Green card for my Son and his Stepmother.

[dallasred]

Firstly, please accept my apologies if this particular thread has been done like a million times, but I looked at some threads, and they got side tracked off the subject.

This is our situation. My wife is a US citizen, I’m a permanent resident of the US since 2005, and we would very much like to bring our son to the US on a permanent basis. He is 20 years old and currently resides in England.

Now my understanding is, we need to apply using the form i130. Are there any other forms we need to file along with i130? Also, can my son visit (using the visa waver program) whilst the application is being processed? Does he need to be in the UK or the US while the applications are running? Any feedback will be very much welcome.

Thanks, Paul

 

[Jackolantern]

Now my understanding is, we need to apply using the form i130. Are there any other forms we need to file along with i130?

There are some supporting documents, see the I-130 instructions for details. Near the end of the process there will be other forms such as I-864 and DS-230.

Also, can my son visit (using the visa waver program) whilst the application is being processed?

If the officer at the port of entry notices the I-130, or if they otherwise know that he has a USC mother (stepmother?) or LPR father (that information is in their system from your green card process), he probably will be refused entry.

Does he need to be in the UK or the US while the applications are running?

It's problematic for him to be in the US other than for short visits limited to the 90-day visa waiver conditions. And that's if he can be admitted to the US as a visitor in the first place, given the relationship he has with you and your wife.

Make sure the I-130 is filed by his (step?)mother before his 21st birthday, or he will move into a slower category that takes years. But his stepmother can file for him only if you married her before his 18th birthday. Otherwise, for him to get the fast-track treatment as Immediate Relative, you'd have to become a US citizen and file for him yourself (you can file I-130 while still an LPR, and then upgrade the petition when you become a USC).

 

[dallasred]

Thank you so much Jackolantern for the speedy reply, and secondly a very big thank for giving us the answers to we were searching for.