Bringing my wife's parents and under age brother

[Kioska 0]

hi everyone! my wife just became a us citizen and we want to bring her parents and little brother here. from what ive seen the best way to do this is to bring her parents first then have her parents petition for her brother. since he is only 11 im wondering if there is a way for them to bring him when they come. seems like since he is so young they should be able to bring him when they are accepted. should i petition for all of them and hope for the best or just petition one of the parents? if it takes longer for her brother to come then one of the parents will have to stay with him i think. so petitioning for all 3 in that case would be a waste of 700 bucks. im very unsure of what our next move is. by the way my wife is from the philippines. apparently the wait is 20+ years for siblings if i file for i-130.

also i am confused as to what happens when her parents get here and they file for her brother. when they arrive they will be permanent residents. can they immediately file for her brother to become a permanent resident? or do they need to become citizens first? it would be great to get her brother here so he can go to school!

can someone please help?

[Jasman0717 9]

Parents is feasible but brother could take upwards to 25 years.

[Kioska 0]

Parents is feasible but brother could take upwards to 25 years.

ok so if we file a i-130 for her brother it will take a very long time and isnt worth doing. but if i file for all of them and her parents get in can they bring her brother with them?

[aaron2020 11,651]

Parents is feasible but brother could take upwards to 25 years.

ok so if we file a i-130 for her brother it will take a very long time and isnt worth doing. but if i file for all of them and her parents get in can they bring her brother with them?

No. Your wife would petition separately for her parents as Immediate Relatives which does not allow for derivative beneficiaries; only the petitioned person will get a visa and no one else.

Your wife has two options to help her brother get a family immigration visa. She can choose to do both as a beneficiary can have more than one concurrent application.

1. Your wife can petition for her brother in the F4 preference category; US citizen petitioning for a sibling. Unfortunately, it takes 23-24 years for a Filipino to get a visa this way. The beneficiary can bring a spouse and children under the age of 21 at the time the visa becomes available with him to the US.

2. Your In-Laws can petition for their son (so long as he is not married) once they become LPR in the F2a or F2b preference category; LPR petitioning for unmarried child under 21 and LPR petitioning for unmarried child 21 years or older, respectively. The wait is for F2a is 5 years and F2b is 12 years. The final category is determined based on the beneficiary age at the time a visa becomes available. I can give you a better idea which category he is likely to be in if you tell me his age. IF HE GETS MARRIED BEFORE ENTRY INTO THE US AS AN IMMIGRANT, THE APPLICATION HERE WILL AUTOMATICALLY BE DENIED. If the petitioning parent becomes a US citizen, he could get married afterwards but he would have to wait 18 years. Under the F2a and F2b, he can bring any children that he has under 21 years old, but he can not bring their mother; that would take another 5 years after he immigrates to the US.

[Jasman0717 9]

Read the current visa bulletin: http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

[Boiler 46,113]

There is the F1 visa for students.

[Kioska 0]

There is the F1 visa for students.

my wifes brother is 11 years old.

[Boiler 46,113]

There is the F1 visa for students.

my wifes brother is 11 years old.

No age limit.

[Kioska 0]

There is the F1 visa for students.

my wifes brother is 11 years old.

No age limit.

how does the student visa work and how long does it take?

Parents is feasible but brother could take upwards to 25 years.

ok so if we file a i-130 for her brother it will take a very long time and isnt worth doing. but if i file for all of them and her parents get in can they bring her brother with them?

No. Your wife would petition separately for her parents as Immediate Relatives which does not allow for derivative beneficiaries; only the petitioned person will get a visa and no one else.

Your wife has two options to help her brother get a family immigration visa. She can choose to do both as a beneficiary can have more than one concurrent application.

1. Your wife can petition for her brother in the F4 preference category; US citizen petitioning for a sibling. Unfortunately, it takes 23-24 years for a Filipino to get a visa this way. The beneficiary can bring a spouse and children under the age of 21 at the time the visa becomes available with him to the US.

2. Your In-Laws can petition for their son (so long as he is not married) once they become LPR in the F2a or F2b preference category; LPR petitioning for unmarried child under 21 and LPR petitioning for unmarried child 21 years or older, respectively. The wait is for F2a is 5 years and F2b is 12 years. The final category is determined based on the beneficiary age at the time a visa becomes available. I can give you a better idea which category he is likely to be in if you tell me his age. IF HE GETS MARRIED BEFORE ENTRY INTO THE US AS AN IMMIGRANT, THE APPLICATION HERE WILL AUTOMATICALLY BE DENIED. If the petitioning parent becomes a US citizen, he could get married afterwards but he would have to wait 18 years. Under the F2a and F2b, he can bring any children that he has under 21 years old, but he can not bring their mother; that would take another 5 years after he immigrates to the US.

he is 11

[Boiler 46,113]

F1 is a non immigrant visa that alows someone to be educated in the US, usually seen at College plus level, but not restricted to that.

[aaron2020 11,651]

The F1 student visa is a non-immigration visa. There is zero chance of getting it if the parents are being petition for. In addition, you have to pay tuition to the public school; usually $5-6K a year + living expenses. The foreign student must have a non-immigration intent when entering the US and must return home after finishing the course of study.

Since your wife's brother is 11 years old, I suggest that your wife petitions for her father first. That will take about a year. As soon as be becomes a LPR, he can file for the son. That will take another 5-6 years in the F2a preference category. About a year before the son's case is expected to be processed in Manila, your wife should file a petition for her mom. The total time is 7 years. This is the best scenario that I can come up with given your situation; fastest way to get the entire family over and it leaves someone to care for the child while he waits for a visa. In addition, your father-in-law as a LPR can earn $ and send it home to his wife and child.

Edited March 4, 2009 by aaron2020

[Boiler 46,113]

Each case varies but I have seen posts from people who have done it.

Your fees are lower than I would have thought. But no doubt that varies a lot.

[aaron2020 11,651]

Please ignore my last post. I have improved my answer.

The F1 student visa is a non-immigration visa. There is zero chance of getting it if the parents are being petition for. In addition, you have to pay tuition to the public school; usually $5-6K a year + living expenses. The foreign student must have a non-immigration intent when entering the US and must return home after finishing the course of study.

Since your wife's brother is 11 years old, I suggest that your wife petitions for her father first. That will take about a year. As soon as be becomes a LPR, he can file for the his wife and son. That will take another 5-6 years in the F2a preference category. This is the best scenario that I can come up with given your situation; fastest way to get the entire family over and it leaves someone to care for the child while he waits for a visa. In addition, your father-in-law as a LPR can earn $ and send it home to his wife and child.

Your father-in-law as an LPR can file for his wife as the primary beneficiary and his son will be a derivative beneficiary. This is cost $355. Alternatively, he can file for his wife and son separately and he would incur the cost twice; 2 x $355. I think the extra $ is well spent as the unexpected death of the mother would terminate the application and he would have to refile for the son. It's a nice insurance policy if anything happens to mom.

[Kioska 0]

thanks for all the help everyone. my wife refuses to believe her parents cant bring her brother so we are going to talk to immigration tomorrow. if we find anything different i will post it here.

thanks again!

[Boiler 46,113]

You would be better of talking to a a lawyer.