Petition for children before or after 21?
Feb 18th 2001, 7:16 pm
#1
Guest
Posts: n/a
I've gotten confusing information on what my options are regarding attaining a visa for my
Russian stepdaughter. Any clarification would be appreciated. I a US citizen married to a
Russian. We have our adjustment of status interview in March. My wife's unmarried daughter
is 20 and still living in Russia. We could not include her in our initial filing because
she was 18 when we got married. Should we file for her immediately before she is 21. Or do
we have to wait until she is 21.
Thanks, Ben
Russian stepdaughter. Any clarification would be appreciated. I a US citizen married to a
Russian. We have our adjustment of status interview in March. My wife's unmarried daughter
is 20 and still living in Russia. We could not include her in our initial filing because
she was 18 when we got married. Should we file for her immediately before she is 21. Or do
we have to wait until she is 21.
Thanks, Ben
Feb 19th 2001, 7:02 pm
#2
Guest
Posts: n/a
Hi Ben,
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!
This is a bit complex, so stay with me!
Since your stepdaughter was over eighteen years of age at the time of your marriage
she is not considered an immediate relative. Therefore, you cannot file any petition
on her behalf.
Once your wife's status is adjusted to permanent resident she can petition for her
unmarried daughter. In this case the daughter becomes a preference 2A immigrant until she
is 21 years of age and then a preference 2B immigrant.
Preference 2A immigrants whose filed on or before 22 Sep 96 are currently being
processed for admission while preference 2B immigrants whose petitions were filed on or
before 22 Jun 93 are being processed. Should she marry, her mother's petition will no
longer be valid.
Your wife will be eligible to become a naturalized citizen after residing in the US for
three years while married to a citizen. Upon her naturalization her unmarried daughter
would become a preference one immigrant. Preference ones' whose petitions were filed on or
before 1 Mar 99 are currently being processed. Therefore, it is likely that by the time
your wife could be naturalized the daughter's preference one petition will be current.
Should the daughter marry, her mother would have to be a US citizen in order to
petition for her.
The Visa Bulletin is a state Department publication that comes out once each month and
lists the processing dates for the various preference categories. It also contains an
in-depth explanation of the preference system. This document is available on-line at
<http://travel.state.gov/visa_bulletin.html>.
INS forms can be downloaded or ordered at the INS web site,
<http://www.ins.usdoj.gov/graphics/index.htm>.
Ed MacNeil Ancient Aviator North Hampton, NH, USA
BEN SCHMALBERG wrote:
> I've gotten confusing information on what my options are regarding attaining a visa for
> my Russian stepdaughter. Any clarification would be appreciated. I a US citizen married
> to a Russian. We have our adjustment of status interview in March. My wife's unmarried
> daughter is 20 and still living in Russia. We could not include her in our initial
> filing because she was 18 when we got married. Should we file for her immediately before
> she is 21. Or do we have to wait until she is 21.
>
> Thanks, Ben
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!
This is a bit complex, so stay with me!
Since your stepdaughter was over eighteen years of age at the time of your marriage
she is not considered an immediate relative. Therefore, you cannot file any petition
on her behalf.
Once your wife's status is adjusted to permanent resident she can petition for her
unmarried daughter. In this case the daughter becomes a preference 2A immigrant until she
is 21 years of age and then a preference 2B immigrant.
Preference 2A immigrants whose filed on or before 22 Sep 96 are currently being
processed for admission while preference 2B immigrants whose petitions were filed on or
before 22 Jun 93 are being processed. Should she marry, her mother's petition will no
longer be valid.
Your wife will be eligible to become a naturalized citizen after residing in the US for
three years while married to a citizen. Upon her naturalization her unmarried daughter
would become a preference one immigrant. Preference ones' whose petitions were filed on or
before 1 Mar 99 are currently being processed. Therefore, it is likely that by the time
your wife could be naturalized the daughter's preference one petition will be current.
Should the daughter marry, her mother would have to be a US citizen in order to
petition for her.
The Visa Bulletin is a state Department publication that comes out once each month and
lists the processing dates for the various preference categories. It also contains an
in-depth explanation of the preference system. This document is available on-line at
<http://travel.state.gov/visa_bulletin.html>.
INS forms can be downloaded or ordered at the INS web site,
<http://www.ins.usdoj.gov/graphics/index.htm>.
Ed MacNeil Ancient Aviator North Hampton, NH, USA
BEN SCHMALBERG wrote:
> I've gotten confusing information on what my options are regarding attaining a visa for
> my Russian stepdaughter. Any clarification would be appreciated. I a US citizen married
> to a Russian. We have our adjustment of status interview in March. My wife's unmarried
> daughter is 20 and still living in Russia. We could not include her in our initial
> filing because she was 18 when we got married. Should we file for her immediately before
> she is 21. Or do we have to wait until she is 21.
>
> Thanks, Ben
