Does anybody know the current average wait...

[m-coon]

Hello,

 

Now that my wife has finally received her green card - I have the next hurdle to jump: She has a son who wants to also come to the US.

 

I understand we can wait until she becomes a citizen and apply for his visa, and get it immediately - OR we can file now and wait until a visa becomes available to him.

 

My question is which way will most likely be the fastest way to get him here?

 

If we file now - and he still has not received a visa by the time she becomes a citizen - can we then stop that process and file new papers to get him here immediately?

 

Thanks,

Scott

[Angel18]

Hello,

 

Now that my wife has finally received her green card - I have the next hurdle to jump: She has a son who wants to also come to the US.

 

I understand we can wait until she becomes a citizen and apply for his visa, and get it immediately - OR we can file now and wait until a visa becomes available to him.

 

My question is which way will most likely be the fastest way to get him here?

 

If we file now - and he still has not received a visa by the time she becomes a citizen - can we then stop that process and file new papers to get him here immediately?

 

Thanks,

Scott

239618[/snapback]

Actually, you can file it now in your name, not in your wife's name. Stepchildren are also considered as immediate relative to a U.S. citizen. The waiting time depends on how old is he. If he is under 16 years old, I would say it probabely takes one year to one year and half for him to get his visa. Otherwise it will take longer, because of the backgroud check issue.

[Randy W]

You need to ask GUZ for expedited processing to make sure the visa can be awarded by Nov 14 - the K-2 follow-to-join is good for one year after the K-1 visa issuance.

 

follow to join

 

USCONGUZ comments

[Guest pushbrk]

Hello,

 

Now that my wife has finally received her green card - I have the next hurdle to jump: She has a son who wants to also come to the US.

 

I understand we can wait until she becomes a citizen and apply for his visa, and get it immediately - OR we can file now and wait until a visa becomes available to him.

 

My question is which way will most likely be the fastest way to get him here?

 

If we file now - and he still has not received a visa by the time she becomes a citizen - can we then stop that process and file new papers to get him here immediately?

 

Thanks,

Scott

239618[/snapback]

How old was your stepson on the day you married your wife?

[LeeFisher3]

Scott, you must complete the I-130 process as the K-4 visa is not available to you (no matter the age) since your wife received her green card. This is the CR-1/2 process that take about 1-1/2 years on average.

 

Now if the Child was under the age of 16 when you were married you can file the I-130 for him as your Child as defined by USCIS. If he is well under the age of 16 then the security requirements for him are minimal and it can easily go faster.

 

If he was over 16, then the only option open to you is for your wife to become a USC and file for him as an immediate relative. It takes 3 years from the initial green card date for her to apply for naturalization. Once a citizen, she can file for immediate relatives without waiting for a visa number.

[LeeFisher3]

Hello,

 

Now that my wife has finally received her green card - I have the next hurdle to jump: She has a son who wants to also come to the US.

 

I understand we can wait until she becomes a citizen and apply for his visa, and get it immediately - OR we can file now and wait until a visa becomes available to him.

 

My question is which way will most likely be the fastest way to get him here?

 

If we file now - and he still has not received a visa by the time she becomes a citizen - can we then stop that process and file new papers to get him here immediately?

 

Thanks,

Scott

239618[/snapback]

Actually, you can file it now in your name, not in your wife's name. Stepchildren are also considered as immediate relative to a U.S. citizen. The waiting time depends on how old is he. If he is under 16 years old, I would say it probabely takes one year to one year and half for him to get his visa. Otherwise it will take longer, because of the backgroud check issue.

239742[/snapback]

The K-4 option was gone when she finished AOS. One of the little differences between k-1 and K-3.

[Guest pushbrk]

Scott, you must complete the I-130 process as the K-4 visa is not available to you (no matter the age) since your wife received her green card. This is the CR-1/2 process that take about 1-1/2 years on average.

 

Now if the Child was under the age of 16 when you were married you can file the I-130 for him as your Child as defined by USCIS. If he is well under the age of 16 then the security requirements for him are minimal and it can easily go faster.

 

If he was over 16, then the only option open to you is for your wife to become a USC and file for him as an immediate relative. It takes 3 years from the initial green card date for her to apply for naturalization. Once a citizen, she can file for immediate relatives without waiting for a visa number.

239876[/snapback]

I believe the child qualifies as a step-child if under age 18 at the time of the marriage. Under age 16 at the time of the interview qualifies for no security check or police report.

 

It becomes more complicated if the child was 18 or older at the time of your marriage but I haven't studied just what those complications are.

 

To get a useful answer to your question you will need to answer my first one. What was the age of the son on the day you married his mother?

[m-coon]

I'm sorry for forgetting to mention his age.

He was over 21 when we married.

I know I have two options - I was just unsure of the (average) time frame for both these options.

