I-485/I-130 for My Dependent
- Thread starter SFrain
- Start date
Hello,
I'm a green card holder and planning to be a petioner for my son (19 yo) who is in the U.S. as a student.
I read USCIS website but still confusing...please someone advice me if I can submit I-130 and I-485 concurrently for my son's case,too.
Thank you!
Could you post more informations and how you got your GC without submitting application to your son with your application? what category your GC is" Is? Is this from marriage in US or a lottry and you did not include your son in the original petition? Every case has different answer and qualifications.
Thank you for your response.
I've obtained my green card through marriage with US citizen. My husband couldn't be a petitioner for my son because we married when my son was over 18 years old. We told that step-child has to be under 18 yeasrs old by the time of marriage.
That's why I'm trying to be a petitioner for my son.
I appreciate your advice.
I've obtained my green card through marriage with US citizen. My husband couldn't be a petitioner for my son because we married when my son was over 18 years old. We told that step-child has to be under 18 yeasrs old by the time of marriage.
That's why I'm trying to be a petitioner for my son.
I appreciate your advice.
The best option is to wait till you become citizen, with only G the waiting list will be longer.
You can submit I-130 now but you cannot submit the I-485 until the priority date is current. In your case, depending on when you got your green card, you may not become a citizen until after your child is 21, in which case the wait may be longer than if you apply now, depending on the visa bulletin at the time. Basically the sooner you submit your I-130 petition the better so you can set the priority date ASAP. If you become a citizen, then you can upgrade your I-130 (there is a procedure for doing that) from a permanent resident petitioner to a citizen petitioner. So you should just submit the I-130 now, because if your child becomes 21 before you become a citizen, then it may take even longer than it would now.
If you already have had your green card for a year or so, there is a chance you could become a citizen before your child is 21, at which point you can upgrade your I-130 and file an adjustment of status application immediately. Again, better have the priority date ASAP by submitting your I-130.
It may also be useful to familiarize yourself with aging-out provisions of immigrant petitions.
If you already have had your green card for a year or so, there is a chance you could become a citizen before your child is 21, at which point you can upgrade your I-130 and file an adjustment of status application immediately. Again, better have the priority date ASAP by submitting your I-130.
It may also be useful to familiarize yourself with aging-out provisions of immigrant petitions.
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I really appreciate your advice and detail information.
I read the website regarding "aging-out". It explains well and very useful. My son will be 21 by the time I become a citizen because I've just received a permanent residency. Also, my country doesn't allow me posessing dual citizenship, so I have to figure out this matter as well.
I will submit I-130 alone very soon.
Thank you very much for your time to answer my question!
I read the website regarding "aging-out". It explains well and very useful. My son will be 21 by the time I become a citizen because I've just received a permanent residency. Also, my country doesn't allow me posessing dual citizenship, so I have to figure out this matter as well.
I will submit I-130 alone very soon.
Thank you very much for your time to answer my question!