2 Family Based Questions, thank you!

[kahlifornia]

Thanks to anyone responding...

Question 1: I am a US citizen, over 21. I know that I can file I-130 for my father. The question is, can my father's current wife and children be included on the application. The children are all under 18. I have heard conflicting responses.

Question 2: If my father cannot bring his current spouse, I know that he has to file for his children when he get's his GC. The waiting time is currently 2 years, 7 months, for this category (F2B). My question is, what happens if the oldest child turns 18 during the visa waiting time.

Thanks again!

 

[ImmigAttyLana]

You can petition for your father AND your stepmother if she and her father got married before YOU turned 18. You can also petition for your step-siblings, but that process is going to take about 10-12 years whereas your father and stepmother can immigrate to the US within 9-12 months.

Once your father enters the US, he can petition for his other children and the process does take about 2-3 years currently. The age out is at 21 years of age and not 18 so as long as they are not 21 before the time they get a visa, it should be fine.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.