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Filed: Timeline
Posted (edited)

Hey guys,

I need your valuable input. I am planning to file I130 for my sister. My sister is divorced and has a 9 years old daughter. My question is that, Once I file for my sister and get approval my niece will be able to come with my sister under the same petition???

Thanks,

IT

Edited by IT_1
Filed: Country: Vietnam (no flag)
Timeline
Posted
Hey guys,

I need your valuable input. I am planning to file I130 for my sister. My sister is divorced and has a 9 years old daughter. My question is that, Once I file for my sister and get approval my niece will be able to come with my sister under the same petition???

Thanks,

IT

It depends. USC petitioning for a sibling is in the F4 family preference category. According to the Visa Bulletin, those from the Philippines with petitions filed before Oct. 22, 1986 are eligible for visas. It's Sept. 22, 1995 for Mexicans and Feb. 22, 1999 for the rest of the world.

Being eligible for an immigration visa is a two-step process. First, a I-130 has to be approved by USCIS. There is no average time for this; it could take a few months or years. Second, an approved I-130 is forwarded to the NVC to await for an available visa. These are the dates that are listed above.

Derivative beneficiaries (DB) are allowed in the F4 category. So long as a DB's CSPA age is under 21 at the priority date becomes current and is unmarried, the DB qualifies for a visa also along with the primary beneficiary. A DB's CSPA age is equal to the DB's real age on the day the PD becomes current minus the time spent waiting for USCIS to approve the petition.

You did not say where your sister is from, so you will need to do some guessing. There is no way to determine now if your niece will get a visa. It's a calculation that you can get a better feel for as time move along.

Posted
Hey guys,

I need your valuable input. I am planning to file I130 for my sister. My sister is divorced and has a 9 years old daughter. My question is that, Once I file for my sister and get approval my niece will be able to come with my sister under the same petition???

Thanks,

IT

Ckeck out the visa bulletin!

http://travel.state.gov/visa/frvi/bulletin...letin_4497.html

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: Timeline
Posted

Hey Guys,

Thanks for the input. I already know, its gona take 10 years for my sister...My sis is not from PH or MEX. All I need to know if My Niece will be able to come with my Sister under same petition. Thats all I need to know... I already know and have info what I need to file.

I am also tying to find more info on USCIS site...If you find any related link, please provide me the link..thanks

Filed: Timeline
Posted

Hey Guys,

Thanks for your input. I already know, its gona take 10 years for my sister...My sis is not from PHilippine or Mexican. All I need to know if My Niece will be able to come with my Sister under same petition. Thats all I need to know... I already know and have info what I need to file.

I am also tying to find more info on USCIS site...If you find any related link, please provide me the link..thanks

Filed: Country: Vietnam (no flag)
Timeline
Posted
Hey Guys,

Thanks for your input. I already know, its gona take 10 years for my sister...My sis is not from PHilippine or Mexican. All I need to know if My Niece will be able to come with my Sister under same petition. Thats all I need to know... I already know and have info what I need to file.

I am also tying to find more info on USCIS site...If you find any related link, please provide me the link..thanks

You will file one I-130 petition. You would be petitioning for your sister. She would be the beneficiary. Your niece would be a derivative beneficiary.

Filed: Timeline
Posted

Thanks every one for the input and great info.

Once again Thankyou everyone.

Hey another question now.... If my Mom file as LPR for my sister and I know it will take about 5 to 6 years around.

Will my Niece will be able to come with my sister thru my mom I 130 petitions??? My niece still qualify derivative beneficiary???

I am not sure about this...any input

Filed: Country: Vietnam (no flag)
Timeline
Posted
Thanks every one for the input and great info.

Once again Thankyou everyone.

Hey another question now.... If my Mom file as LPR for my sister and I know it will take about 5 to 6 years around.

Will my Niece will be able to come with my sister thru my mom I 130 petitions??? My niece still qualify derivative beneficiary???

I am not sure about this...any input

Derivative beneficiaries are allowed in the F2 category.

Filed: Timeline
Posted
Thanks every one for the input and great info.

Once again Thankyou everyone.

Hey another question now.... If my Mom file as LPR for my sister and I know it will take about 5 to 6 years around.

Will my Niece will be able to come with my sister thru my mom I 130 petitions??? My niece still qualify derivative beneficiary???

I am not sure about this...any input

Derivative beneficiaries are allowed in the F2 category.

Aaaron2020 thanks for info. Could u provide me more details on it or possible link.... Iam aso looking for that.

Thanks..

Filed: Country: Vietnam (no flag)
Timeline
Posted
Thanks every one for the input and great info.

Once again Thankyou everyone.

Hey another question now.... If my Mom file as LPR for my sister and I know it will take about 5 to 6 years around.

Will my Niece will be able to come with my sister thru my mom I 130 petitions??? My niece still qualify derivative beneficiary???

I am not sure about this...any input

Derivative beneficiaries are allowed in the F2 category.

Aaaron2020 thanks for info. Could u provide me more details on it or possible link.... Iam aso looking for that.

Thanks..

Look under the "Guides" tab located above this page. Google "derivative beneficiaries." Check out instructions for form I-130. Check out the USCIS's website.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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