Marriage to US Citizen - what about dependent son?

C

chandanar

New Member
Hi,
Thank you in advance to all responders...

I am in the US on a H1 visa, have my green card in process with priority date Feb 25 2005.
I am engaged to a US citizen but plan to get married only a year later.
I have a son who will celebrate his 18th birthday on March 29 of this year.
When I get married he will be over 18.
Can he get adjustment of status/ provisional GC along with me when I marry? Can he get citizenship after that?
 
I believe that your son needs to be below 21 years of age and unmarried to be classified as dependent.

Once you get your green card, your son should get it with you as well (if he is included in your application). otherwise he would need to file for adjustment of status after you get your green card.
 
Unfortunately, in order for your son to be adjusted together with you, you have to get married before he turns 18. http://uscis.gov/graphics/howdoi/child.htm#_Definition_of_a
Once he is 18, your future husband will not be eligible to file for him under the “child” category, but as soon as you become LPR and as long as your son stays unmarried you can file I-130 for him. Once approved - he can file for GC.
 
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