Aged out child

[MoSin 0]

Hi,

I'm a Permanent Resident and I applied for my children back in 2004. My youngest son who was born in 1990 just got his visa interview scheduled for July 2009. I have twin daughters who were born in 1986. One of them just recently got married. When I applied for them they were all under 21 but now both of my twins are aged out. I know that Permanent Residents can't apply for their married children so one of the twin's case will be rejected. Now my question is that will my other unmarried daughter who is over 21yrs of age will be considered for the visa as she was under 21 at the time I applied for her or should I have my oldest son who is a US citizen to apply for both of my daughters who are over 21? And if he does apply for my married daughter, will he have to apply for her husband on a separate I-130 or is there any other form available for that relationship [brother-in-law]?

Your answer will be greatly appreciated.

Thanks

[aaron2020 11,651]

Hi,

I'm a Permanent Resident and I applied for my children back in 2004. My youngest son who was born in 1990 just got his visa interview scheduled for July 2009. I have twin daughters who were born in 1986. One of them just recently got married. When I applied for them they were all under 21 but now both of my twins are aged out. I know that Permanent Residents can't apply for their married children so one of the twin's case will be rejected. Now my question is that will my other unmarried daughter who is over 21yrs of age will be considered for the visa as she was under 21 at the time I applied for her or should I have my oldest son who is a US citizen to apply for both of my daughters who are over 21? And if he does apply for my married daughter, will he have to apply for her husband on a separate I-130 or is there any other form available for that relationship [brother-in-law]?

Your answer will be greatly appreciated.

Thanks

Age at the time of application does not matter when a LPR petitions for an unmarried child. Age only matters when a visa becomes available.

The unmarried twin can still get a visa. She has simply moved from the F2a family preference category (LPR petitioning for a spouse and unmarried children under age 21) to the F2b category (LPR petitioning for an unmarried child 21 years or older). Currently, Pakistanis who were petitioned before Feb. 1, 2001 in the F2b category are getting visas. So your daughter has another 3-4 years before she can get a visa. IF SHE GETS MARRIED BEFORE IMMIGRATING TO THE US, SHE WILL NOT GET A VISA.

Your son can petition for his married sister in the F4 category (US citizen petitioning for a sibling). It will take 12 years. Her husband and any children she may have will be derivative beneficiaries, meaning that if she gets a visa they will get visas also. There is only one I-130 petition to file - only one $355 fee.

No one (USC or LPR) can petition for an in-law.

[MoSin 0]

Age at the time of application does not matter when a LPR petitions for an unmarried child. Age only matters when a visa becomes available.

The unmarried twin can still get a visa. She has simply moved from the F2a family preference category (LPR petitioning for a spouse and unmarried children under age 21) to the F2b category (LPR petitioning for an unmarried child 21 years or older). Currently, Pakistanis who were petitioned before Feb. 1, 2001 in the F2b category are getting visas. So your daughter has another 3-4 years before she can get a visa. IF SHE GETS MARRIED BEFORE IMMIGRATING TO THE US, SHE WILL NOT GET A VISA.

Your son can petition for his married sister in the F4 category (US citizen petitioning for a sibling). It will take 12 years. Her husband and any children she may have will be derivative beneficiaries, meaning that if she gets a visa they will get visas also. There is only one I-130 petition to file - only one $355 fee.

No one (USC or LPR) can petition for an in-law.

Thanks so much. So what I understood from this that my oldest son has to fill out two I-130's, one for my unmarried daughter and one for the married daughter. I will have my oldest son apply in F4 category for both of my twin daughters as more then likely second one will be married within next 3-4yrs. And when that happens, her future husband and children will be derivative beneficiaries hence only $355 fee for each daughter.

But the thing I am confused about is that for my married daughter, my son will apply for F4 category and her husband name will be included in the I-130 [again only one $355 fee for her whole family]. My married daughter is pregnant now so will it be better if I wait till she delivers to have my son apply for them or he can do so now? time-wise or money-wise??

[milimelo 4,561]

Your son can't submit a petition for his sister(s) until he is a US citizen.

