Immigration Law Questions? Ask an Immigration Lawyer.
Hello, I am an American citizen and my wife is a green card holder. She is due for citizenship next year. We would like to bring her kids over from the Philippines and I wanted to know if it would speed up the process if we applied for her children prior to her citizenship or after? I also need to know which form to use? From past answers I've noticed that you had recommended form I-130 which does not apply to our case? Can you please confirm? Thanks.
They were 7 and 5 years old
QUESTION: I wanted to know if it would speed up the process if we applied for her children prior to her citizenship or after?
ANSWER: Since you were married before the children turned 18, and the children most likely have not reached the age of 21, then you can petition for them directly, the way you did for your wife/their mother. She dos not have to do it, and you don't have to wait until she becomes a US citizen. They are immediately eligible for their green cards through the immigrant visa process. However it will take several months to complete the processing of the immigrant visa.
QUESTION: I also need to know which form to use? From past answers I've noticed that you had recommended form I-130 which does not apply to our case? Can you please confirm?
ANSWER: The correct form is the I-130, Petition for Alien Relative. The petition belongs to you, and it is filed on their behalf. They are your alien relatives, because they are your step children.
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FYI, I married my wife the U.S. hence I did not have to file a petition. The kids are now 10 and 12 years old respectively. Just to confirm, I will only need to file Form I-130 for each of them and wait for their visa to get approved...Will they need to go for an interview in the U.S. consulate in the Philippines once their visas are approved?
As for the children, you will file the I-130 Petition on their behalf. It will be processed first at the USCIS, then at the National Visa Center. You will be asked by the NVC to submit form I-864, Affidavit of Support. Then the petition will go to the US consulate, after which the immigrant visa application and fee should be submitted. Sometimes, this is requested by the National Visa Center.
They children not be interviewed for the visa if they are under age 16, but they will have to undergo a medical examination before the immigrant visa is issued.
I'm definately coming back to you with additional immigration questions. Enjoy the tip!
You're welcome! Its professionals like you who remind me that knowledgeable, intelligent and articulate people still exist.
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