daughter of US Citizen over 21

[edsperfect 25]

We would like to bring my wife's daughter to Us. My wife is a naturalized citizen, I am native born. Daughter is 29 and Russian citizen unmarried. Sites here just mention filing a form 130 is that all that has to be done? When that is done, or whatever else has to be done how long does it usually take. I don't know the visa number, like K-1 so i can't look it up under timelines.

Thank you and

MERRY CHRISTMAS

[inloveVEN 46]

hi

this page could be an interesting start point, USCIS SONS OVER 21

MERRY CHRISTMAS

[payxibka 10,045]

We would like to bring my wife's daughter to Us. My wife is a naturalized citizen, I am native born. Daughter is 29 and Russian citizen unmarried. Sites here just mention filing a form 130 is that all that has to be done? When that is done, or whatever else has to be done how long does it usually take. I don't know the visa number, like K-1 so i can't look it up under timelines.

Thank you and

MERRY CHRISTMAS

the daughters mother files the i-130 and currently is a seven year wait for a visa

[Gary and Alla 3,694]

the daughters mother files the i-130 and currently is a seven year wait for a visa

I thought children and parents had no wiaitng time, maybe that is for children under age 21?

[VanessaTony 3,567]

I thought children and parents had no wiaitng time, maybe that is for children under age 21?

This explains it: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f63da6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=f63da6c515083210VgnVCM100000082ca60aRCRD

Over 21 changes things. She would be F1. Here is the current bulletin: http://www.travel.state.gov/visa/bulletin/bulletin_5603.html

Edited December 26, 2011 by Vanessa&Tony

[NevermindVz 51]

I thought children and parents had no wiaitng time, maybe that is for children under age 21?

There's no wait for children of US citizens under 21. Sadly for those over 21 there's a long wait, around 6-7 years at the moment.

To the OP, the sooner you start her petition the better.

[Gary and Alla 3,694]

This explains it: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f63da6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=f63da6c515083210VgnVCM100000082ca60aRCRD

Over 21 changes things. She would be F1. Here is the current bulletin: http://www.travel.state.gov/visa/bulletin/bulletin_5603.html

Not an issue for us, but seems strange that parents can get a visa right away and children over 21 cannot. I do not pretend to be able to make sense of everything.

[Brother Hesekiel 2,236]

Not an issue for us, but seems strange that parents can get a visa right away and children over 21 cannot. I do not pretend to be able to make sense of everything.

Parents are immediate relatives. Siblings aren't.

As long as siblings are under the age of 21, meaning they are not allowed to have a sip of light beer, they are seen as dependents, helpless creatures that would not survive alone in the cold. As soon at they turn 21 or get married, they are supposed to be independent.

[JimVaPhuong 4,863]

Parents are immediate relatives. Siblings aren't.

As long as siblings are under the age of 21, meaning they are not allowed to have a sip of light beer, they are seen as dependents, helpless creatures that would not survive alone in the cold. As soon at they turn 21 or get married, they are supposed to be independent.

The OP was talking about the adult son or daughter of a US citizen, rather than a sibling, but the rest of your post still applies.

I had the same reaction as Gary when I first discovered that the parents of a US citizen are considered immediate relatives, but their adult sons and daughters are not. Then again, immediate relative categories are not all they're cracked up to be. Sure, there's no wait for a priority date to become current, but they also can't have derivatives. Mom and dad can come before they're room temperature, but they can't drag the rest of the family with them.

[aleful 1,905]

Not an issue for us, but seems strange that parents can get a visa right away and children over 21 cannot. I do not pretend to be able to make sense of everything.

not fair but unfortunatly true, I had to wait over 5 years to get my GC. My USC mom applied for me in 1999 under the 245i law, I had my interview in January of 2005 and last year I became a USC.

there shouldn't be a difference between children under 21 and over 21 of a USC, but there is. there's nothing you can do about it for now.

[JimVaPhuong 4,863]

not fair but unfortunatly true, I had to wait over 5 years to get my GC. My USC mom applied for me in 1999 under the 245i law, I had my interview in January of 2005 and last year I became a USC.

there shouldn't be a difference between children under 21 and over 21 of a USC, but there is. there's nothing you can do about it for now.

I wouldn't go that far. If children over 21 were in the immediate relative category then they also would not be able to have derivatives. That means a married son or daughter of a US citizen wouldn't be able to bring their family with them if they immigrated.

To me, the law seems pretty consistent in most cases - an adult son or daughter is an immediate relative of their own spouse or children, but no longer an immediate relative of their parents. This means adult sons or daughters who qualify in a family preference category can bring their spouse and children with them, and everyone immigrates at the same time. The glaring anomaly is the inverse case where the parents of a US citizen are considered immediate relatives of that citizen, even if the citizen is a married adult with children.

An example:

John is a US citizen, married to Jane. They have three children. John can petition for his parents, Joe and Mary, as immediate relatives. Joe and Mary don't have to wait for their priority date to become current, but they can't bring any other family members with them.

Now let's turn the tables. Joe and Mary are US citizens, but they can only petition for John as an F3 family preference visa category. John must wait for his priority date to become current, but once it's current he and his entire family can apply for visas.

The dichotomy is that if the adult son or daughter is a US citizen then their parents are immediate relatives, but if the parents are US citizens then the adult son or daughter is NOT an immediate relative.

I think the logical resolution would be to make an F5 family preference category for the parents of a US citizen.

[NevermindVz 51]

I wouldn't go that far. If children over 21 were in the immediate relative category then they also would not be able to have derivatives. That means a married son or daughter of a US citizen wouldn't be able to bring their family with them if they immigrated.

Makes sense. That's why they have separate categories, F1 and F3, for unmarried and married sons/daughters over 21. However, given that F1s have no other immediate relatives, the wait time seems very long when compared to the no-wait for those under 21.

But that's how it is, so we just have to wait

[JimVaPhuong 4,863]

Makes sense. That's why they have separate categories, F1 and F3, for unmarried and married sons/daughters over 21. However, given that F1s have no other immediate relatives, the wait time seems very long when compared to the no-wait for those under 21.

But that's how it is, so we just have to wait

Ah, but an F1 actually might have immediate relatives who would qualify for derivative visas. A divorced adult son or daughter with children would still be in the F1 family preference category because they aren't married, but their children would be eligible for derivative visas because it's a family preference category.

[NevermindVz 51]

Ah, but an F1 actually might have immediate relatives who would qualify for derivative visas. A divorced adult son or daughter with children would still be in the F1 family preference category because they aren't married, but their children would be eligible for derivative visas because it's a family preference category.

Oh good point, I never thought of that. Maybe 2 different F1s then? Those with immediate relatives and those without? Or maybe I'm just thinking too much about this

Still, no wait for the 20-year old unmarried daughter and 7 years wait for the 22-year old unmarried son seems like a big difference. I don't think the wait should be exactly the same, but the difference seems like a lot. But that's the way it is, so patience is our best friend.

Edited December 29, 2011 by NevermindVz