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Is it possible to petition a mom?


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#1 menchie

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Posted 19 September 2018 - 04:33 AM

Hi Wof family,
WOF has been part of my journey and Im so thankful to every member here especially to Mr. Ray, Mark, Fritz, and too many to mention. By the way, I am asking help again😊. Is it possible to pettion a mom? Heres the situation. A child was born in Philippines out of wedlock. A us citizen man went to Philippines and met the pinay and she got pregnant. The us citizen father tried to petition the pinay but cancelled it after the confession. When the pinay started to gather documents for the interview, she found out that cenomar or certificate of no marriage was one of the requirements. She decided to tell the us citizen man about her secret that she was married but separated. To make the story short. She cant make it, or cannot come to america unless she file an annulment. She tried to file an annulment and the Us citizen man was willing to help her financially for the sake of the child but the trust issue became a problem.To make the story short again, she let the father take care of the child and and brought the child to the US and she was hoping that someday , the child can petition her. Rightnow, She has another child from another man now but they are not married because the pinay was already married before she met the Us citizen and so the other men in her life. The us citizen man gave up on her long time ago. Now, Now, my question is , can a child petiton her mom in the future? Even his mom was married before she met his dad. The father had filed K1 because he didnt know that the pinay was already married. Is it possible for her to come to the US now using the f-130? And also she has a child now from different man, can she bring her child to the US too? Thank you.

Edited by menchie, 19 September 2018 - 04:38 AM.

FOR WHOM THE BELL TOLLS

#2 Fritz

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Posted 21 September 2018 - 06:20 AM

Yes, a US citizen aged 21 or older can petition their parents.

So the eldest child who is now a US citizen will be able to file an I-130 petition for Mom on the child's 21st birthday.

The remaining children cannot be included on Mom's petition.
When Mom arrives in US, she will be able to file petitions for F2A visas for each child under 21 (F2A includes Minor Children of a Lawful Permanent Resident)
The child in US can file petitions for F4 visas for each of the siblings as soon as the US Citizen child turns 21. (Unmarried siblings of US citizen)
The wait for a Visa number for F2A visas is deducted from the beneficiary's age when checking to see if they meet the age limit for the visa category, so as long as they are at least 6 months younger than the age limit for an F2A visa when the petition is filed, they should be able to complete processing in that category.

This is current law. When the child who will petition her is getting close to 21, have them check on the rules as they exist at that time.

I am a US citizen: How Do I Help My Relative Become a Permanent Resident? (PDF)
I am a Permanent Resident: How Do I Help My Relative Become a U.S. Permanent Resident? (PDF)

The adventure continues
Fritz

May you find what you want in life,
know it when you see it and
have the good luck to get it
... and keep it!!!


#3 menchie

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Posted 23 September 2018 - 06:29 AM

Thank you sir Fritz..
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