US citizen petitioning I-130 for step children who are outside US

[apond 36]

4 minutes ago, Winter_water said:

I feel more comfortable to deal with my children my self and not at mercy of step mother. How soon can I petition I-130 for them and what is time line considering ages 23yrs6 months old oldest to 16yrs6months old by JAN 12TH 2025 when I hope to become LPR

Then it will take longer. She’s their step mother so I would think your relationship would last long enough to petition them? Longer one would hope. 

[appleblossom 2,435]

10 minutes ago, Winter_water said:

I can leave them for a while .

I feel more comfortable to deal with my children my self and not at mercy of step mother. How soon can I and what is time line considering ages 23yrs6 months old oldest to 16yrs6months old by JAN 12TH 2025 when I hope to become LPR

 

It would be leaving them for at least a couple of years? What do you mean 'not at mercy of step mother'? She just needs to petition them, the same as she's done for you. 

[appleblossom 2,435]

Oh, and if you're only just at the DS-260 stage there's no way you'll be a LPR by January. The wait for an interview at Montreal is about 6 months for spouses, so even if you are DQ'ed soon the earliest you could expect an interview would be around April next year. Which is why pausing your case and getting your spouse to file I-130's for the 3 youngest children so they can catch you up makes much more sense. 

Edited October 8 by appleblossom

[powerpuff 6,674]

29 minutes ago, Winter_water said:

I can leave them for a while .

You’re okay with leaving them behind for at least 5 years? Because that’s how long it takes for children of LPRs. It’ll be about 10 years for adult children of LPRs (they must stay unmarried). 

Edited October 8 by powerpuff

[Winter_water 0]

21 minutes ago, apond said:

Then it will take longer. She’s their step mother so I would think your relationship would last long enough to petition them? Longer one would hope. 

How long comparatively ?

[Winter_water 0]

2 minutes ago, powerpuff said:

How long will it take if done by my US citizen spouse ? It worth mentioning that they are all Canadian Citizen . Does it make it easier if they just travel to me in USA ? They don't need visa anyways and it is  4hrs flight maximum!

[powerpuff 6,674]

Same time as it takes to petition you. This is for those who were below 18 when you married. The older ones will have to be petitioned by you (about a 10 year wait).

 

and no, you cannot use a non immigrant visa waiver program to immigrate and try to circumvent the immigration process just because they're Canadian.

 

If you want them (younger ones) to come with you, your US citizen spouse needs to petition for them.

Edited October 8 by powerpuff

[Dashinka 24,478]

55 minutes ago, appleblossom said:

 

A, unless you want to leave your children? 

 

And then you petition for your eldest once you are a LPR and in the US. 

Assuming the eldest child remains unmarried until the visa is issued.

[Lemonslice 4,831]

14 minutes ago, Winter_water said:

20 minutes ago, powerpuff said:

How long will it take if done by my US citizen spouse ? It worth mentioning that they are all Canadian Citizen . Does it make it easier if they just travel to me in USA ? They don't need visa anyways and it is  4hrs flight maximum!

I think you need to stop, think, discuss, and decide where your children will/want to live (are they in college? do they want to live with their other parent?, and other factors important to your family).  

If the plan is for them to live in the US, then having your spouse petition them asap is the quickest, most efficient, way to go.

It they will continue to live in Canada, then they are able to visit you.  

[pushbrk 12,868]

1 hour ago, Winter_water said:

I-130 approved. I am the applicant with children ages 23-16yrs old. Currently at NVC stage.my spouse is a usc and I am wondering if I can do derivative beneficiary for my children ages less than 21 ?

As already indicated, there are no derivative beneficiaries for the families of US Citizens.  Now is the time for you and your spouse to become A-Students of the I-130 instructions.  If you had done this to begin with, you would not be in this pickle.  And....if there was another way, I would have told you the first time. 

I've been a member here 19 years.  I've seen this same mistake countless times.  It is what it is.

Edited October 8 by pushbrk

[Winter_water 0]

My USC spouse want to file I-130 for my 3 children ages: The oldest  is 17yrs and 5months on day of our wedding (currently 19yrs and 4months) , second  currently 17 yrs and 11 months and the third is 16yrs and 4months today.

• Are the  ages listed still eligible and what are the document required for all.
• Can the paper filing be in same envelope on different forms in same envelope.
• What are the document needed that has to go with application.
• Where should the application send  to.

Thanks

[Lemonslice 4,831]

Please read the guides and the instructions for each of the forms, that will answer most of your questions.  If anything is unclear while preparing the petitions, do come back with more specific questions

 

 

[Winter_water 0]

I130 was done by us Citizens for a spouse who is outside USA with 2 dependent. Fine they ought to have done separate petitions for each of the children from onset So moving forward: if the US citizen petition for the2 step children or their father who just got his green card petition for his 2 children. What is the pros and cons of either one?

I got a response from  another group please see the attached screen shot and would an input from experienced member here.

Thank.

[appleblossom 2,435]

4 hours ago, Winter_water said:

I130 was done by us Citizens for a spouse who is outside USA with 2 dependent. Fine they ought to have done separate petitions for each of the children from onset So moving forward: if the US citizen petition for the2 step children or their father who just got his green card petition for his 2 children. What is the pros and cons of either one?

I got a response from  another group please see the attached screen shot and would an input from experienced member here.

Thank.

Might be worth re-reading the advice you’ve already been given on your other thread. Yes, as you’ve been told it will be many years before your children can move if you petition them. Whereas if your spouse does then they’re classed as immediate relatives so it’ll be much quicker. So again, as you’ve been advised you should pause your own application now (before you start to apply for a visa) and wait for your children to catch up. 
 

You just need to petition your eldest once get your GC as you married after they turned 18, so your spouse can’t petition him/her. 
 

But this is all in your other thread. 

Edited October 14 by appleblossom

[Crazy Cat 41,804]

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