K-3 Relative Visa

[Enot]

I had planned to bring my future step-son to the USA on an I-130/K-3 relative visa after his mother and I was married and she had her green card after the Adjustment of Status was approved.  I was told today that I could not do this until she had her 10 year green card. 

Does anyone know if this is true?
Does it take about 3 years to get a 10 year green card?
What is the maximum time for a vistors visa?

[William3rd]

you will not be bringing him as a K3 at all. . . . . You would have to bring mom as a k3 and him as a K4. The 10 year green card is irrelevent.

[ScottinCrimea]

If he is under 16 years old when you marry, you can bring him over as the child of a US citizen.  Since you are the sponsor, not your wife, it's your status that matters, not hers.

[Enot]

Opps, forgot to tell you ... he is 21.

Does it take about 3 years to get a 10 year green card?
What is the maximum time for a vistors visa?

[apple47]

     My wife and step-daughters got thier 10 year cards in about 11 months.


                                                           ...Larry

[Enot]

     My wife and step-daughters got thier 10 year cards in about 11 months.


                                                           ...Larry

That would be 11 months after your 2 year green card expired which is 3 years?

Does anyone know if you must wait to file an I-130 until after she receives her 10 green card for a child over 21?

[ScottinCrimea]

Enot,  It took a bit of research, but it seems, based on the following quote from the government regulations, that she can file for her son prior to having the removal of conditions and being issues the 10-year green card.

A conditional permanent resident is an alien who has been lawfully admitted for permanent residence within the meaning of section 101(a)(20) of the Act, except that a conditional permanent resident is also subject to the conditions and responsibilities set forth in section 216 or 216A of the Act, whichever is applicable, and part 216 of this chapter. Unless otherwise specified, the rights, privileges, responsibilities and duties which apply to all other lawful permanent residents apply equally to conditional permanent residents, including but not limited to the right to apply for naturalization (if otherwise eligible), the right to file petitions on behalf of qualifying relatives, the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed; the duty to register with the Selective Service System, when required; and the responsibility for complying with all laws and regulations of the United States. All references within this chapter to lawful permanent residents apply equally to conditional permanent residents, unless otherwise specified. The conditions of section 216 of the Act shall not apply to lawful permanent resident status based on a self-petitioning relationship under section 204(a)(1)(A)(iii) , 204(a)(1)(A)(iv) , 204(a)(1)(b)(ii) , or 204(a)(1)(A)(iii) of the Act or based on eligibility as the derivative child of a self-petitioning spouse under section 204(a)(1)(A)(iii) or 204(a)(1)(B)(ii) of the Act, regardless of the date on which the marriage to the abusive citizen or lawful permanent resident occurred

Currently, applications for this type of visa are taking about 3 1/2 years.

[Enot]

Thanks Scott.  I searched the USCIS website and couldn't find anything definent.  I think the conditional permanent resident clinches the submittal after receiving the 2 year green card.

You've made 3 people very happy!!!    You've earned a front row seat at my Vegas wedding!

Thanks again!!!

[William3rd]

21 year old child is under the 2b category. Thus, no k3/k4 issue. 2b is a 7 year wait. If she naturalizes 3 years into the process then he can go to the 1A category after the naturalization.

[Ronnie]

A few technical points that don't apply to the OP but may confuse others

A child becomes the stepchild of the USC if the child is under 18 when the marriage occurs.. I think 16 was incorrectly posted.

The two-year restriction does not affect the LPR's ability to sponsor an adult son or daughter as WMIII said.   He also correctly pointed out that the waiting period is lengthy (but I think the actual time varies with the country the immigrant is from).

For all practical purposes, again amplifying what Wm said, it's probably quicker for the LPR to become a USC herself as the priority category is stepped up resulting in a  much shorter wait time.

I believe the marital status of the son or daughter also affects the priority..maybe WmIII can clarify that point.

[ScottinCrimea]

I think it was I who posted that the step-child relationship had to occur before age 16.  I could swear that this is what I read, but looking now, it shows 18 years old, so I stand corrected.

According to the UCIS website, the waiting period at the California center is now 3 1/2 years, not the 7 William cited.  Can you please provide some reference for this?

So it seems to me that if they begin the process immediately after she receives her conditional resident status, they are looking at around 4 years before he can come.  If they wait until she is a citizen, that would decrease the time to maybe 6-9 months.  What I'm not clear on is if she has to wait 5 years after her conditional residency to become a citizen or after the removal of conditions which would betwo years longer.

[Enot]

21 year old child is under the 2b category. Thus, no k3/k4 issue. 2b is a 7 year wait. If she naturalizes 3 years into the process then he can go to the 1A category after the naturalization.

