Petitioning my family soon........I have a few questions

[yonkersvan 0]

Hi VJ, I just discovered this site a couple of days ago and it's such a pleasure to see people helping other people to get through immigration process.

So I decided to join the fun and maybe I could find some answers to my queries.

First of all, my background.

I'm a Filipino, a green card holder and a Canadian Citizen married to a US citizen.

I am scheduled to get my US citizenship (God permits) this June - took only less than 3 months to process.

I am planning to petition my parents and 2 half sisters (age 12 and 16).

My 2 half sisters are from my dad's ex-mistress. The ex-mistress abandoned the kids to my dad and my dad and my mom got back together after about 16 years of separation and she took care of my half sisters for about 7 or 8 years now. I never considered them as half sisters - it wasn't their fault to be born in a complicated situation and I would love for us to be together before they reach marrying age and have a life of their own.

From what I've read, I have to file a petition for each family member. My parents are first priority - therefore, it shouldn't take long for them to come here (6-12 months from what I read).

My sisters' situations are what's bugging me. From my brief research, if I petition them, it would take at least 8 years depending on the office that is processing them. By that time, my 16 year old sister would be over age. So I told my dad to get here as fast as he can, get his citizenship and petition the kids.

I just spoke to a friend today and she told me, that since they are underage, after my dad gets his green card, he should be able to get my 2 sisters.

So, friends, I would like to hear from you and explain to me and/or maybe give a link - so we could plan ahead and choose the best way.

Thank you all.

Edited May 31, 2009 by yonkersvan

[aaron2020 11,651]

Hi VJ, I just discovered this site a couple of days ago and it's such a pleasure to see people helping other people to get through immigration process.

So I decided to join the fun and maybe I could find some answers to my queries.

First of all, my background.

I'm a Filipino, a green card holder and a Canadian Citizen married to a US citizen.

I am scheduled to get my US citizenship (God permits) this June - took only less than 3 months to process.

I am planning to petition my parents and 2 half sisters (age 12 and 16).

My 2 half sisters are from my dad's ex-mistress. The ex-mistress abandoned the kids to my dad and my dad and my mom got back together after about 16 years of separation and she took care of my half sisters for about 7 or 8 years now. I never considered them as half sisters - it wasn't their fault to be born in a complicated situation and I would love for us to be together before they reach marrying age and have a life of their own.

From what I've read, I have to file a petition for each family member. My parents are first priority - therefore, it shouldn't take long for them to come here (6-12 months from what I read).

My sisters' situations are what's bugging me. From my brief research, if I petition them, it would take at least 8 years depending on the office that is processing them. By that time, my 16 year old sister would be over age. So I told my dad to get here as fast as he can, get his citizenship and petition the kids.

I just spoke to a friend today and she told me, that since they are underage, after my dad gets his green card, he should be able to get my 2 sisters.

So, friends, I would like to hear from you and explain to me and/or maybe give a link - so we could plan ahead and choose the best way.

Thank you all.

Filipinos have the longest wait for immigration visas. It's correct that it would only take a year for you once you gain US citizenship to petition for your parents. If you petition for your sisters, it would take 23 years.

You have been misinformed by your friend. After your dad gets his green card, your sister do not get to immigrate immediately to the US. He would have to petition for them in the F2a family immigration category (LPR petitioning for a spouse and unmarried children under age 21). That will take about 5 years. Assuming that your dad arrives in the US in 2010, your sister will be 18 and 22 years old in 2015. This means your youngest sister will get a visa around 2015. The one that will be 22 years old will be moved to the F2b category (LPR petitioning for a unmarried child over 21) because she will not longer belongs in the F2a category as she will be 22 years old. Generally, age is determined at the time an immigration becomes available. The F2b category has an 11 years wait, so it will be 2021 before she can immigrate to the US. Sorry to give you this news, but this is the quickest way for your sisters to get an immigration visa through you and your dad.

Usually what happens in cases like this is that one parent immigrates to the US and files immigration petitions for the children while the other parent remains home to care for the children. A year before the children are about to get their visas, the other parent is petitioned for by the US citizen child. This is not a great plan, but it is the one often used to get families over here. Remember that the US is not trying to separate families. Families unity can be maintained by not immigrating to the US. Coming to the US is a choice and sometimes hard choices have to be made.

An LPR can only petition for a spouse and unmarried children. Your sisters getting married while your dad is an LPR will automatically result in denial of their petitions as an LPR cannot petition for a married child. Subsequent citizenship by the petitioner will not matter if your sisters get married before your dad becomes a citizen. I bring this up because so many people screw this part up.