I didn't even know how many years until she can become a citizen until Lee mentioned it above/

So now I know I can wait the 3 years and let her apply as a citizen OR file now and see if a visa comes available to him before the 3 years???

But my big question is if we can stop this process (if it runs over 3 years) and then re-apply as a citizen???

Thanks,

Scott

[LeeFisher3]

I'm sorry for forgetting to mention his age.

He was over 21 when we married.

I know I have two options - I was just unsure of the (average) time frame for both these options.

I didn't even know how many years until she can become a citizen until Lee mentioned it above/

So now I know I can wait the 3 years and let her apply as a citizen OR file now and see if a visa comes available to him before the 3 years???

But my big question is if we can stop this process (if it runs over 3 years) and then re-apply as a citizen???

Thanks,

Scott

239898[/snapback]

Waiting for a visa number is a long term thing, but you get the paperwork in line, then when she becomes a USC it's a matter of notifying them of the change in her status and the process continues. This is the most recommended process.

 

How Do I Bring My Child, Son or Daughter to Live in the United States?

[LeeFisher3]

Scott, you must complete the I-130 process as the K-4 visa is not available to you (no matter the age) since your wife received her green card. This is the CR-1/2 process that take about 1-1/2 years on average.

 

Now if the Child was under the age of 16 when you were married you can file the I-130 for him as your Child as defined by USCIS. If he is well under the age of 16 then the security requirements for him are minimal and it can easily go faster.

 

If he was over 16, then the only option open to you is for your wife to become a USC and file for him as an immediate relative. It takes 3 years from the initial green card date for her to apply for naturalization. Once a citizen, she can file for immediate relatives without waiting for a visa number.

239876[/snapback]

I believe the child qualifies as a step-child if under age 18 at the time of the marriage. Under age 16 at the time of the interview qualifies for no security check or police report.

 

It becomes more complicated if the child was 18 or older at the time of your marriage but I haven't studied just what those complications are.

 

To get a useful answer to your question you will need to answer my first one. What was the age of the son on the day you married his mother?

239891[/snapback]

It appears the USCIS has changed the definition of a child within the past year.

 

But to be honest, giving a useful answer doesn't necessarily require someone to provide all the information you or anyone desires if you are willing to expound on the possible answers, that in itself helps people to understand the category they need to approach.

[Guest pushbrk]

Scott, you must complete the I-130 process as the K-4 visa is not available to you (no matter the age) since your wife received her green card. This is the CR-1/2 process that take about 1-1/2 years on average.

 

Now if the Child was under the age of 16 when you were married you can file the I-130 for him as your Child as defined by USCIS. If he is well under the age of 16 then the security requirements for him are minimal and it can easily go faster.

 

If he was over 16, then the only option open to you is for your wife to become a USC and file for him as an immediate relative. It takes 3 years from the initial green card date for her to apply for naturalization. Once a citizen, she can file for immediate relatives without waiting for a visa number.

239876[/snapback]

I believe the child qualifies as a step-child if under age 18 at the time of the marriage. Under age 16 at the time of the interview qualifies for no security check or police report.

 

It becomes more complicated if the child was 18 or older at the time of your marriage but I haven't studied just what those complications are.

 

To get a useful answer to your question you will need to answer my first one. What was the age of the son on the day you married his mother?

239891[/snapback]

It appears the USCIS has changed the definition of a child within the past year.

 

But to be honest, giving a useful answer doesn't necessarily require someone to provide all the information you or anyone desires if you are willing to expound on the possible answers, that in itself helps people to understand the category they need to approach.

239929[/snapback]

That's certainly one approach. I prefer to understand the question first and taylor the answer to directly address it, where possible. To each, his own. You can observe, however that Scott didn't get the appropriate answer to his question until after he provided the age of the child.

[m-coon]

I'm sorry for forgetting to mention his age.

He was over 21 when we married.

I know I have two options - I was just unsure of the (average) time frame for both these options.

I didn't even know how many years until she can become a citizen until Lee mentioned it above/

So now I know I can wait the 3 years and let her apply as a citizen OR file now and see if a visa comes available to him before the 3 years???

But my big question is if we can stop this process (if it runs over 3 years) and then re-apply as a citizen???

Thanks,

Scott

239898[/snapback]

Waiting for a visa number is a long term thing, but you get the paperwork in line, then when she becomes a USC it's a matter of notifying them of the change in her status and the process continues. This is the most recommended process.

 

How Do I Bring My Child, Son or Daughter to Live in the United States?

239919[/snapback]

So Lee,

You are sure of this answer? If we begin an application now - and my wife becomes a citizen before a visa is issued - then all we have to do is notify them that she is now a citizen - and they will change their directions and issue the visa in a timely manner? What form will I have to file at the time she becomes a citizen? What fees will be connected with this filing?

Thanks So Much For Your Help!!!

Scott