Green card for my wife's daughter

[MarcRosie]

Quick question that could have a long answer. My wife is in the process of getting her green card. They're saying about 5 months to process this. Also, we want to bring her daughter here also, but time is an issue. She turns 21 on January 16, 2012. She is currently in London studying. My attorney says that once my wife has her green card confirmation that she can then apply for the I-130 for her daughter. I can not because she is over 18 years old. My attorney says that once the application is filed that her age is frozen, making it possible that if it takes longer than we want, even though she turns 21 her age is frozen at the point of the I-130 being filed. Which then allows the process to continue in a timely manner (hopefully 5-6 month to completion). Otherwise, it still allows for her to apply for her after she turns 21, but then how long are we looking at then?

With the wealth of knowledge all you guys have, could you give us some suggestions or information or directions on how we might be able to 'guarantee' all of this happens for her daughter too. Our attorney is pretty good, but there's been a few things he's missed that we caught. So we are just wanting to make sure.

One more thing. My wife didn't change her name after our wedding because her father requested that she did not. Will this cause problems with her getting her green card?

Thanks!! Have a great day!!!

Marc and Rosie

Edited October 11, 2013 by dnoblett (see edit history)

[dnoblett]

1) Last first, no problems with no family name change, in fact it is quite customary for Chinese wives to not take husband's family name. And this is NOT a requirement in the USA either.

 

2) Unmarried son/daughter of an LPR under age 21 get's F-2A priority for getting an immigrant visa, currently NVC is handling ones that have a priority date of Jan 07, which means about 4 years to process, give or take some depending on what s used in the other priority classes.

 

Not too sure about the age freeze thing, some interpretation has to do with if USCIS takes long to approve the petition, the length of time that USCIS takes gets subtracted from beneficiary's age, so for example, USCIS takes a year to process and approve the I-130, beneficiary would be considered less than 21 until they turn 22 ad in a few more factors making it more complex that that though. CSPA http://travel.state.gov/visa/laws/telegrams/telegrams_1369.html

[Randy W]

Her age is frozen as of the date her visa number becomes current, less the USCIS processing time. The USCIS will process her petition NOW. The processing time is then subtracted from the priority date to determine when her age will be frozen

 

By the time this happens, she will be over 21, putting her in category F2B. The current priority date for this category is April 15, 2003 - she can expect approximately an 8 year wait.

 

UNLESS your wife becomes a citizen in the meantime. If she does, the petition can be upgraded to category F1 (shaving only one year off the time by the present visa bulletin)

 

If she gets MARRIED at any point during the wait, the petition will be voided, UNLESS it has been upgraded to the F1 daughter of a citizen category (in which case it would be DOWNGRADED to the F3 married daughter of citizen category)

 

Congress has allocated quotas for some categories of visa applicants. Most of the cases we see on this website stem from a petition filed by a US Citizen for his/her spouse and or children. There is no quota for these categories. They are referred to as having an "immediately available visa number".

 

Other cases for which quotas apply (e.g., unmarried child of a Legal Permanent Resident (LPR) over the age of 21) must wait for an "available visa number". This wait can be as long as five or ten years. The Visa Bulletin shows the priority dates for the petitions which are presently being processed.

Edited April 8, 2011 by Randy W (see edit history)

[MarcRosie]

Hey Everyone! Please comment on this.

 

It was suggested that F-2A would be given to my wife's daughter, but this says differently, unless I just don't know how to read it. It's not saying that she'll be an F-2A but be in the second group of the F1.

 

First: (F1) 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. (F2A) Spouses and Children: 77% of the overall second preference limitation,

of which 75% are exempt from the per-country limit;

[dnoblett]

Hey Everyone! Please comment on this.

 

It was suggested that F-2A would be given to my wife's daughter, but this says differently, unless I just don't know how to read it. It's not saying that she'll be an F-2A but be in the second group of the F1.

 

First: (F1) 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. (F2A) Spouses and Children: 77% of the overall second preference limitation,

of which 75% are exempt from the per-country limit;

 

Note the "Citizens" is part of F1, your spouse is not a US citizen, if during the course of the petition process your spouse does become a US Citizen, then yes step daughter would become F1 Class rather then F2A.

 

Also note depending on country, F1 may actually take longer to get a visa than F2 classes. (China is one of these cases) (F2A Mar 08, F1 May 04, this means petitions filed on or before that date.) Only way for daughter to be classed F1 at the present would be if you married her parent prior to age 18, but then again if that happened you would have been the one to file the I-130 as a step parent, and step child would fall into the Unlimited class and would not be waiting for a visa number, unless she is over age 21..

 

Lastly Daughter may fall into F2B class due to probably aging out before a visa number can be issued, CSPA only freezes age for a limited length of time.

 

More: http://www.travel.state.gov/visa/bulletin/bulletin_5489.html

[MarcRosie]

Yes but it says under the F1 designations.....

 

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:

 

What else can it mean but someone that has their 'green card' or is a 'permanent resident'? And says that this group uses any "unused first preference numbers".

[Randy W]

Yes but it says under the F1 designations.....

 

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:

 

What else can it mean but someone that has their 'green card' or is a 'permanent resident'? And says that this group uses any "unused first preference numbers".

 

 

 

The First preference category (F1) is for Immediate Relatives of citizens. The Second preference category (F2A - Spouses and Children of LPR's and F2B - Unmarried Sons and Daughters) is for Immediate Relatives of LPR's

 

any "unused first preference numbers" of the First preference category (F1) are passed along to the second preference categories F2A and F2B.

Edited June 12, 2011 by dnoblett (see edit history)

[dnoblett]

Yes but it says under the F1 designations.....

 

{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:

 

What else can it mean but someone that has their 'green card' or is a 'permanent resident'? And says that this group uses any "unused first preference numbers".

 

Note:

 

• First = F1 (1 = First)
• Second = F2A or F2B (2 = second)

 

F-1 FIRST preference is only for sons/daughters of US Citizens.

 

Sons/Daughters of Lawful Permanent Residents fall into the {Second} Preference class (F2A or F2B) depending on age.