Filing for Son over 21

[david_dawei]

I am pretty sure of the answer but again want to make sure I pass along the correct info to someone else.

 

Once the son is over 21, the USC husband cannot file for them but rather the Chinese national mom must.

 

Can they do this as a 'conditional resident' or do they need to be a 'permanent resident'?

 

And I know that if the chinese national files it is probably 7-8 years (?) and if they become a USC that filing would shorten to the time for USC, maybe 4-5 years?

[Randy W]

I believe the USC can file if the son was under 18 at the time of marriage. I doubt that's pertinent to this case, so I'm not going to double check for now.

 

Conditional/permanent makes no difference.

 

Yes an existing resident application can be upgraded to over-21 son of USC for the shorter wait time, which would include time already spent (waiting).

[david_dawei]

I believe the USC can file if the son was under 18 at the time of marriage. I doubt that's pertinent to this case, so I'm not going to double check for now.

I agree as that is simply a CR-2 filing which implies they married (meaning, you cannot meaningfully file for a K2 as that is derivative status).

[dnoblett]

I-130 instructions:

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/StepChildBCert.jpg

 

As Randy indicated, to file a petition for a step child, marriage needs to have happened prior to 18th birthday, after that and the bio parent needs to file the petition.

 

And yes, if bio parent naturalizes and becomes a citizen, they notify NVC if and when they get the petition from USCIS and they will place the case in the class Unmarried children over age 21 of a US Citizen which reduces the wait time. If son/daughter were to marry AFTER biological parent had naturalized, again inform NVC of this, it will change the priority class, but will net derivative visas for the family when the time comes to get the visa.

[warpedbored]

The wife can file for her son as a legal resident but it is a second priority visa. About 10 years wait. As a US citizen it's a first priority visa with about 8 years wait. My wife filed for her son 4 years ago, we are still waiting. Looking at the visa bulletin it appears that they are currently working on first priority visas from 2005. As Randy mentioned she could file as a legal resident then if she becomes a US citizen upgrade the petition to first priority. http://travel.state.gov/visa/bulletin/bulletin_1360.html

[david_dawei]

Thanks Carl for the experience. Dan, thanks for the married clause and priority class change. I've got enough info. Thanks.