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Children / Adult moving to America

Children / Adult moving to America

Old Feb 14th 2018, 1:16 pm
  #46  
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Default Re: Children / Adult moving to America

Would you have an idea of this time frame and hurdles.... MY youngest boy is 16 so we still have time with him. He finishes school this year but may do 2 years in college here in UK.

What if I applied to live with my daughter and wife in america from next year and it went through whilst he still had say 14 months at college left...

Could I apply for him to come over as an under 21 still but without waiting 8 years!...

As mentioned below I am only looking at all options at moment we dont have concrete plans on what to do just yet apart from I know one day (maybe soon) we have to go back to America for Sanity of my wife!
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Old Feb 14th 2018, 1:26 pm
  #47  
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Default Re: Children / Adult moving to America

Immediate relatives do not include derivatives.

USC is the petitioner.
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Old Feb 14th 2018, 5:02 pm
  #48  
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Default Re: Children / Adult moving to America

So hopefully last question...

In theory MY wife could sponsor me now we move across to America sort house out jobs settle in etc. She could then sponsor my Kids to bring them over to join me (whilst still under 21) and this should in theory be under normal processing times etc (not the 8 years!) by way how the hell can something take 8 years to process!
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Old Feb 14th 2018, 5:10 pm
  #49  
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Default Re: Children / Adult moving to America

It takes 8 years because the number of visas available for that category are limited by law per year, and there is a backlog from previous years. That's why I mentioned that it could get longer and longer, depending on the number that apply.

It doesn't take 8 years to 'process' - it takes 8 years to get to the top of the pile and a visa be available.
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Old Feb 14th 2018, 5:12 pm
  #50  
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Default Re: Children / Adult moving to America

Originally Posted by swilt170571
So hopefully last question...

In theory MY wife could sponsor me now we move across to America sort house out jobs settle in etc. She could then sponsor my Kids to bring them over to join me (whilst still under 21) and this should in theory be under normal processing times etc (not the 8 years!) by way how the hell can something take 8 years to process!
I don't actually see a question in there, except maybe asking why it could take 8 years in that category. Was that your real question?

Rene
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Old Feb 14th 2018, 5:18 pm
  #51  
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Default Re: Children / Adult moving to America

Sorry - doesnt help me typing with no glasses on and not reading back what I typed.!

Question
IF my wife petitions now for me to be able to move to America live but at this moment we do NOT include my Children on the forms mentioned previously. Can she come back at a later date for example in 12 months and petition for my Children to move over to America. At that time they will still be under 21. And if so would that come under the same processing process / time as when she petitions for me to move with her?

Hope thats a bit clearer... :-)
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Old Feb 14th 2018, 5:22 pm
  #52  
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Default Re: Children / Adult moving to America

Yes she can, so long as the petition, visa, and entry to the US all occur BEFORE the child's 21st birthday.

What she will be wanting to apply for at that time is an IR2.

She may need to formally adopt the child for that to happen however, I am not sure. Maybe someone else can clarify.
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Old Feb 14th 2018, 5:24 pm
  #53  
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Default Re: Children / Adult moving to America

THanks CivilServant... for heads up
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Old Feb 14th 2018, 8:22 pm
  #54  
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Default Re: Children / Adult moving to America

Why are you making life so difficult for yourself and your children?

Without having to re-read your 3 pages of postings, what are the ages of the children at this very moment?

Why not have the USC wife petition for all of you at the one time and you all enter the US together with your approved visas. As the kids are still school age, they can file the I-131 immediately the day the enter the US for their re-entry permits. They need only be in the US long enough to do biometrics and then they can go back to the UK and continue on with their schooling. They come back to the US on school holidays thus reaffirming to the USCIS that the US is their primarily country of residence as they are living with Mom and Dad and just going to school outside of the US.

The one thing that would have been beneficial to your children is if you had been smart enough to have your wife petition for you while they were younger. As a PR married to a US Citizen, you would have been eligible to file for naturalization 3 years, less 90 days, from the date your passport was stamped with the I-551 at the POE. Once you naturalize, if you kids were under 18, they would become US Citizen automatically.

BTW, are these children both yours and your present wife's or are they children from another marriage?

PS I see from Civil Servant's last post that the daughter is not your wife's biological child. Does she live with you? Do you have her mother's written approval for her to be taken out of the UK?

Last edited by Rete; Feb 14th 2018 at 8:24 pm.
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Old Feb 15th 2018, 7:11 am
  #55  
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Default Re: Children / Adult moving to America

Hi Rete - Thank you for the response.

Yes Ive contributed to many pages on the subject but with it being confusing (not just the process) but how we are going to do this at a practical level then I use this forum as a soundboard to re-search options and get peoples value. It helps me immensely.

The option you mention at the start is probably going to be ideal. As in USC Wife petitions for us all when we finally get round to doing it and kids then come back and finish education in UK whilst travelling back and forth to America in school vacation time.

My children currently are 16 and 17(18 next month). They are my kids naturally and yes there natural mother will let them move out there when the time comes.

Not sure I fully understand the sentence when you mention if I had been smart enough but im guessing that doesnt apply to me now anyway..

Regards
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Old Feb 15th 2018, 7:32 am
  #56  
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Default Re: Children / Adult moving to America

you will need the mother's permission in writing.

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Old Feb 18th 2018, 10:04 pm
  #57  
 
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Default Re: Children / Adult moving to America

Originally Posted by swilt170571
.... Not sure I fully understand the sentence when you mention if I had been smart enough but im guessing that doesnt apply to me now anyway. ....
I am not sure that "smart" has anything to do with it, and you're right, it no longer applies to you, but if you had emigrated to the US more than three years ahead of your oldest child's 18th birthday then you could have applied for US citizenship and your children would have ridden on your coat tails and become US citizens with you.
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