[aaron2020 11,651]

Your US citizen son can file a petition for each of his sister - which would take 12 years for them to get visas for them, their husbands and any children. Children can be added to the petition at any time, so there is no reason for him to wait until the child is born. File the application now. YOUR SON IS SPONSORING HIS SISTERS, NOT ANYONE ELSE. WHEN THE SISTERS GET VISAS, THEN THEIR HUSBANDS AND CHILDREN GETS VISAS ALSO. IF THE DAUGHTERS OR SON DIES DURING THE 12 YEARS, NO ONE GETS A VISA.

WHY WOULD YOU LET YOUR DAUGHTER GET MARRIED????? THE APPLICATION YOU FILED FOR THE UNMARRIED DAUGHTER IS STILL GOOD. SHE CAN COME HERE IN 3-4 YEARS. SHE WILL LOSE HER CHANCE TO IMMIGRATE IF SHE GETS MARRIED. ONCE SHE IS HERE, SHE CAN GO BACK TO PAKISTAN AND GET MARRIED. SHE CAN THEN PETITION FOR HER HUSBAND WHICH WILL TAKE 5 YEARS. YOU WOULD BE MAKING A BIG MISTAKE IF YOU LET HER GET MARRIED IN THE NEXT 3-4 YEARS.

ALTERNATIVELY, YOU CAN BECOME A US CITIZEN AND UPGRADE YOUR PETITION FOR THE UNMARRIED DAUGHTER. SHE CAN GET MARRIED AFTER YOU BECOME A CITIZEN, AND SHE AND HER HUSBAND AND ANY OF HER CHILDREN CAN IMMIGRATE HERE IN 4-5 YEARS.

[Boiler 46,116]

She is married.

Caps = shouting = rude

[aaron2020 11,651]

She is married.

Caps = shouting = rude

Only one of the daughter is married. The other one is still single.

The caps are for emphasis. I think you're rude. I am trying to help the OP. My comments have useful information in them. Don't join a thread just to say "caps = shouting = rude" without giving any helpful comments.

Edited June 9, 2009 by aaron2020

[MoSin 0]

Your US citizen son can file a petition for each of his sister - which would take 12 years for them to get visas for them, their husbands and any children. Children can be added to the petition at any time, so there is no reason for him to wait until the child is born. File the application now. YOUR SON IS SPONSORING HIS SISTERS, NOT ANYONE ELSE. WHEN THE SISTERS GET VISAS, THEN THEIR HUSBANDS AND CHILDREN GETS VISAS ALSO. IF THE DAUGHTERS OR SON DIES DURING THE 12 YEARS, NO ONE GETS A VISA.

WHY WOULD YOU LET YOUR DAUGHTER GET MARRIED????? THE APPLICATION YOU FILED FOR THE UNMARRIED DAUGHTER IS STILL GOOD. SHE CAN COME HERE IN 3-4 YEARS. SHE WILL LOSE HER CHANCE TO IMMIGRATE IF SHE GETS MARRIED. ONCE SHE IS HERE, SHE CAN GO BACK TO PAKISTAN AND GET MARRIED. SHE CAN THEN PETITION FOR HER HUSBAND WHICH WILL TAKE 5 YEARS. YOU WOULD BE MAKING A BIG MISTAKE IF YOU LET HER GET MARRIED IN THE NEXT 3-4 YEARS.

ALTERNATIVELY, YOU CAN BECOME A US CITIZEN AND UPGRADE YOUR PETITION FOR THE UNMARRIED DAUGHTER. SHE CAN GET MARRIED AFTER YOU BECOME A CITIZEN, AND SHE AND HER HUSBAND AND ANY OF HER CHILDREN CAN IMMIGRATE HERE IN 4-5 YEARS.

Hey Thank you so much. It definitely is a very useful information you put out and you are right I didn't take CAPS is being rude, its rather just to put emphasize on the important stuff.

And thank you everyone for their input, its very much appreciated. Ppl like you make forums like this successful. I thank all of you once again.