Q: Hello, My mom got married to a US citizen (an army retiree) he intends to apply for a green card for her and myself.
The issue is I turn 21 on the 19th of May, however he intends to file for the green card before then. I was wondering under what category would I fall in. And how long would it take for me to get a green card. Will he be able to file for me at all?
A: Unless he married your mother before your 18th birthday, he cannot sponsor you for a green card. However, once your mother becomes a permanent resident, she will be able to sponsor you for a green card.
A: If the marriage took place after you turned 18, then he cannot petition for you at all. If the marriage took place prior to your turning 18, as long as the petition is filed before you turn 21, your age will be frozen, and you won’t age out.
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