My wifes son

[scissordoc 0]

Hello all!! I have a few questions for you. I am married to a woman from russia. We are trying to get her son here to america. My wife came here to america on a k-1 visa. Her son (18 at the time) was also on the k2 visa. We got married and her son came here later. he stayed for 2 weeks and went back to russia. (reasons of school and girlfriend) but a year later he wanted to come back. my wife had her green card and file a i-130. for him. It was approved before his 21 birthday, and they told us he had to wait for a visa to become available. this spring my wife will apply for us citzenship. My question is how will they handle this application? will he be able to come here as soon as she becomes a citizen???? or will they say he is first preference??? (6 more years!!!) What about his aging out???

or will it be better to wait for her citizenship and have him here onfamily preference 2a visa?? I try to understand the visa bullitin and it is very confusing to me as it go forwrd and backwards!! can someone please give me some insight!!!

thanks

michael

[Boiler 45,940]

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent

Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

Not sure what is confusing you, assuming he is unmarried he will go from 2a to 1 on his Mothers Citizenship.

[scissordoc 0]

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent

Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

Not sure what is confusing you, assuming he is unmarried he will go from 2a to 1 on his Mothers Citizenship.

[scissordoc 0]

my questin is that i have called NVC and USCIS i get differnt answers from them. the question is that when my wife becomes a us citizen will her sons status change to a immidiate relative classification. not peference 1. some people sau yes and some say no. his i-130 was approved before his 21 birthday is he protected under the child protection act?

[Boiler 45,940]

my questin is that i have called NVC and USCIS i get differnt answers from them. the question is that when my wife becomes a us citizen will her sons status change to a immidiate relative classification. not peference 1. some people sau yes and some say no. his i-130 was approved before his 21 birthday is he protected under the child protection act?

The USCIS hot line is operated by telesales reps, they work from scripts, soem know more than others, but never to be relied upon.

[Peridot 0]

my questin is that i have called NVC and USCIS i get differnt answers from them. the question is that when my wife becomes a us citizen will her sons status change to a immidiate relative classification. not peference 1. some people sau yes and some say no. his i-130 was approved before his 21 birthday is he protected under the child protection act?

My understanding of this type of situation is that if a petition has been filed for a minor under 21 and the child will soon turn 21, you have to notify the NVC within 60 days before their 21st birthday. If visas are available in the applicant's category, they'll expedite processing. They can't do this if visas are not available in said category prior to the child's 21st birthday. The number I have is 603-334-0700 from a 2003 info sheet. It says to listen to the recording, then enter the case number/ins receipt number and a rep will assist you. You can also notify NVC by mail.

If your USC wife files a petition for her son, who's 21 or up and unmarried, he'll fall into the family based category with first preference. And yes, that one takes 6 years.

My understanding is that if the applicant's (age or marital) status changes from the petition's stated category, it could affect their eligibilty to get a visa within that category. I'd advise you to consult with a lawyer or expert to clarify the situation as to whether to old petition is no longer valid due to the son's age or if a new petition must be filed.

[scissordoc 0]

yes it is true that uscis does not have all the correct answers. i know i do not nee to refile petition. NVC will ugrade on there own whi i ugrade sveta status