Scotland to USA

[scottishlass]

Hi



I am looking for advice and information and wonder if you may be able to help us or send us in the right direction as we have been going round in circles on the internet and cant seem to find exactly what we need to know.

I am a 21 year old female from Scotland. My father moved to America to live with his US Citizen (by birth) wife and is classed as a permanent resident with a work visa.

Me and my fiance would really like to go and live over ther now and wondered how we would go about doing this? We would both need permanent residency and work permits as we would live with my father for a while but eventually get our own house once we had found jobs etc.

These are the questions i most need aswered:

How long does the whole process take?
What is involved in the process?
Would it be easier if my fiance and i got married first, we were going to be getting married anyway?
How much does it all cost?
Who do we contact to get the forms we need to fill in?

I would much appreciate if you can help, or give us details where we could get this information,

Many thanks

[scottishlass]

Hi



I am looking for advice and information and wonder if you may be able to help us or send us in the right direction as we have been going round in circles on the internet and cant seem to find exactly what we need to know.

I am a 21 year old female from Scotland. My father moved to America to live with his US Citizen (by birth) wife and is classed as a permanent resident with a work visa.

Me and my fiance would really like to go and live over ther now and wondered how we would go about doing this? We would both need permanent residency and work permits as we would live with my father for a while but eventually get our own house once we had found jobs etc.

These are the questions i most need aswered:

How long does the whole process take?
What is involved in the process?
Would it be easier if my fiance and i got married first, we were going to be getting married anyway?
How much does it all cost?
Who do we contact to get the forms we need to fill in?

I would much appreciate if you can help, or give us details where we could get this information,

Many thanks

[Sprint_girl07]

Hi Scottishlass, Just wanted to say welcome to ILW !

From a Londoner (with Scottish blood too in the US

I would answer but I know there are a few here that have a lot more details then I do about what forms needed filling in and how long the process is in your case.

[scottishlass]

hey

thanks for replying. im just so confused on where to start.

i have read that with my step mom being a us citizen by clood she can petition for me, i also read that she can petition for her children if they are married and need to find out if this includes step children too becaus im not moving without my fiance, lol. hopefully i will get some information soon, i just want to get the whole process started so we can eventually get there soon. My plan is that if i am classed under the same sort of category as her children and she can petition for her married children then i will get married sooner than originally planned.

thanks for contacting me though, its nice to have a friendly message

[Kollerkrot]

Hi Scottishlass,

It all starts with the petition. Have your step mom put in a I-130 (family petion)for you. That will be the first step. Once that is done, the consulate will contact you and you can take it from there.

Regards,

[scottishlass]

hi

thanks for getting back to me. i want to live with my step mum and my father as you can already read, lol, but my fiance wants to go to, so, can you tell me if i get married can she petition for both of us? just so confused roght now lol

thanks

[swissnut]

Did your father marry his current US citizen wife before you turned 18 years of age? If yes, then she can petition you on form I-130 as Kollerkrot suggested, because you would qualify as a step-child in immigration terms. However, if they just recently married, after you turned 18, then unfortunately you would have to have your father petition you. He could file a petition as an LPR (legal permanent resident) which would take a lower priority than the child of a US citizen and be subject to a visa becoming available. Once he becomes a citizen he could upgrade the petition and then you'd be treated as an immediate relative and have no wait for a visa.

There is a catch. Your fiancé could not be included on the petition, and if you married your father could not petition you at all until he becomes a US citizen.

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by scottishlass:
Hi



I am looking for advice and information and wonder if you may be able to help us or send us in the right direction as we have been going round in circles on the internet and cant seem to find exactly what we need to know.

I am a 21 year old female from Scotland. My father moved to America to live with his US Citizen (by birth) wife and is classed as a permanent resident with a work visa.

Me and my fiance would really like to go and live over ther now and wondered how we would go about doing this? We would both need permanent residency and work permits as we would live with my father for a while but eventually get our own house once we had found jobs etc.

These are the questions i most need aswered:

How long does the whole process take?
What is involved in the process?
Would it be easier if my fiance and i got married first, we were going to be getting married anyway?
How much does it all cost?
Who do we contact to get the forms we need to fill in?

I would much appreciate if you can help, or give us details where we could get this information,

Many thanks </div></BLOCKQUOTE>

[speed_025]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by scottishlass:
hey

thanks for replying. im just so confused on where to start.

i have read that with my step mom being a us citizen by clood she can petition for me, i also read that she can petition for her children if they are married and need to find out if this includes step children too becaus im not moving without my fiance, lol. hopefully i will get some information soon, i just want to get the whole process started so we can eventually get there soon. My plan is that if i am classed under the same sort of category as her children and she can petition for her married children then i will get married sooner than originally planned.

thanks for contacting me though, its nice to have a friendly message </div></BLOCKQUOTE>

Your step mom can not file a petition for you
since you turned 21 already.She can only do that if your Below 18.

Only your father when he turned US citizen can file I-30 ,it will be a long long wait.

under his current status (LPR)he is limited to:

Spouses of lawful permanent residents, their unmarried children under the age of 21, and unmarried .

If he become a US citizen...

Only spouse and minor children of a US citizen
which are considered immidiate family have a visa number available.

Children over 21 and unmarried of US citizen
minimum wait is 6 to 7 years for their visa number to be current.

Married children min of 10 to 16 years.

[swissnut]

K-1 visas (fiancé visas) are only available for US citizens. So, she could not petition her fiancé until she became a US citizen.

