When can we apply for daughter?

[heyjimi]

last night we got into a discussion,and the wife was saying,for CR1,it takes 5 years before we can apply for daughter,and the IR1 only takes 3 years.We were wondering when can we apply for daughter.

thanks.

 

Jimi

[Randy W]

How old was she at the time of your marriage? Is your wife K-3 or CR-1?

 

 

You file an I-130 (or your wife does), not for a specific CR/IR visa type

 

If your wife is K-3, her daughter may be eligible for a K-4 follow to join

[Sebastian]

I gotta think this is a K-3 visa, Jimi - my apologies, my brain is fuzzy.

 

If the daughter is UNDER 21, she qualifies for a K-4 'follow to join' - but you must contact GUZ immediately to get the ball rolling. They have been known to 'send P3 within 3 weeks' once you've successfully got their attention. I've read here about another member doing this , sometime this year.

 

re: the timespans your wife talked about - that's specifically for :

US Citizen (her) able to file an I-130 for her over 21-years age daughter.

 

Which presupposes that she's gotten US citizenship.

Now, with a CR-1 - she needs to wait about 5 years (give or take) to become a USC, then she can file for her daughter.

 

With an IR-1, she needs to wait about 3.5 years to become a US Citizen (this number may have changed, have a look?) .

Edited June 18, 2009 by Sebastian (see edit history)

[Guest jin979]

Moved to this forum,seemed correct.

[Randy W]

I gotta think this is a K-3 visa, Jimi - my apologies, my brain is fuzzy.

 

If the daughter is UNDER 21, she qualifies for a K-4 'follow to join' - but you must contact GUZ immediately to get the ball rolling. They have been known to 'send P3 within 3 weeks' once you've successfully got their attention. I've read here about another member doing this , sometime this year.

 

re: the timespans your wife talked about - that's specifically for :

US Citizen (her) able to file an I-130 for her over 21-years age daughter.

 

Which presupposes that she's gotten US citizenship.

Now, with a CR-1 - she needs to wait about 5 years (give or take) to become a USC, then she can file for her daughter.

 

With an IR-1, she needs to wait about 3.5 years to become a US Citizen (this number may have changed, have a look?) .

 

 

LPR's can file for their children - as my wife has done. Takes closer to 10 years, than 5 (as for a citizen)

 

If she was over 18 at the time they got married, the step-father (the US citizen) can NOT file an I-130 for his step-daughter.

 

K-4's cannot adjust status, if they were over 18 at the time of marriage.

 

So tell us what your situation is, so we can clear this up a little for you.

[dnoblett]

They were K-3 but that got denied, and they are now doing CR-1.

 

Not sure where you got the 3 year and 5 years from.

 

If marriage happened before child's 18th birthday, then US Citizen "Step parent" can file an I-130 for step child's visa the visa will be CR-2 if parents marriage is less than 2 years at time of visa interview, or IR-2 if marriage is more than 2 years. If child gets a CR-2 visa and enters the USA after 2 years of marriage the visa will be treated as an IR-2 visa. CR-2 = 2 year conditional green-card, IR-2 = 10 year UN-Conditional green-card. This gets a visa like spouse of US citizen under the unlimited class and typically takes as long as a spousal visa t get.

 

IF child was older that 18 at time of marriage the the child's Chinese citizen needs to file for the visa. In this case the child will be one if the following depending on mother's status (Green-card holder or US Citizen) and child's age and/or marital status.

FAMILY-SPONSORED PREFERENCES

 

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;

 

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

 

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

 

Green-card holder can only file an I-130 for an unmarried children (Class F2A (under 21) or F2B over 21), if green-card holder becomes a US citizen, the pending visa can be upped to the F1 class.

 

If child marries or is married then parent needs to first become a US Citizen through naturalization and then file for visa in the F3 class.

 

MORE: http://travel.state.gov/visa/frvi/bulletin...letin_4512.html

 

If gree

[Tom and Ling]

Which presupposes that she's gotten US citizenship.

Now, with a CR-1 - she needs to wait about 5 years (give or take) to become a USC, then she can file for her daughter.

 

With an IR-1, she needs to wait about 3.5 years to become a US Citizen (this number may have changed, have a look?) .

 

Hi Sebastian,

 

The wife of a US citizen can apply for Citizenship after three years from the time of legal permanent residence. It however takes about 1 year from applying to getting US Citizenship. Total Time to become a US Citizen is about 4 years.

My second wife did this and became a US Citizen in 4 years.

CR-1 IR-1 doesn't make any difference,,it is amount of permanent residence in the US and married to a US Citizen.

 

What heyjimi does depends on how old the daughter was when they got married, but since he is not K visa,,it maybe that his wife will have to become a US Citizen.

 

Tom and Ling

[Tom and Ling]

last night we got into a discussion,and the wife was saying,for CR1,it takes 5 years before we can apply for daughter,and the IR1 only takes 3 years.We were wondering when can we apply for daughter.

thanks.

 

Jimi

 

Hi Jimi,

 

Like everybody else is asking...How old is the daughter??

 

Tom and Ling

[heyjimi]

I gotta think this is a K-3 visa, Jimi - my apologies, my brain is fuzzy.

 

If the daughter is UNDER 21, she qualifies for a K-4 'follow to join' - but you must contact GUZ immediately to get the ball rolling. They have been known to 'send P3 within 3 weeks' once you've successfully got their attention. I've read here about another member doing this , sometime this year.

 

re: the timespans your wife talked about - that's specifically for :

US Citizen (her) able to file an I-130 for her over 21-years age daughter.

 

Which presupposes that she's gotten US citizenship.

Now, with a CR-1 - she needs to wait about 5 years (give or take) to become a USC, then she can file for her daughter.

 

With an IR-1, she needs to wait about 3.5 years to become a US Citizen (this number may have changed, have a look?) .

 

 

LPR's can file for their children - as my wife has done. Takes closer to 10 years, than 5 (as for a citizen)

 

If she was over 18 at the time they got married, the step-father (the US citizen) can NOT file an I-130 for his step-daughter.

 

K-4's cannot adjust status, if they were over 18 at the time of marriage.

 

So tell us what your situation is, so we can clear this up a little for you.

 

 

Yes,i posted this early in the morning,a bit vague sorry.the daughter is 21 years old.We are CR1,we had a k3 denial in October 08.The wife says,with cr1 it takes 5 years to apply for her,while the ir1 it takes 3 years.I thought a step father (me)could file.but i guess is not possible?

 

jimi

[Randy W]

 

 

Yes,i posted this early in the morning,a bit vague sorry.the daughter is 21 years old.We are CR1,we had a k3 denial in October 08.The wife says,with cr1 it takes 5 years to apply for her,while the ir1 it takes 3 years.I thought a step father (me)could file.but i guess is not possible?

 

jimi

 

You could file only if she was under 18 at the time you got married. Your wife can file NOW, and let it upgrade if she becomes a citizen.

 

You file the I-130 - not for a specific IR/CR visa. When the visa is awarded, it will be probably an IR-1. This means that she will get a 10 yr green card.

 

Over 21 child of an LPR has a wait of approximately 8 years