Younger Sister of USC

[areyaar 0]

Help filling out 864 and DS230

Here is our situation:

Wife is a USC, and we would like to have her parents and sister (who is currently unmarried and 19 years old as of today).

Last year, we filed I-130's for both her parents AND her sister. Our thinking was that in case the sister could not come with the parents, at least she would have her own file going.

Now, we have gotten approval for the parents to initiate their visa interview. So we are filling out their 864 and DS230 for each parent.

My question is, how can I ensure that the younger sister will also be able to immigrate with the parents (there is zero chance she will marry in the next year or two)?

[RICARDO4EVA2 194]

Help filling out 864 and DS230

Here is our situation:

Wife is a USC, and we would like to have her parents and sister (who is currently unmarried and 19 years old as of today).

Last year, we filed I-130's for both her parents AND her sister. Our thinking was that in case the sister could not come with the parents, at least she would have her own file going.

Now, we have gotten approval for the parents to initiate their visa interview. So we are filling out their 864 and DS230 for each parent.

My question is, how can I ensure that the younger sister will also be able to immigrate with the parents (there is zero chance she will marry in the next year or two)?

Unfortunately there are no visa for derivites in the category for your parents (IR-5). They will have to come to the usa then petition for your sister - the daughter. I cant say how long it would take but seems the country that you're located slows up somepart of the process including name checks.

Check out my timeline, signature etc.

I filed 2 I-130s for my mom and dad back in March 2010 and the case was approved after 3 months and 27 days. Their Son, My brother who is 14 (legal minor) and who is totally dependent on my parents is not able to immigrate with our parents.

Hope your question was addressed.

[aleful 1,905]

Help filling out 864 and DS230

Here is our situation:

Wife is a USC, and we would like to have her parents and sister (who is currently unmarried and 19 years old as of today).

Last year, we filed I-130's for both her parents AND her sister. Our thinking was that in case the sister could not come with the parents, at least she would have her own file going.

Now, we have gotten approval for the parents to initiate their visa interview. So we are filling out their 864 and DS230 for each parent.

My question is, how can I ensure that the younger sister will also be able to immigrate with the parents (there is zero chance she will marry in the next year or two)?

she cannot come with her parents, once her parents are LPR they can file for her. It's better for them to file for her, because if you wife does, it will take more than 9 years.

[R.&S. 2]

Can LPRs file for their unmarried/married children or they have to be USC?

What is category of this visa and how long does it take?

[RICARDO4EVA2 194]

Can LPRs file for their unmarried/married children or they have to be USC?

What is category of this visa and how long does it take?

YES LPRs can file a petition for their child/children who are Unmarried regardless of age..

NO LPRs cannot file for h their married child/children they MUST be a USC.

UNmarried child (any age) is currently 5 months with USCIS and it splits at the NVC

A. UNDER 21 age with the currrent visa for october would take an additional 4-6 months .. SO you looking at a year (maybe LONGER if your embassy is behind scheduliing interviews.

B. OVER 21 age visa bulletin for oct. is 01APR05 so it would be like a 5.5 - 6 year process. (there's hope for this category as visa #s are freed up).

Hope I answered all your questions..

Edited September 30, 2010 by RICARDO4EVA2

[areyaar 0]

Hi, I'm the original poster, thanks for all your responses. As I am filling out the 864 for each parent. I wanted to include the younger sister on the the 864, can I do that?

Also, question 9 says: Do not include any relative listed on a separate visa petition.

Can I still include the younger sister on the 864 for the parents?

Thanks!

[RICARDO4EVA2 194]

Hi, I'm the original poster, thanks for all your responses. As I am filling out the 864 for each parent. I wanted to include the younger sister on the the 864, can I do that?

Also, question 9 says: Do not include any relative listed on a separate visa petition.

Can I still include the younger sister on the 864 for the parents?

NO- it will be rejected as it would make the form inaccurate

Thanks!

Remember - that you DO NOT neeed to include your SISTER NAME ON THE FORM , I-864. IT will be rejected!!!!!!!!!!

