I-130 for Spouse with derivatives

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riyazmd010118

New Member
Hi, As a PR, I have a pending petition for my spouse PD Sep 2021 with my aging children 19 and 17 as derivatives and I also have a pending petition for my naturalization. Recently I learnt my naturalization will will impact derivatives immigration, so planning to delay naturalization even if I get interview scheduled. With the unmarried 21 year rule and one child doesn't have more time left, will filing a separate I-130 for my aging child do any good? Will it help if I have a separate petition for my child? to convert if I naturalize sooner or PD doesn't matter for I-130 filed or upgraded as a US Citizen? Please help.
 
Unmarried under-21 child of permanent resident is in the F2A category. Since F2A is current right now, if F2A remains current in the future, then the CSPA age is effectively frozen at the time the I-130 is filed. So they should not age out if I-130 is filed now, regardless of whether it is upgraded to the Immediate Relative category or not.
 
newacct said:
Unmarried under-21 child of permanent resident is in the F2A category. Since F2A is current right now, if F2A remains current in the future, then the CSPA age is effectively frozen at the time the I-130 is filed. So they should not age out if I-130 is filed now, regardless of whether it is upgraded to the Immediate Relative category or not.
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Thanks. So is it better for me to leave the I-130 filed for my spouse with derivatives and no new petition for child or filing a new individual petition could help?
 
As you already said above, if you naturalize before they become permanent residents, you will need to petition the children separately. So it depends on whether you think that will happen or not.
 
Hi newacct, Processing times are 24 to 30 months for the petition currently pending for my spouse with child as derivatives. Looking at the processing times my chances of naturalization is more than the pending I-130 getting approved. Currently no separate petition for my children and was thinking to wait and file later when I naturalize.

PD for pending I-130 F2A for souse and unmarried child under 21 is Sep 2021. What I'm not sure is filing a separate petition for the child now is better or file it only later when I become USC considering retention of priority dates? Concerned will I lose the Sep 2021 PD for my child if I file new petition now.

Thank you in advance.
 
PD only matters for the wait for visa numbers, but there is currently no wait for visa numbers in the F2A or Immediate Relative categories, so PD doesn't matter. What matters is how long the I-130 will take to process.
 
Thank you. So looks like if I naturalize sooner the wait times can be reduced. Given my scenario, you think it is better to file a I-130 petition for my aging child now, so the new petition gets converted or better to wait for USC which currently when I login to USCIS portal has changed from 7 months to 6 months. I hope Naturalization goes well.
 
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