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Aroha:
To answer your questions:

1. It can takes months, if not years, depending on the situation and the country you're going through.
2. Paperwork, paperwork, more paperwork and lots of waiting.
3. While you are unmarried, you fall in to the first preference category. Once you're married, you fall back to the third preference category. It may be quicker for you to immigrate, then apply for a K-1 visa for your fiancé, but I'm not sure on this one for residents. I would talk to an experienced immigration lawyer and get their input.
4. It isn't cheap, but it also isn't one lump sum at the start or the end. You will be paying for things as you go. You'd be looking at roughly around $1500 US total.
5. Your stepmother will be the one that needs to take the first step, for you at least. She'll need to fill out an I-130 and send it off to the USCIS. </div></BLOCKQUOTE>

[speed_025]

I don't wanna discourage you
but your Step Mom and Your Father can't file a petition for you for now. Since your Father current status is an LPR

However if you have brothers or sister under 18
they are qualified for a petition.

For more info: Click this site

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb9...CM10000045f3d6a1RCRD

[swissnut]

Sec. 204.2(d)



(d) Petition for a child or son or daughter.



(1) Eligibility. A United States citizen may file a petition on behalf of an unmarried child under twenty-one years of age for immediate relative classification under section 201(b) of the Act. A United States citizen may file a petition on behalf of an unmarried son or daughter over twenty-one years of age under section 203(a)(1) or for a married son or daughter for preference classification under section 203(a)(3) of the Act. An alien lawfully admitted for permanent residence may file a petition on behalf of a child or an unmarried son or daughter for preference classification under section 203(a)(2) of the Act. (Redesignated as paragraph (d) 3/26/96; 61 FR 13061 ; previously paragraph (c)) ....


(iv) Primary evidence for a stepchild. If a petition is submitted by a stepparent on behalf of a stepchild or stepson or stepdaughter, the petition must be supported by the stepchild's or stepson's or stepdaughter's birth certificate, issued by civil authorities and showing the name of the beneficiary's parent to whom the petitioner is married, a marriage certificate issued by civil authorities which shows that the petitioner and the child's natural parent were married before the stepchild or stepson or stepdaughter reached the age of eighteen ; and evidence of the termination of any prior marriages of the petitioner and the natural parent of the stepchild or stepson or stepdaughter.


<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by speed_025:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by scottishlass:
hey

thanks for replying. im just so confused on where to start.

i have read that with my step mom being a us citizen by clood she can petition for me, i also read that she can petition for her children if they are married and need to find out if this includes step children too becaus im not moving without my fiance, lol. hopefully i will get some information soon, i just want to get the whole process started so we can eventually get there soon. My plan is that if i am classed under the same sort of category as her children and she can petition for her married children then i will get married sooner than originally planned.

thanks for contacting me though, its nice to have a friendly message </div></BLOCKQUOTE>

Your step mom can not file a petition for you
since you turned 21 already.She can only do that if your Below 18.

Only your father when he turned US citizen can file I-30 ,it will be a long long wait.

under his current status (LPR)he is limited to:

Spouses of lawful permanent residents, their unmarried children under the age of 21, and unmarried .

If he become a US citizen...

Only spouse and minor children of a US citizen
which are considered immidiate family have a visa number available.

Children over 21 and unmarried of US citizen
minimum wait is 6 to 7 years for their visa number to be current.

Married children min of 10 to 16 years. </div></BLOCKQUOTE>

[speed_025]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">iv) Primary evidence for a stepchild. If a petition is submitted by a stepparent on behalf of a stepchild or stepson or stepdaughter, the petition must be supported by the stepchild's or stepson's or stepdaughter's birth certificate, issued by civil authorities and showing the name of the beneficiary's parent to whom the petitioner is married, a marriage certificate issued by civil authorities which shows that the petitioner and the child's natural parent were married before the stepchild or stepson or stepdaughter reached the age of eighteen ; and evidence of the termination of any prior marriages of the petitioner and the natural parent of the stepchild or stepson or stepdaughter </div></BLOCKQUOTE>

Hi Swissnut,

She's already 21. Her step mom is the USC.
her Father is LPR

[swissnut]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by speed_025:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">iv) Primary evidence for a stepchild. If a petition is submitted by a stepparent on behalf of a stepchild or If a petition is submitted by a stepparent (the new USC wife)stepson or stepdaughter, the petition must be supported by the stepchild's or stepson's or stepdaughter's birth certificate, issued by civil authorities and showing the name of the beneficiary's parent to whom the petitioner is married, a marriage certificate issued by civil authorities which shows that the petitioner and the child's natural parent were married before the stepchild or stepson or stepdaughter reached the age of eighteen ; and evidence of the termination of any prior marriages of the petitioner and the natural parent of the stepchild or stepson or stepdaughter </div></BLOCKQUOTE>

Hi Swissnut,

She's already 21. Her step mom is the USC.
her Father is LPR </div></BLOCKQUOTE>

[scottishlass]

I have been reading up some things,

My father is a LPR and my mother a US Citizen by birth, they got married when i was about 12 years old, which means she can petition for me, also for married children i think.

[scottishlass]

Preference Categories
If you wish to immigrate as a relative of a U.S. Citizen or lawful permanent resident, you must obtain an immigrant visa number based on the preference category in which you fall.

People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:

First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
Third preference: Married sons and daughters of u.s. citizens
Fourth Preference: Brothers and sisters of adult U.S. Citizens.