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

Edited May 31, 2009 by aaron2020

[yonkersvan 0]

Thanks Aaron for taking time to reply and answer my questions.

A few more Q's:

Should I petition my half-sisters as a back-up for my dad's future petition? Or should I just save my money?

Will it be faster to petition my sisters as a green card holder and stay that way?

Or petition them after he gets his citizenship?

Hi VJ, I just discovered this site a couple of days ago and it's such a pleasure to see people helping other people to get through immigration process.

So I decided to join the fun and maybe I could find some answers to my queries.

First of all, my background.

I'm a Filipino, a green card holder and a Canadian Citizen married to a US citizen.

I am scheduled to get my US citizenship (God permits) this June - took only less than 3 months to process.

I am planning to petition my parents and 2 half sisters (age 12 and 16).

My 2 half sisters are from my dad's ex-mistress. The ex-mistress abandoned the kids to my dad and my dad and my mom got back together after about 16 years of separation and she took care of my half sisters for about 7 or 8 years now. I never considered them as half sisters - it wasn't their fault to be born in a complicated situation and I would love for us to be together before they reach marrying age and have a life of their own.

From what I've read, I have to file a petition for each family member. My parents are first priority - therefore, it shouldn't take long for them to come here (6-12 months from what I read).

My sisters' situations are what's bugging me. From my brief research, if I petition them, it would take at least 8 years depending on the office that is processing them. By that time, my 16 year old sister would be over age. So I told my dad to get here as fast as he can, get his citizenship and petition the kids.

I just spoke to a friend today and she told me, that since they are underage, after my dad gets his green card, he should be able to get my 2 sisters.

So, friends, I would like to hear from you and explain to me and/or maybe give a link - so we could plan ahead and choose the best way.

Thank you all.

Filipinos have the longest wait for immigration visas. It's correct that it would only take a year for you once you gain US citizenship to petition for your parents. If you petition for your sisters, it would take 23 years.

You have been misinformed by your friend. After your dad gets his green card, your sister do not get to immigrate immediately to the US. He would have to petition for them in the F2a family immigration category (LPR petitioning for a spouse and unmarried children under age 21). That will take about 5 years. Assuming that your dad arrives in the US in 2010, your sister will be 18 and 22 years old in 2015. This means your youngest sister will get a visa around 2015. The one that will be 22 years old will be moved to the F2b category (LPR petitioning for a unmarried child over 21) because she will not longer belongs in the F2a category as she will be 22 years old. Generally, age is determined at the time an immigration becomes available. The F2b category has an 11 years wait, so it will be 2021 before she can immigrate to the US. Sorry to give you this news, but this is the quickest way for your sisters to get an immigration visa through you and your dad.

Usually what happens in cases like this is that one parent immigrates to the US and files immigration petitions for the children while the other parent remains home to care for the children. A year before the children are about to get their visas, the other parent is petitioned for by the US citizen child. This is not a great plan, but it is the one often used to get families over here. Remember that the US is not trying to separate families. Families unity can be maintained by not immigrating to the US. Coming to the US is a choice and sometimes hard choices have to be made.

An LPR can only petition for a spouse and unmarried children. Your sisters getting married while your dad is an LPR will automatically result in denial of their petitions as an LPR cannot petition for a married child. Subsequent citizenship by the petitioner will not matter if your sisters get married before your dad becomes a citizen. I bring this up because so many people screw this part up.

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

[aaron2020 11,651]

Thanks Aaron for taking time to reply and answer my questions.

A few more Q's:

Should I petition my half-sisters as a back-up for my dad's future petition? Or should I just save my money?

I recommend petitioning for your sisters as a back-up. A beneficiary can have concurrent I-130s. It's good insurance in case something happens to your dad. You don't know when an accident or illness may strike. For $355, it's cheap insurance.

Will it be faster to petition my sisters as a green card holder and stay that way?

Or petition them after he gets his citizenship?

There is a quirk for petitioning for Filipinos. Look at the current visa bulletin. http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

Filipino Beneficiary - currently eligible for a visa.

