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Marriage and petitioning for relatives

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mpdegn
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Joined: Tue Sep 11, 2007 8:16 pm

Marriage and petitioning for relatives

Post by mpdegn » Tue Sep 11, 2007 9:16 pm

Hello,
this post might be a bit confusing, but I'll certainly try to clarify everything that is unclear at the end of the post. But let's get started...

My mother, who is a Ghanaian National and went to Germany to get her degree and become a citizen, is in a relationship with another Ghanaian, who is a permanent resident of the United States. They plan on marrying in 2008. My mother has 2 sons, which she would want to petition for. One is 20 years old, the other one (who is I) is 18 years old and will turn 19 in October. Her older son goes to a university in Germany and, in case the petition doesn't work out for him, wouldn't mind staying over there. Her younger son, though, already goes to college in the United States and is on an F-1 International Student Visa.

Now, I have a few questions regarding petitioning for my mother, my brother, and I.

1. How long will it take my mother to become a permanent resident after the marriage took place? How does the process look like, if she considers staying over in Germany for 3-4 more years after the marriage? The thing is that she considers staying over there for a few more years after the marriage because of her job and another relative who is very old and depends on her. She would then eventually come to the United States. Does that effect the process at all?

2.2. Would the process become easier if the person she marries applies for a US citizenship and then marries her?

2.1. How long would applying for a US citizenship take for him? Is it worth it?

3.1. After she becomes a permanent resident, will I be able to be petitioned for? From what I got out of those US Immigration websites, if one is unmarried and under the age of 21 he/she doesn't have to wait for an immigration number, is that correct? Or does that only apply if a US citizen (not permanent resident) petitions for a relative under the age of 21?

3.2. In case that this only applies if a US citizen petitions for a relative, would it help if the person my mother plans on marrying applies for citizenship? He is not my natural father and my mother would still be a permanent resident after their marriage. (this is so confusing)

I know it sounds like I'm repeating myself but I'm just trying to put things together as good as possible right now. Sorry for the confusion.

4. In case that the above mentioned scenarios won't keep me from waiting for an immigration number, is there anything else I could do to receive one immediately? The only reason why this is so important to me is because I'm trying to avoid losing time in college. If possible, I'd like to apply for instate-tuition as soon as the status change took place and then continue with my education.

As I already said, right now everything is about saving time, especially because of my education, so if there is any advice you can give me, I'd definitely appreciate it.

Thank you in advance for answering those questions.

Marco 72
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Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Wed Sep 12, 2007 12:40 am

First of all, is the Ghanaian man your mother is planning to marry in a position to apply for US citizenship right now? How long has he been a Permanent Resident? A PR can sponsor a spouse, but the petition takes approximately five years to be processed. If on the other hand the petitioner is a US citizen it usually takes a few months.

His becoming a USC would also make things easier for you. If married to a USC, your mother would be able to apply for US citizenship herself 3 years minus 90 days after moving to the US (i.e. 2 years earlier). She would then be able to sponsor you under family preference F1 (if you are not married), which currently takes about 6 years to process.

mpdegn
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Posts: 4
Joined: Tue Sep 11, 2007 8:16 pm

Post by mpdegn » Wed Sep 12, 2007 3:36 pm

Marco,
thank you very much for your answer. The Ghanaian she plans to marry has a very good position in a company and has also been there for several years (at least 10). He just never bothered applying for a US citizenship because for him, he says, it was "unnecessary".
If he would apply now, how long would the process take? You call that event "naturalization" right?
If he becomes a citizen and my mother marries him, couldn't he then petition for me? Because officially, I am his son, am I right? If he could petition for me, I wouldn't have to wait for the Immigration number since I'm under 21 right? If a permanent resident petitions for a relative, the relative always have to wait regardless of age, as far as I know.
Please correct me if I'm wrong.

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Sun Sep 16, 2007 11:38 am

Yes, it is naturalization. The process typically takes 6 months to a year, but it may be shorter or longer. You will not automatically become his son after he marries your mother, unless he adopts you. Even then, I don't think he would be able to sponsor you (there are restrictions on sponsoring adopted children).

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