Hello, this is my first thread on the forum and my question is how long does IR-2 visa process take from the beginning untill the visa interview?
my stepmother in the US filed petition for me in december. i'm 20 years old now and will turn 21 in october 2011, will there be any problems because of the age out thing?
sorry for my bad english
and thank you in advance!
Firstly, when did the marriage creating the step relationship take place? Were you under 18 at the time? AND in order to create that relationship via a FATHER you had to qualify first as HIS child under the law.Were you 1.) born in wedlock, 2.) legitimated, or 3.) can prove a bona fide parent-child relationship to your father?
For immigrant visa purposes INA 101(b)
(1) The term ``child'' means an unmarried person under twenty-one
years of age who is--
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of wedlock, provided
the child had not reached the age of eighteen years at the time the
marriage creating the status of stepchild occurred;
(C) a child legitimated under the law of the child's residence
or domicile, or under the law of the father's residence or domicile,
whether in or outside the United States, if such legitimation takes
place before the child reaches the age of eighteen years and the
child is in the legal custody of the legitimating parent or parents
at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or on whose
behalf a status, privilege, or benefit is sought by virtue of the
relationship of the child to its natural mother or to its natural
father if the father has or had a bona fide parent-child
relationship with the person;
As for the possibility of age-out: the Child Status Protection Act (CSPA) has a complicated formulae so, hopefully, you won't have to rely on it. The Consular Processing is taking anywhere from 4 to 12 months depending on where it is processing. Expediting a case to avoid age-out is a common request and is often acted upon favorably. (The Consular Officers don't want to have to deal with the CSPA anymore than you do.)
