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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11213
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Hello,I am an American citizen and my wife is a green card

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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.

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How old were the children when you were married?
Customer: replied 3 years ago.

They were 7 and 5 years old

Hi Tom,

Thanks for the information.

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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Thank you!

Customer: replied 3 years ago.

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?

That is quite odd that you filed no petition for your wife, if she got her green card through sponsorship by you. The only exception to this is if she came to the US on a fiance visa (K-1), you got married, and then she applied for adjustment of status by filing form I-485. Other than that, it is quite odd.

 

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 hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!

Expert James and 4 other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

I'm definately coming back to you with additional immigration questions. Enjoy the tip!

Thanks Tom!

The Bonus and rating are very much appreciated! You're welcome to come back with future questions. I may be offline when you do, so make sure you put "Longhorn Lawyer" at the beginning of the question and it is sure to get to me for answering.

Until then,
Longhorn Lawyer
Customer: replied 3 years ago.

You're welcome! Its professionals like you who remind me that knowledgeable, intelligent and articulate people still exist.

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