What does this mean, that I don't file an I-130 ... I file some other form? 

[Jet]

What I'm not clear on is if she has to wait 5 years after her conditional residency to become a citizen or after the removal of conditions which would betwo years longer.

She has to wait 3 years after the date her conditional residency is granted to apply for Naturalization.

[Jet]

What does this mean, that I don't file an I-130 ... I file some other form? 

What it means is either way it will not be YOU that files, it will be your wife as SHE is the one related to her son. She will file the I-130.

[William3rd]

EXCEPT for Mexico, China, India, Philippines- the priority dates for the preference categories are running like this-

1A- adult single (over 21) children of USC- about 6 years. Must remain single
2A- immediate relatives of resident aliens- about 5 years.
2B- unmarried children over 21 of resident aliens- 9 years. Must remain single.
3A- married children of USC-8 years
4A-brothers & sisters of USC- 11 years.

16 is the cut off for adoptions.

3 years to Natz for a spouse of a USC so long as the marriage is still viable

[Enot]

Okay guys, I understand now.  Thanks for the info.

[ScottinCrimea]

So if I understand things correctly, an unmarried child would be classified as preference 2B.  Vermont is currently processing applications filed on June 4, 2006.  Once the petition is approved, they must wait until a visa number becomes available, which, according to William, currently takes an additional 5 years, for a total of 7 years wait.

Now as far as how much quicker it would be to have his FW be naturalized and then apply for her son, it is my understanding that she cannot be naturalized until 5 years after she becomes a LPR.  Applications for a child over 21 of a USC received 7/2/2006 are now being processed in Vermont.  The difference is that there would not be the 5 year waiting period for a visa number.  Still, the total time comes out to 7 years, same as the other.

William, I'm confused about your timeframe of 3 years to naturalization, as the requirements state the following:

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

If what you say is correct, my wife will be applying for removal of conditions two years after her arrival and naturalization one year later.  It would be great if that is correct, but, unless you know of an exception to the above, I don't see how this is possible.

[William3rd]

Read the instructions for the N400 under WHO MAY USE THIS FORM? under section 2. . . . .

It is not an exception-it is the law. And I will not quote the law sections for you storefront legal types. . . .

[ScottinCrimea]

Read the instructions for the N400 under WHO MAY USE THIS FORM? under section 2. . . . .

It is not an exception-it is the law. And I will not quote the law sections for you storefront legal types. . . .

William, excuse me if my last post offended.  I'm just trying to make sense out of the incomplete and sometimes inconsistent information provided by our great government.  I certainly don't claim to be a legal type of any form.  I hadn't bothered before to do much research on the matter because I knew it would be awhile until we could consider it.

I did read the information you referred to, and it does indeed mention another set of conditions for naturalization, incorrectly referred to by me as an exception.  For the benefit of those who don't have the energy to look it up, The two relevant requirements it lists for naturalization are the following:

If you are at least 18 years old and:
Have been a Permanent Resident for the past 5
years and have no special circumstances.
NOTE: Over 90% of applicants fall into this category.

If you are at least 18 years old and:
Are currently married to and living with a U.S. citizen;
and
Have been married to and living with that same U.S.
citizen for the past 3 years;
and
Your spouse has been a U.S. citizen for the past 3 years.


So it looks as if my wife will be applying for citizenship much sooner than we had planned.  Although we plan to eventually move permanently to Ukraine, it certainly wouldn't hurt for her to have that blue passport in addition to her Ukrainian one.

[Ronnie]

Scott,

Your plans to move permanently to Ukraine may be ill-advised for an abundance of reasons, not the least of which is the fact you could derail your wife's citizenship process.  Please read carefully on this topic and you might do well to get advice from an immigration attorney. 

As you know, nothing is permanent in life.  Keeping options open is never unwise.

[ScottinCrimea]

Ronnie,  I'm well aware of the risks of extended stays outside the US for LPR's, especially while in the naturalization process. Sticking around in the US long enough for her to get US citizenship would do exactly what you suggest, which is to keep options open, one of which would be to eventually return to the US should we feel so inclined.  At the very least, it will make it much easier for her to travel back and forth while we live there.

[Ronnie]

Scott, I went too far in my comment of course and wanted to modify it before now.  I'm an opinionated OMB and sometimes forget that others have there own reasons for things and their own perspective about the merits of living certain places.  I hope you will accept my apology.

[ScottinCrimea]

Ronnie,  No apology necessary.  I appreciate your efforts to look out for me.  Believe me, I've heard everyone's reasons about why living in Ukraine permanently isn't a good idea, but I've spent enough time there and seen it all for myself and it fits what both myself and my wife want.