge 291]

1) 23 yo - could take a decade at this point even if you married his father while he was under 18.

 

2) 18yo  - you likely married his father while he was under 18.  File an i130 for him asap.

[Boiler 45,516]

They were married March 22 so yes you can file for the younger one and it should be a couple of years. Father files for the older one as a LPR and that will be well who knows, 10 plus years.

[Family 3,988]

1 hour ago, manyfudge said:

1) 23 yo - could take a decade at this point even if you married his father while he was under 18.

 

2) 18yo  - you likely married his father while he was under 18.  File an i130 for him asap.

From title of post , it appears husband ‘s case is DCF. If so, and younger one was under 18 at time of marriage..subject would have come up  and I-130 for child lodged as well.
 

Am guessing here , but I think .husband will need to file for both and both will wait a while