GC for kids after AOS approval

M

Marilka

Registered Users (C)
What is the procedure for bringing one's minor children from home country after the main beneficiary's AOS application has been approved? The beneficiary was sponsored by his US citizen father and is in the US but his kids (both under 21) are still abroad.
The bcis customer service rep told us that I-130's have to be filed for them and that they have to wait 4-5 years before their priority dates come up. That doesn't seem correct to me, but I can't seem to find any reliable info anywhere. Does anyone know?
 
Marilka, Hello!
The information your got from USCIS is correct. The citizen grandfather cannot sponsor his grandchildren and GC holder father has to wait for a visa priority date.
While I was looking for a better advice for you I read your other posts. Are you talking about your fiancé here?
Are you a US citizen by any chance?
If yes – then there is a faster way to bring your honey’s children here.
You can file I-130 for each child after you get married. They will qualify like immediate family and won't have to wait for a visa number.
BUT – you have to be a US citizen to file for your step-children and they have to be under 18.

more info: http://uscis.gov/graphics/services/residency/family.htm#anchor365711
 
Thank you for the information.

That is bad news! We hoped they would qualify for follow to join benefit, since they were both under 21 at the time their father received a green card.

I will become a citizen sometime in January-March of 2006 and I know I will be able to sponsor my younger step-son, but the older one is already 18 and it is him we are worried about.

Isn't there a provision somewhere about ageing out that could protect him?

If it is as you describe it, then what would happen in my fiance's sister's case? She is also being sponsored by the same father. Her case won't come up for another year, since she is in a F3 category, but when it does and she receives a green card, what would happen to her husband and their kids? Will they also have to be sponsored separately and wait 5 years?
 
Marilka said:
Thank you for the information.

Isn't there a provision somewhere about ageing out that could protect him?

Yes it is and if your fiancée files now, his older child will remain “18 years old” for as long until petition gets approved.

If it is as you describe it, then what would happen in my fiance's sister's case? She is also being sponsored by the same father. Her case won't come up for another year, since she is in a F3 category, but when it does and she receives a green card, what would happen to her husband and their kids? Will they also have to be sponsored separately and wait 5 years?

No. Case of your sister-in-low is different. She is a “married child” and her US citizen father should have included her family in the same I-130 application, so she, her husband and their children all apply and receive their GCs at the same time.
Click to expand...
 
So the kids of "unmarried children of US citizens" are treated differently than kids of "married children of US citizen"? Then my fiance's kids not only lost their family when their parents divorced, they also lost their place in line for the residency... That's unfair.
 
The categories are explain in this link:

http://uscis.gov/graphics/howdoi/immvisa.htm

You can check out the follow to join rules but I don't know if the part of the marriage applies: http://uscis.gov/graphics/howdoi/childproc.htm#following

Your fiance's children didn't lost their place in line for the residency application because your fiance's father apply just for him as "an unmarried adult son of a USC". After that he then should apply for them, if you got married (and get the citizenship) then you can apply for them and will be faster.

Now check the second link because explains what happened if you have to file for your future stepson, the marriage should exists before his 18th birthday! In any case if he (your fiance) applies now for his son then as Jane Green explains will be protected and stay for "18 years" until the petition's results.

The priority dates don't pass through family members.

Good luck,
 
Well, we decided to consult an immigration attorney and we were told that as long as he's received his green card in a preference category (ie. adult son/daughter of a us citizen) - which he did - his kids qualify for the following to join benefit and now we just have to find out if the I-824 he filed together with I-485 is being processed or if he has to file another one.

Had he become resident as an immediate family of a us citizen (as a child under 21) his kids would have to be sponsored separately through I-130.

This was all very confusing, the child vs adult son/daughter issue, but I think we have it straight finally.

Thanks guys!
 
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