Question 9 answer - ????????? there is not a question 9 on the I-864 or DS-230 that ack such a question.

if u have any otehr questions.. let me know.

[R.&S. 2]

YES LPRs can file a petition for their child/children who are Unmarried regardless of age..

NO LPRs cannot file for h their married child/children they MUST be a USC.

UNmarried child (any age) is currently 5 months with USCIS and it splits at the NVC

A. UNDER 21 age with the currrent visa for october would take an additional 4-6 months .. SO you looking at a year (maybe LONGER if your embassy is behind scheduliing interviews.

B. OVER 21 age visa bulletin for oct. is 01APR05 so it would be like a 5.5 - 6 year process. (there's hope for this category as visa #s are freed up).

Hope I answered all your questions..

Thanks you! It was helpful

Edited October 1, 2010 by Raj & Shante

[RICARDO4EVA2 194]

Thanks you! It was helpful

Definitely, am here to help you and the others.

[areyaar 0]

Ricardo (or anyone else that knows):

In your post of September 30, you said "UNmarried child (any age) is currently 5 months with USCIS and it splits at the NVC." What is your source for that? I can't find the link that discusses this scenario.

[Boiler 46,004]

A visa number is immediately available for a parent, not for a sibling.

They can come together if the Parents wait for the Siblings visa number to be available.

[NigeriaorBust 4,087]

At USCIS an i130 is an i130 and they all get handled alike. Once NVC gets their hands on it they have to assign the country specific visa number and that is were the wait can begin. Some lines have infinite numbers available like spouse of a USC. Others are limited by formulas/quotas. These line can have waits that reach decades before you are next in line for a number.

Ricardo (or anyone else that knows):

In your post of September 30, you said "UNmarried child (any age) is currently 5 months with USCIS and it splits at the NVC." What is your source for that? I can't find the link that discusses this scenario.

[RICARDO4EVA2 194]

Ricardo (or anyone else that knows):

In your post of September 30, you said "UNmarried child (any age) is currently 5 months with USCIS and it splits at the NVC." What is your source for that? I can't find the link that discusses this scenario.

Stage 1

Vermont Center for example shows that they are processing I-130s for IR and Family Pref. except for siblings within 5 months(average). As you can see the processing of these cases are on the came time line.

https://egov.uscis.gov/cris/processingTimesDisplay.do

Stage 2

See below NVC's explanation of Immediate Relatives IV and Family preference Category IV.

Immediate Relative Immigrant Visas (Unlimited): These visa types are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year (i.e. IR1).

** ie. when the spouse's case case gets to the NVC he/she can expect the case to be completed in 1-2 months if he/she responds to the nvc in a timely manner. **

Family Preference Immigrant Visas (Limited): These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants ( i.e. F2A)

** example - say the IR1 case gets to the NVC the same time as the F2A on Feb. 1, 2011.. The IR1 case will immediately have a visa waiting while the other case cased on the march 2011 visa bulletin below will sit for another 4 years and 1 month before the case to be issued a visa even if the case was completed. **

http://travel.state.gov/visa/bulletin/bulletin_5337.html

This is the best way I'm able to break it down hope it helped sorry.

[areyaar 0]

Ricardo and everyone else who has responded:

I am the original poster, thanks for your help. So I guess my wife's parents will come now and then the younger sister (who is 19 and unmarried) will have to come later.

I was wondering about the Child Status Protection Act. When my wife's parents come here, they will be LPRs, and you guys/gals are saying that they can file a petition for the younger sister (who is in India) as soon as they are LPRs.

So assuming they file for her as soon as they get here, is that when her age is frozen for CSPA purposes? (I guess Ricardo this would be the same situation for you, but you probably don't need to worry too much about the CSPA because your brother is so young.)

For us I think this will make a huge difference whether: (i) CSPA kicks in as soon as they file for her as LPRs (because they will come in a few months and she will only be 19 at that point) or (ii) CSPA doesn't kick in until they become naturalized citizens at which point she will be over 21.

Which of this two scenarios do you think will apply to us?

As always, thanks!!

[NigeriaorBust 4,087]

As soon as the petition is approved. So you lose time for filing and RFE's .