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  • Son's immigrant visa

    I am in the US on a green card (permanent resident visa) and I applied for my son's immigrant visa from here in February. He is in Kenya. I still haven't heard anything from USCIS, how long should I expect to wait? I spoke to a lawyer who suggested we change the application to my husband applying as he is a citizen. The lawyer of course needs money even for consultation. I don't want to pay anything if the wait is reasonable. Please let me know what to do.

  • #2
    How old is your son?

    Is he married?
    Not legal advice.

    Comment


    • #3
      Adding to those questions, how old was your son when you married your husband?

      You don't need an attorney to help you with simple immigration filings like these

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      • #4
        Hey Nettie,
        He is 18 and not married.

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        • #5
          Originally posted by inadmissible View Post
          Adding to those questions, how old was your son when you married your husband?

          You don't need an attorney to help you with simple immigration filings like these
          My son was 12 when we got married. I have been in the US just over a year since last March? What can I do? I am so confused because I don't know how long to wait, or what to do next? I filed the form for him myself and didn't think that my husband applying would make a difference.

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          • #6
            Originally posted by shreeyha View Post
            My son was 12 when we got married. I have been in the US just over a year since last March? What can I do? I am so confused because I don't know how long to wait, or what to do next? I filed the form for him myself and didn't think that my husband applying would make a difference.
            How did you get your green card?

            This is my personal opinion and is not to be construed as legal advice.

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            • #7
              through marriage

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              • #8
                Your husband should file an immigrant relative petition for your son using Form I-130

                It should take between 12 and 15 months for him to receive his immigrant visa. Relying on your own petition, your will wait at least 6 months longer, and as much as 18 months longer if the NVC and consulate and organized in processing his visa application ahead of his priority date.

                I would spend the money on a new Form I-130. I would not spend the money on a lawyer. That's just me

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                • #9
                  Originally posted by shreeyha View Post
                  through marriage
                  You mean your spouse petitioned you as a spouse? Is your spouse a US citizen or permanent resident?

                  This is my personal opinion and is not to be construed as legal advice.

                  Comment


                  • #10
                    Originally posted by inadmissible View Post
                    Your husband should file an immigrant relative petition for your son using Form I-130

                    It should take between 12 and 15 months for him to receive his immigrant visa. Relying on your own petition, your will wait at least 6 months longer, and as much as 18 months longer if the NVC and consulate and organized in processing his visa application ahead of his priority date.

                    I would spend the money on a new Form I-130. I would not spend the money on a lawyer. That's just me
                    I don't mind filing again as well, especially when the first thing a lawyer says is "consultation fee". I have already waited 6 months since applying, would it take another 12-18 months or will the wait be the same as if my husband filed now. The other question is: Do we need to inform USCIS about the new application? will it have any effect on the current application? or is the current one null and void as soon as we file again?

                    Thank you so much for responding. I really appreciate the support.

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                    • #11
                      Originally posted by newacct View Post
                      You mean your spouse petitioned you as a spouse? Is your spouse a US citizen or permanent resident?

                      born and bred US citizen

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