Richard III

Update -

We filed the I-130 for my step-son and have the NoA back. They are telling us that it could be up to two years wait for the AoS interview. He will be 22 years of age by that time - will that create a problem? We don't want to wait that long to file the FB-2.

I thought I read somewhere that as long as the I-130 was filed, they don't "Age-Out" any longer. Is that true or not? We just don't want to screw this up. Thanks for your help -

Richard III

Originally posted by Folinskyinla
Hi:

Get that I-130 in place for him if you haven't already done so. Also, upon completion of your wife's adjstment, she should file a "FB-2" I-130 fro him.

If he comes here on the K-3 and files the AOS before his 21st birthday, he won't age out.

Otherwise, the choice is his. And 20 year olds have a mind of their own -- as I well know.

Ranjini

Folinsky as always, is right. Find all you need to know on the two links below:
http://uscis.gov/graphics/howdoi/agingout.htm

http://uscis.gov/graphics/lawsregs/h...092002_pub.pdf

lairdside

How old was he when you married his mother?

How long until he comes to the US and can file for AOS?

I am confused. You say that you have filed an I-130, rather than an I-130 and I-129F, which would indicate an IV for your stepson but in the title it says K-4 (which is dependent upon his mother being issued a K-3).

Lots more possible questions, not enough information.

Richard III

Lairside -

My wife's son was 18 when his mother and I were married in 2002. I filed The I-130 for my wife in Dec 2002 and the I-129F for her and my step-daughter (who turned 18 a couple of weeks before they moved to the US) in Jan 2003. My wife and step-daughter moved to the US in Dec of 2003 on K-3/K-4 visas.

Since I filed an I-130 petition for my wife's son in March of 2004, we are many months, maybe years from having our I-130 approved, so he isn't going to show up here anytime soon.

So what is the best thing to do at this point? I am not clear on what the most direct path might be. Thanks for your help.

Richard III

lairdside

So it would be an IV rather than a K-4 you have started the process for.

However -- given the timespan you mention. Have you checked that your stepson would not be eligible for a K-4 under "following to join" benefits?

Just a thought. As filing the I-130 should have stopped the clock but the K-4 under following to join would allow him to move to the US faster I would imagine.

Richard III

Lairdside -

That's what I thought I was doing - what forms do I have to file to obtain "follow to join" benefits?

I'm sorry, but what is an IV? Thanks for your help -

Richard III

lairdside

As far as I am aware, following to join benefits are arranged via the Embassy which handled the application which the visa would be dependent upon.

Sorry, IV stands for Immigrant Visa.

Richard III

Lairdside -

Thanks for the help - I'll follow up with the Consulate in Moscow -

Richard III