mother to petition widowed daughter

[mark n jess 0]

My mom is a permanent resident in US for 4 yrs now. She wants to petition my widowed sister in Phillipines. Can this be possible? If she can file for a petition what kind of petition would it be and what are the forms to use? How long will it take? Is it faster if she will just wait till she will become US Citizen before she will file the petition?

Please somebody can help us....we would greatly appreciate it.

Mark_n_jess

[Harpa Timsah 13,258]

I am not sure if widowed constitutes unmarried, but if it does, then they are working on 1999 cases right now for the Philippines, so it would take 12 years-ish for the petition to be approved.

Here is the Feb visa bulletin. I believe you sister may be under F2B category, if widowed counts as unmarried. http://travel.state.gov/visa/bulletin/bulletin_5228.html

Probably best to wait until you mother gets citizenship next year. She would file a I-130. Good luck.

[marriedtomrg 141]

Your mom has to be a U.S. citizen to petition your widowed sister. Lawful permanent residents are not eligible to petition married children.

A U.S. citizen may petition for:

A child (unmarried and under 21 years of age)

An unmarried son or daughter ( 21 years of age and older)

A married son or daughter of any age

Even then, it may take a few years for your sister to receive a visa. Visit the Department of State website to check out the priority dates.

My mom is a permanent resident in US for 4 yrs now. She wants to petition my widowed sister in Phillipines. Can this be possible? If she can file for a petition what kind of petition would it be and what are the forms to use? How long will it take? Is it faster if she will just wait till she will become US Citizen before she will file the petition?

Please somebody can help us....we would greatly appreciate it.

Mark_n_jess

[mark n jess 0]

Your mom has to be a U.S. citizen to petition your widowed sister. Lawful permanent residents are not eligible to petition married children.

A U.S. citizen may petition for:

A child (unmarried and under 21 years of age)

An unmarried son or daughter ( 21 years of age and older)

A married son or daughter of any age

Even then, it may take a few years for your sister to receive a visa. Visit the Department of State website to check out the priority dates.

Thank you for you reply.

I am not sure if widowed constitutes unmarried, but if it does, then they are working on 1999 cases right now for the Philippines, so it would take 12 years-ish for the petition to be approved.

Here is the Feb visa bulletin. I believe you sister may be under F2B category, if widowed counts as unmarried. http://travel.state.gov/visa/bulletin/bulletin_5228.html

Probably best to wait until you mother gets citizenship next year. She would file a I-130. Good luck.

[milimelo 4,479]

Moving to bringing family members of US permanent residents forum.

[aleful 1,905]

My mom is a permanent resident in US for 4 yrs now. She wants to petition my widowed sister in Phillipines. Can this be possible? If she can file for a petition what kind of petition would it be and what are the forms to use? How long will it take? Is it faster if she will just wait till she will become US Citizen before she will file the petition?

Please somebody can help us....we would greatly appreciate it.

Mark_n_jess

of course she can, she is not married anymore, Your mom will need the death certificate and a translation of the same in English, to send with the i130, among the rest of the documents, such as birth certificate.

I was divorced when my USC mom filed for me and I was considered an unmarried child over 21, I sent my divorce decree.

She is not married anymore, but she cannot marry anyone else unless your mom becomes a USC.

She can start now, since it will take many years.

and many residents also have filed for divorced children. as long as she has proof that she is no longer married.

Edited January 16, 2011 by aleful

[Jojo92122 1,924]

Your mom has to be a U.S. citizen to petition your widowed sister. Lawful permanent residents are not eligible to petition married children.

A U.S. citizen may petition for:

A child (unmarried and under 21 years of age)

An unmarried son or daughter ( 21 years of age and older)

A married son or daughter of any age

Even then, it may take a few years for your sister to receive a visa. Visit the Department of State website to check out the priority dates.

A widow does not have a spouse. That person is not married. So yes, a Legal Permanent Resident can petition for a widowed child because that child is "unmarried."

of course she can, she is not married anymore, Your mom will need the death certificate and a translation of the same in English, to send with the i130, among the rest of the documents, such as birth certificate.

I was divorced when my USC mom filed for me and I was considered an unmarried child over 21, I sent my divorce decree.

She is not married anymore, but she cannot marry anyone else unless your mom becomes a USC.

She can start now, since it will take many years.

and many residents also have filed for divorced children. as long as she has proof that she is no longer married.

Absolutely correct.

[Boiler 45,516]

If she is going to Naturalise then she needs to file beforehand that was she can keep the quicker priority date.

[Jojo92122 1,924]

If she is going to Naturalise then she needs to file beforehand that was she can keep the quicker priority date.

Good advice.

For Filipinos, there is a quirk in the immigration system where it is faster for an LPR to petition for an unmarried child over age 21 than it does for a a US citizen to petition for an unmarried child over age 21.

A petition filed by a US citizen for an unmarried child over age 21 will be classified as an F1 family preference case. The February 2011 Visa Bulletin list the Priority Date (PD) for F1 from the Philippines as August 1, 1994. YIKES - 17 years waiting for a visa.

A petition filed by an LPR for an unmarried child over age 21 will be classified as an F2b family preference case. The February 2011 Visa Bulletin list the PD for F2b from the Philippines as June 1, 1999. 12 years waiting for a visa. If the petitioner becomes a US citizen, the child would automatically move from the F2b category to the F1 category. The law allows the beneficiary to request retention in the F2b category.

So, it's better for a Filipino to petition for an unmarried child over age 21 while the petitioner is an LPR than to file after the petitioner gains US citizenship.