Buzz King
May 6, 2022
F2A - concurrent filing
Is it possible to file I-130 and I-485 concurrently for a child < 21 years in F2A category. I have a GC. Has anyone done this ?
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Lisa ModhwadiaMay 6, 2022
is the child in the United states or overseas? I'm asking because I was in a similar process. My husband was green card holder but my daughter is overseas, she is a minor, we submitted first I-130 and then we had to wait till is approved to start with consular process. It took 25 months to get approved I-130. Once is approved the case was sent to NVC and consular process.
Buzz KingMay 6, 2022
yes. child is here in the US with me lawfully
Lisa ModhwadiaMay 6, 2022
has the child lawfull presence? If yes, you can submit I-130 and adjust status ( I-485 ) but if minor has unlawful presence you can only submit I-130 and wait till is approved, once is approved you have to submit a waiver and once the waiver is approved the child has to go back to the birth country and do consular process.
Lisa ModhwadiaMay 6, 2022
Now, if you can apply for citizenship even if the child has unlawful presence, is not going to need to leave the country and apply for waiver like my husband did, because i was a F2A category (spouse and child of a permanent resident), now I'm able to adjust here in the United States.
Buzz KingMay 6, 2022
thanks. I just got my GC recently. my kid's L2 visa extension is just approved. waiting for the I-94
floridaeb3 GCMay 6, 2022
I have a question. I got married last year in December and my spouse is overseas and I have field for her Pertition I 130. I want to know suppose my wife is at last stage of her I 130 process with interview and we have a baby born who was not included in Petiton I 130 process. would we have to again wait for two or so years for my baby petition I 130 to be processed?