F1: US citizen petitioning for unmarried child: I-130 filed on or before September 1, 1993

F2a: LPR petitioning for a spouse or unmarried child under 21 years old: Dec. 15, 2004

F2b: LPR petitioning for an unmarried child 21 or older: April 1, 1998

F3: US citizen petitioning for a married child: July 1, 1991

F4: US citizen petitioning for a sibling: Aug. 1, 1986

Your dad should petition for your sisters as soon as he gets his LPR status. Do not wait until he becomes a US citizen. It takes longer for a US citizen parent to petition a Filipino child than for an LPR. An LPR who becomes a US citizen can asked that his/her child remain in the F2a or F2b category but the system may kick the child into the F1 category - which means a longer wait. At the time your dad becomes eligible for citizenship, you will have to weigh the benefit of US citizenship vs. the possibility of a longer wait for your sisters to get their immigration visas.

Hi VJ, I just discovered this site a couple of days ago and it's such a pleasure to see people helping other people to get through immigration process.

So I decided to join the fun and maybe I could find some answers to my queries.

First of all, my background.

I'm a Filipino, a green card holder and a Canadian Citizen married to a US citizen.

I am scheduled to get my US citizenship (God permits) this June - took only less than 3 months to process.

I am planning to petition my parents and 2 half sisters (age 12 and 16).

My 2 half sisters are from my dad's ex-mistress. The ex-mistress abandoned the kids to my dad and my dad and my mom got back together after about 16 years of separation and she took care of my half sisters for about 7 or 8 years now. I never considered them as half sisters - it wasn't their fault to be born in a complicated situation and I would love for us to be together before they reach marrying age and have a life of their own.

From what I've read, I have to file a petition for each family member. My parents are first priority - therefore, it shouldn't take long for them to come here (6-12 months from what I read).

My sisters' situations are what's bugging me. From my brief research, if I petition them, it would take at least 8 years depending on the office that is processing them. By that time, my 16 year old sister would be over age. So I told my dad to get here as fast as he can, get his citizenship and petition the kids.

I just spoke to a friend today and she told me, that since they are underage, after my dad gets his green card, he should be able to get my 2 sisters.

So, friends, I would like to hear from you and explain to me and/or maybe give a link - so we could plan ahead and choose the best way.

Thank you all.

Filipinos have the longest wait for immigration visas. It's correct that it would only take a year for you once you gain US citizenship to petition for your parents. If you petition for your sisters, it would take 23 years.

You have been misinformed by your friend. After your dad gets his green card, your sister do not get to immigrate immediately to the US. He would have to petition for them in the F2a family immigration category (LPR petitioning for a spouse and unmarried children under age 21). That will take about 5 years. Assuming that your dad arrives in the US in 2010, your sister will be 18 and 22 years old in 2015. This means your youngest sister will get a visa around 2015. The one that will be 22 years old will be moved to the F2b category (LPR petitioning for a unmarried child over 21) because she will not longer belongs in the F2a category as she will be 22 years old. Generally, age is determined at the time an immigration becomes available. The F2b category has an 11 years wait, so it will be 2021 before she can immigrate to the US. Sorry to give you this news, but this is the quickest way for your sisters to get an immigration visa through you and your dad.

Usually what happens in cases like this is that one parent immigrates to the US and files immigration petitions for the children while the other parent remains home to care for the children. A year before the children are about to get their visas, the other parent is petitioned for by the US citizen child. This is not a great plan, but it is the one often used to get families over here. Remember that the US is not trying to separate families. Families unity can be maintained by not immigrating to the US. Coming to the US is a choice and sometimes hard choices have to be made.

An LPR can only petition for a spouse and unmarried children. Your sisters getting married while your dad is an LPR will automatically result in denial of their petitions as an LPR cannot petition for a married child. Subsequent citizenship by the petitioner will not matter if your sisters get married before your dad becomes a citizen. I bring this up because so many people screw this part up.

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

[SuperDuper! 230]

So does a Filipino mom (now in the US under married AOS status, non US citizen) get a faster processing time petitioning her minor child in the Philippines, 6-12 months?

[yonkersvan 0]

Thank you Aaron. I feel very lucky to get these answers - considering, these are my first posts on this site.

You just save me a few hundred bucks as I was planning to ask these questions to an immigration lawyer.

Million thanks again.

[aaron2020 11,651]

So does a Filipino mom (now in the US under married AOS status, non US citizen) get a faster processing time petitioning her minor child in the Philippines, 6-12 months?

If the child was listed on the petition for the K1, then the child may be able to "follow" on the visa. I am not well versed in this area of immigration. Someone else here may be able to help you.

I do know that the US citizen step-parent can file an I-130 for the unmarried minor child (so long as the marriage took place before the child's 18th birthday) and it would an Immediate Relative case and take 6-12 months to process.

[yonkersvan 0]

Thank you Aaron. I appreciate your time to answer my questions and hopefully, will be of good help to others with the same situation too.