Sam asks: “What are the age limits for an IR2 Visa?”
There’s no age limit to petition for a child. However, there are vastly different waiting times. If the child is under 18, they will typically receive their visa within nine months. However, if the child is over 18, processing times can vary. It can take 10 years or longer depending on the country because there is a quota for each visa, which varies by country. For example, the Philippines and Mexico have a long waiting list.
The other caveat is that the government does not consider a person a stepchild unless the marriage took place before the child was 18-years-old. You can’t petition a stepchild if the marriage that created that stepchild happened after the child is 18-years-old. For example, if you marry a person who has a child who’s 20-years-old, you can’t petition that child because legally they’re not a stepchild since the marriage took place after that child turned 18. So, the bottom line is there’s no age limit, but the length of time can vary dramatically based on the situation and the country.
If you are a U.S. citizen, you may file Form I-130 for:
- Your unmarried children under 21 years of age. You can only file for an IR-2 visa if the child has a U.S. citizen parent, otherwise, you must file in the F2A category of the visa bulletin.
- Your unmarried sons or daughters 21 years of age or older. You cannot apply for the IR-2 visa or use the F-2A category on the visa bulletin, but you can file under the F2B category of the visa bulletin.
- Your married sons or daughters of any age. Importantly, this only applies to the married sons and daughters of U.S. citizens and uses the F3 category of the visa bulletin.
You may NOT file Form I-130 for a person stepchild if the marriage that created the relationship took place after the child turned 18 years of age
If you are a lawful permanent resident of the United States, you can file Form I-130 for:
- Your unmarried child under 21 years of age.
- Your unmarried son or daughter 21 years of age or older.
