How long will it take for my US husband to file for me? 4 Answers as of July 12, 2011

I will be getting married in a few months, my fiancee is a us citizen, I have a child under 18 that’s not his. How long will it take for us to get through to live with him in the us? Does he have to be working a required salary in order to file for us?

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Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If in the US, processing times are about 3-5 months. If out of the US, 9-12 months is realistic. He must meet the affidavit of support requirements or have someone else willing to act as joint sponsor. If you marry before your child is 18, then your husband can sponsor him at the same time. Otherwise it will be many years before he can enter.
Answer Applies to: California
Replied: 7/12/2011
Fong & Associates
Fong & Associates | William D. Fong
When you get married, your USC husband can petition for you. If your child is under 18 at the time you marry, then your husband can file for the child as a stepchild. Please note that after the child turns 18, there is no USC step-parent relationship created for immigration purposes, so time is of the essence. You may consider a civil ceremony if the child's birthday is coming up soon. It is taking approximately 6 months for the USCIS to schedule interviews for these types of cases. Your husband must file the I-864 affidavit of support and meet the minimum requirements for the family size. You can check for the exact income requirement on the I-864P. Consult with an experienced immigration attorney immediately.
Answer Applies to: Texas
Replied: 7/11/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
If you want your son to tag along with you to the US, make sure you get married before he turns 18. Your US spouse must show a certain income. The income requirement varies depending on his personal situation. (For example, if he support his elderly mother and listed her as a dependent in his taxes, he needs more money than if she wasnt listed). The fianc petition and the spouse petition take about the same time. If you will get married in your country, you start the process after the marriage for a spouse visa. If you are planning to get married in the US, you can start the process now. From the start of filing to the time you are approve at the consulate (either method), the process lasts about 8-13 months. Good luck.
Answer Applies to: California
Replied: 7/11/2011
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
The processing time depends on whether you are in valid immigration status and when/how you entered the US. He needs to have enough income meet the financial support requirements. If he does not make enough income, he can find someone who is a US citizen or permanent resident to be a co-sponsor. Please make sure to consult with a qualified immigration attorney before you file.
Answer Applies to: Oregon
Replied: 7/11/2011
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