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US Imigration visa for wife ... Must she stay in the US?


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to all visa masters or those who know more then me which is everyone... I was thinking of applying for the IR-1 visa and including 2 of the children who were under 18 when we married but are NOW over 21 .. Is there a different visa that i can apply for to include 2 un married step children over 21 in my paperwork... Like a F amily visa where they would be F1 status and what does that mean in time.. Is it the type of visa you hear about where the kids wait 10 years to be called...??

 

I don't have an answer to your question, but you might want to start by checking out visajourney.com. There is a lot of discussion about this type of situation. Maybe you could start by clicking here.

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to all visa masters or those who know more then me which is everyone... I was thinking of applying for the IR-1 visa and including 2 of the children who were under 18 when we married but are NOW over 21 .. Is there a different visa that i can apply for to include 2 un married step children over 21 in my paperwork... Like a F amily visa where they would be F1 status and what does that mean in time.. Is it the type of visa you hear about where the kids wait 10 years to be called...??

 

If the step children are over 21, you will have a long wait. If they were under 21, they would not have to wait for a visa number but since they are over 21 they have to wait for a visa to become available. It is not relevant how old they were when you married, it only matters how old they are when the paperwork is processed. Note that the standard is when the paperwork is processed, not when it is filed. There are many cases of people filing when their kids were under 21 but it is not processed before the child turns 21. In these cases, the child 'ages out' and must wait for a visa number to become available.

 

The fastest way to get the stepchildren to the US will be to get your wife permanent resident status and then file for her children. The USCIS is currently processing applications from permanent residents for unmarried children over 21 that were filed in May 2002. If the stepchildren are married, it is more difficult to get them visas. If they want to get married, they should wait until they get their US green card and then get married. If they do that, they can then petition for their spouse. They are currently processing applications for the spouse of a permanent resident that were filed in January 2006.

 

Ironically, it is faster for a permanent resident to get their unmarried child over 21 a visa than it is for a US Citizen to do it.

 

You could also try to get them student visas to the US and then file for an Adjustment of Status (AOS) to get them a green card, but this is not sure bet. The AOS could easily be denied and they would have to leave the country and wait for a visa number as mentioned above.

 

For just you and your wife, it takes about 10-14 months for the IR-1 process from start to finish.

 

All of the time frames I mentioned are based on your application being processed at the California Service Center. You would likely be doing a Direct Consular Filing at the Manila embassy, but the wait times are about the same no matter where you file.

USCIS Processing Times

Edited by The Mason
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