Wife wants to Petition for Parents

[kennym 275]

My wife is here for almost 1 year as a K1 Beneficiary, and is now a LPR...

We understand she will need to become a US citizen before she can petition for her mom, but we're trying to plan ahead...

My wife's mom. (my mother in law "MIL") is re-married.. Her husband is not my Wife's Father..., My wife also has 2 siblings (half siblings)...

So, what are our options?

Can we petition for the her mom and her step father, and her siblings once my wife is a USC?

Or do we need to Petition for her mom first then let her mom petition for her husband?

What is the fastest way for them to be together here in the US?

Kenny

Edited October 22, 2011 by kennym

[Jojo92122 1,924]

Was your wife under age 18 when her mom remarried? A US citizen stepchild can only petition for a stepparent if the legal relationship was established before the stepchild's 18th birthday.

How old are the half siblings and are they married?

[kennym 275]

No, she was over 18... Her brother is 9, and her sister is 15...

Edited October 22, 2011 by kennym

[kennym 275]

A US citizen stepchild can only petition for a stepparent if the legal relationship was established before the stepchild's 18th birthday.

So if she petitions for her mom, is the mother's husband, illegible for a dirivative visa being the husband? Or would her mom Petition for her Husband as an LPR?

[aleful 1,905]

So if she petitions for her mom, is the mother's husband, illegible for a dirivative visa being the husband? Or would her mom Petition for her Husband as an LPR?

no, parents aren't derivatives, petitions are filed separatly. She can only petition for her mother once she becomes a USC. Then her mother will file for her husband. she could have filed for her stepfather if they would have been married before she was 18.

[Jojo92122 1,924]

So if she petitions for her mom, is the mother's husband, illegible for a dirivative visa being the husband? Or would her mom Petition for her Husband as an LPR?

Derivative beneficiaries are not allowed in Immediate Relative cases.

Here are your wife's options when she becomes a US citizen;

1. She can petition for her mom as an Immediate Relative. 6-12 months for an immigration visa.

2. She can petition for her siblings. The current wait for the F4 family preference category is 11 years for visa.

3. She cannot petition for her stepfather because the stepfather/stepchild relationship was established after her 18th birthday.

Here are her mom's options after her mom becomes an LPR;

1. She can petition for her husband. F2a case = 3 years current to complete process and get an immigration visa.

2. Your wife just became an LPR, so it will be 3 years before she gets her US citizenship and an additional year to petition for her mother. In 4 years, her brother will be 13 years old and her sister will be 19 years old when LPR mom files for them in the F2a category. The son will get a visa in the F2a category which has a current wait of 3 years. The daughter may be able to immigrate at the same time if her CSPA age at the time a visa becomes available is under 21 (She will be 19 years old when mom files and if the wait is 3 years, her real age will be over 21 when a visa becomes available to her). If her CSPA age is over 21, then it's an 8 years wait currently in the F2b category.

====

My recommendation is to have your wife file for US citizenship as soon as she can. The day she takes the oath, she should have the file ready to petition her mom. Her mom should get to the US as quickly as possible after getting her visa so she can activate her LPR status and file for her husband and kids. If she is lucky, the daughter's CSPA age will be under 21. Any delays could mean the sister will age out into the F2b category.

Your wife can file for her siblings, and her mother can file for them too. A beneficiary can have more than one I-130.

Edited October 22, 2011 by Jojo92122

[kennym 275]

Derivative beneficiaries are not allowed in Immediate Relative cases.

Here are your wife's options when she becomes a US citizen;

1. She can petition for her mom as an Immediate Relative. 6-12 months for an immigration visa.

2. She can petition for her siblings. The current wait for the F4 family preference category is 11 years for visa.

3. She cannot petition for her stepfather because the stepfather/stepchild relationship was established after her 18th birthday.

Here are her mom's options after her mom becomes an LPR;

1. She can petition for her husband. F2a case = 3 years current to complete process and get an immigration visa.

2. Your wife just became an LPR, so it will be 3 years before she gets her US citizenship and an additional year to petition for her mother. In 4 years, her brother will be 13 years old and her sister will be 19 years old when LPR mom files for them in the F2a category. The son will get a visa in the F2a category which has a current wait of 3 years. The daughter may be able to immigrate at the same time if her CSPA age at the time a visa becomes available is under 21 (She will be 19 years old when mom files and if the wait is 3 years, her real age will be over 21 when a visa becomes available to her). If her CSPA age is over 21, then it's an 8 years wait currently in the F2b category.

====

My recommendation is to have your wife file for US citizenship as soon as she can. The day she takes the oath, she should have the file ready to petition her mom. Her mom should get to the US as quickly as possible after getting her visa so she can activate her LPR status and file for her husband and kids. If she is lucky, the daughter's CSPA age will be under 21. Any delays could mean the sister will age out into the F2b category.

Your wife can file for her siblings, and her mother can file for them too. A beneficiary can have more than one I-130.

I was wodering, if my MIL arrives and is an LPR, can she petition for her children as an LPR?

[Jojo92122 1,924]

Derivative beneficiaries are not allowed in Immediate Relative cases.

Here are your wife's options when she becomes a US citizen;

1. She can petition for her mom as an Immediate Relative. 6-12 months for an immigration visa.

2. She can petition for her siblings. The current wait for the F4 family preference category is 11 years for visa.

3. She cannot petition for her stepfather because the stepfather/stepchild relationship was established after her 18th birthday.

Here are her mom's options after her mom becomes an LPR;

1. She can petition for her husband. F2a case = 3 years current to complete process and get an immigration visa.

2. Your wife just became an LPR, so it will be 3 years before she gets her US citizenship and an additional year to petition for her mother. In 4 years, her brother will be 13 years old and her sister will be 19 years old when LPR mom files for them in the F2a category. The son will get a visa in the F2a category which has a current wait of 3 years. The daughter may be able to immigrate at the same time if her CSPA age at the time a visa becomes available is under 21 (She will be 19 years old when mom files and if the wait is 3 years, her real age will be over 21 when a visa becomes available to her). If her CSPA age is over 21, then it's an 8 years wait currently in the F2b category.

====

My recommendation is to have your wife file for US citizenship as soon as she can. The day she takes the oath, she should have the file ready to petition her mom. Her mom should get to the US as quickly as possible after getting her visa so she can activate her LPR status and file for her husband and kids. If she is lucky, the daughter's CSPA age will be under 21. Any delays could mean the sister will age out into the F2b category.

Your wife can file for her siblings, and her mother can file for them too. A beneficiary can have more than one I-130.

I was wodering, if my MIL arrives and is an LPR, can she petition for her children as an LPR?

An LPR can file for unmarried children; F2a if under 21 and F2b if over 21.

Edited October 23, 2011 by Jojo92122