A little help to get off the ground

[spi9959 1]

My wife just became a U.S. citizen. Now that this long and difficult journey is over with, we want to begin another one: bringing my wife's daughter and the daughter's son to the U.S. My wife's daughter is 29 years old, divorced, a citizen of Russia, but living in Israel with her son and intending to become an Israeli citizen. The son is 5 years old.

Questions:

1. Do we need to file separate I-30s for the daughter and son? If so, how do we go about doing this?

2. Will my wife's daughter need a release from her former husband in order for the son to come to the U.S. --- is it a U.S. requirement?

3. Will the fact that my wife's daughter is not yet an Israeli citizen interfere with the process?

Thank you so much. Your answers will save us a little time.

[aaron2020 11,651]

My wife just became a U.S. citizen. Now that this long and difficult journey is over with, we want to begin another one: bringing my wife's daughter and the daughter's son to the U.S. My wife's daughter is 29 years old, divorced, a citizen of Russia, but living in Israel with her son and intending to become an Israeli citizen. The son is 5 years old.

Questions:

1. Do we need to file separate I-30s for the daughter and son? If so, how do we go about doing this? Your wife would file a single I-130 for her daughter. Her grandson would be a derivative beneficiary. He does not need his own petition. Furthermore, there is no basis in the law for your wife to separately petition for her grandson. Immigration visas should become available to them in about 7-8 years.

2. Will my wife's daughter need a release from her former husband in order for the son to come to the U.S. --- is it a U.S. requirement? This is an absolute requirement. Before a minor can be granted a visa, the non-immigrating parent must sign a notarized statement allowing the child to immigrate to the US. This is required at the visa interview which will take place in about 7-8 years.

3. Will the fact that my wife's daughter is not yet an Israeli citizen interfere with the process? No.

Thank you so much. Your answers will save us a little time.

Read the Guides on how to a US citizen petitions for a child over age 21. This will be an F1 family preference category case.