F2b Vs. F4

[chynadoll1112 0]

I am taking my oath tomorrow morning.

Like others, I want to bring my family here (my mom, 2 sisters, and 1 brother).

See... I am aware of the "aging out" matter, but I can only apply for my mom tomorrow after I received my certificate of naturalization. I had done my research that parent will have their spot available without any hassle.

My eldest sister is going to be divorced and she is 29 no children due to her in-laws problem, my younger sister is 23, and my youngest brother is 20. They all are in Indonesia.

My youngest brother b'day is in April, I don't think there will be enough time to apply for him under my mom after she receives her PR because it might take around 5 – 6 months.

Although, I can apply for my siblings, it will take 10 years in comparison to my mom petitioning for them (maybe, just maybe around 5 years.) This is my f2b vs. f4 issue. I understood there is no exact waiting time; it is depending on the quota and the country of origin.

1. So, wouldn't you agree if I should wait until my mom receives her PR and then she petitions for my siblings that all of them will be over 21 and unmarried? Because I don’t see if it helps me to petition my youngest brother who is under 21 now since I am just his sibling, not parent.

2. What if, during waiting period later on where my mom already become a PR and already petition for my siblings, but my mom become a USC in her 5th year, and all my siblings already over 21 and still unmarried, what happened to the petition? Will it speed up or nothing change? Should my mom then submit new petition as USC for my siblings?

3. My eldest sister’s divorce process is not yet started, but she is going to be divorce for sure, so should I petition for her now? Will it gives her husband a right to join the petition if I don’t want him to? Hence, they will be divorced during the waiting period of the visa? I definitely do not want her husband to be part of this petition. Should my mom petition them all together later?

All of these have been stressing me out. I can’t no longer think alone. Please help me since you are all more experience. I don’t want to petition for my siblings now and then have my mom petition again because I feel it’s just a waste of money because with my mom petitioning next year, it will make my siblings in higher priority, don’t you agree?hhhhhh…..

[Jojo92122 1,924]

Congratulations on being a US citizen.

1. No, I disagree. A beneficiary can have more than one petition. You can file for your sisters and brother. Your mother can also file for them. If you mother dies or if a sibling gets marry, then the petition filed for your mother dies. It's always nice to have a backup petition filed by you if the petition filed by your mother fails.

2. Your mother would need to notify either USCIS or the NVC to upgrade the petitions. Your siblings would move from the F2b category to the F1 category where the wait is shorter. Your mother would not file new petitions - she upgrades the ones she filed when she was an LPR.

3. You can file a petition for your sister tomorrow. You file for your sister. You are not filing for her husband. Her husband has no rights under the petition (so don't worry about this). Once they are divorced, your sister couldn't even bring him to the US with her if she wanted that. The divorce will terminate his eligibility as a derivative beneficiary.

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Here is my suggestion;

You file separately for your siblings. This will take about 11 years. It doesn't matter if they get marry or divorce. Once their Priority Dates become current and visas are available to them, they and their spouses and minor children can immigrate with them. These petitions will serve as backups if your mom petitions for your siblings too.

Once your mom is an LPR, she can file for the unmarried siblings. However, these petitions dies if they get marry since an LPR cannot petition for a married child. Your mom can upgrade these petitions once she becomes a US citizen. If she dies, these petitions also dies. This is why it is a good idea for you to file separately from your mom.

[chynadoll1112 0]

Congratulations on being a US citizen.

1. No, I disagree. A beneficiary can have more than one petition. You can file for your sisters and brother. Your mother can also file for them. If you mother dies or if a sibling gets marry, then the petition filed for your mother dies. It's always nice to have a backup petition filed by you if the petition filed by your mother fails.

2. Your mother would need to notify either USCIS or the NVC to upgrade the petitions. Your siblings would move from the F2b category to the F1 category where the wait is shorter. Your mother would not file new petitions - she upgrades the ones she filed when she was an LPR.

3. You can file a petition for your sister tomorrow. You file for your sister. You are not filing for her husband. Her husband has no rights under the petition (so don't worry about this). Once they are divorced, your sister couldn't even bring him to the US with her if she wanted that. The divorce will terminate his eligibility as a derivative beneficiary.

-------------

Here is my suggestion;

You file separately for your siblings. This will take about 11 years. It doesn't matter if they get marry or divorce. Once their Priority Dates become current and visas are available to them, they and their spouses and minor children can immigrate with them. These petitions will serve as backups if your mom petitions for your siblings too.

Once your mom is an LPR, she can file for the unmarried siblings. However, these petitions dies if they get marry since an LPR cannot petition for a married child. Your mom can upgrade these petitions once she becomes a US citizen. If she dies, these petitions also dies. This is why it is a good idea for you to file separately from your mom.

I don't know how I didn't see ur post yesterday. I had just sent my mom's app couple hours ago (express mail to Chicago lock box) without stating that I will file for my siblings as well. Will it affect anything if I just file petitions for my siblings without correcting my mom's app? Also, you mentioned that my mom can upgrade her petition once she becomes usc even though my siblings are over 21?