When to Apply for July 2012 entry? Processing time.

J

JAEMM

Registered Users (C)
When should I apply for a green card (Family First Preference IR-2) for my son, if he is to enter the U.S. in July 2012.

The earliest the green card should be issued is in January 2012 (giving him 6 months to enter the U.S.) and the latest should be October 2012 (before his 90 days expires should he enter July still on a B1/B2 visa).

I don't want to apply too early, and I don't want to apply too late. I'm shooting for a 10-month window (Jan-Oct 2012), shouldn't be that hard to accomplish?!
 
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BTW, would he have problems entering the U.S. on a B2 visa while at same time waiting for approval of an immigrant visa? Other than requiring a return ticket.

(If they see you've applied for an immigrant visa, that's rather strong evidence against your intention to leave).
 
JAEMM said:
When should I apply for a green card (Family First Preference IR-2) for my son, if he is to enter the U.S. in July 2012.
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Family First Preference and IR2 are two different categories. First Preference is for 21 year old (or older) unmarried children of US citizens, and IR2 is for unmarried under-21 children of US citizens. So which one applies to your situation?

If he's under 21, why didn't he get a green card years ago when you got yours?

BTW, would he have problems entering the U.S. on a B2 visa while at same time waiting for approval of an immigrant visa?
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Having a US citizen parent living in the US, especially if he is under 21, makes it likely for him to have problems with entering on a B2 visa.
 
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Unmarried stepchild under 21 of a native-born U.S. citizen.

IR-2 is a visa type. What visa type would he get? Although it doesn't really matter, the application process will always be I-130/I-485/I-693/I-864/G-325, correct? And throw in a I-765 and G-1145 for good measure. (LOL)
http://en.wikipedia.org/wiki/United_States_visas

Family First Preference is an immigration eligibility category/priority for which he qualifies.

"A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18"

It appears I can apply for a K-4 visa (I-129F) as soon as the I-130 is accepted. Would that be recommended, or risk slowing down the process?

"If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F."

One annoyance of the immigration code is that "child" has three definitions depending on in which statute it is used, 1) biological, 2) including adopted, 3) including stepchildren; and information provided (like on the K-4 above) never bother clarifying.
 
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Jackolantern said:
Family First Preference and IR2 are two different categories.
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You are completely right, I am completely wrong. IR-2 and FB-1 are different categories, IR-2 is unlimited and FB-1 has a quota!

Thanks for straightening me out!!!!


IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen

Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any. (23,400)


I think I had this correct before and just forgot. My son is IR-2 before is 21st birthday and FB-1 afterward.

(Somehow I misremembered as FB-1 before and FB-2 afterward).
 
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JAEMM said:
"If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F."
Click to expand...

BTW, many sites say that only children of K-3 applicants are eligible for a K-4 visa, which directly conflicts with the information above. I presume they are wrong.
 
So my original question clarified:

For Jan-Oct 2012 green card acceptance under I-130/IR-2 application (July 2012 entry target), when should I apply?

I'm guessing based on posted time-lines I should apply around Aug/Sep 2011, and then maybe file for a K-4 (I-129F) in Feb 2012 if things are going slowly.
 
It appears I should add 6 months for processing the DS-230. Is that correct?

Which would make this the absolute minimum allowance for time (6 months I-130 + 6 months DS-230):

June-2011 (IR-2) I-130/I-485/I-693/I-864/G-325
Dec-2011 Estimated Acceptance / DS-230
June-2012 Estimated Visa Issuance
July-2012 Enter the USA
 
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