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can son aged 20 follow on I130?

can son aged 20 follow on I130?

Old Apr 27th 2012, 9:27 am
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Default can son aged 20 follow on I130?

Me again!
I am at NVC stage with my I130 visa and hope to have interview Jul. My son has expressed an interest in following me to the states (to live). However, I am unsure as to whether he will be able to follow on an I130 visa.

He will be under 21 at time of application(if he decides to apply), but he was over 18 at the time of my marriage to my US spouse and Im sure I read amongst all the info Ive seen over the past few months that a child of the beneficiary has to be under 18 at the time of marriage to apply on the I130. If this is the case I guess he will have to apply later on a different visa type and no guarantees.

Has anyone had the same experience and/or know the answer to this?

Many thanks for any help.
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Old Apr 27th 2012, 3:22 pm
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Default Re: can son aged 20 follow on I130?

The way it works for your son to immigrate is as follows:

1. You immigrate to the USA first.
2. When you become a US PR (the day you enter the USA using your immigrant visa), you can file an I-130 to start his Immigrant Visa process.
3. Look at the Visa Bulletin here: http://www.travel.state.gov/visa/bul...etin_5692.html
3. He will first be in category F2A, because he'll be under 21. You can see in that category they are currently working on petitions filed in Nov 2009 - about 2.5 years ago.
4. During his waiting time, if he turns 21, he will switch to category F2B. You can see in that category they are currently working on petitions filed in Feb 2004 - about 8 years ago.
5. He might fall under the CSPA (Child Status Protection Act), but I don't know much about that, so something for you to look into.
6. If you become a USC before he immigrates, he will fall into category F1. You can see in that category they are currently working on petitions filed in May 2005 - about 7 years ago.
7. If he gets married while you are still a PR, he no longer qualifies to immigrate (there is no category for married children or married sons/daughters of PRs).
8. If he gets married after you become a USC, he falls into category F3. You can see in that category they are currently working on petitions filed in March 2002 - about 10 years ago.

Hope that helps.

Rene
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Old Apr 27th 2012, 3:23 pm
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Default Re: can son aged 20 follow on I130?

Originally Posted by cherh66
I am at NVC stage with my I130 visa and hope to have interview Jul. My son has expressed an interest in following me to the states (to live). However, I am unsure as to whether he will be able to follow on an I130 visa.
There is no such thing as an I-130 visa. The I-130 is a petition which establishes the relationship of the petitioner and the beneficiary. The visa itself is called an Immigrant Visa.

Rene
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Old Apr 27th 2012, 4:41 pm
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Default Re: can son aged 20 follow on I130?

That is correct. Even had he been under 18 at the time of your marriage, he could not have been a derivative beneficiary of the I-130 petition for you - he would have needed his own I-130 petition.

Since he was over 18 at the time of your marriage he is not considered your husband's stepson for immigration purposes and so your husband cannot petition for him. As Rene has written, you can petition for him when you become a US Permanent Resident.

Regards, JEff

Originally Posted by cherh66
... he was over 18 at the time of my marriage to my US spouse and Im sure I read amongst all the info Ive seen over the past few months that a child of the beneficiary has to be under 18 at the time of marriage to apply on the I130.
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Old Apr 27th 2012, 8:00 pm
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Default Re: can son aged 20 follow on I130?

Many thanks you guys. Situation now a lot clearer.
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