Need your help VJ friends

[shirleyjeremy 0]

Hello,

My wife has been a citizen for a year now and we just got her father to the united states where he lives with us. Her mother will be here in the next few months but I am stumped on what is the fastest way to get her brother here. Would it be faster for her as a citizen to file for him to come or her father as a permanent resident filing for a son over 21 not married. The dates are confusing with the wait times because she is from Guatemala and the country dates are not available. What do you guys think? any advice will be very helpful

thanks

Jeremy

[NigeriaorBust 4,087]

For your father it is an F2B and the current date is 0ct of 2003 , and your brother must stay unmarried

For you he is F4 and the date is currently Sep of 2000 however he can marry and not lose his place. If your father becomes a USC before the F2b becomes current he could change types ( and get married )

[RICARDO4EVA2 194]

For your father it is an F2B and the current date is 0ct of 2003 , and your brother must stay unmarried

For you he is F4 and the date is currently Sep of 2000 however he can marry and not lose his place. If your father becomes a USC before the F2b becomes current he could change types ( and get married )

i agree.

[susie91 0]

For your father it is an F2B and the current date is 0ct of 2003 , and your brother must stay unmarried

For you he is F4 and the date is currently Sep of 2000 however he can marry and not lose his place. If your father becomes a USC before the F2b becomes current he could change types ( and get married )

Does that mean that their is a backlog of people filing all the way back to 2003? how long would that mean it would take to get the brother there?

[RICARDO4EVA2 194]

Does that mean that their is a backlog of people filing all the way back to 2003? how long would that mean it would take to get the brother there?

yes uscis is back logged with cases, 9-10 years

Edited January 24, 2012 by RICARDO4EVA2

[susie91 0]

yes uscis is back logged with cases, 9-10 years

oh dear.. ok.. so would that length of time be different depending on the country your coming from? or is the same for all countries

[RICARDO4EVA2 194]

oh dear.. ok.. so would that length of time be different depending on the country your coming from? or is the same for all countries

yes different ... based on the feb. 2012 cut off dates

Mexico Cases - December 1, 1992

Philippines Cases - November 1, 2001

India, Cgina - October 15, 2003

ALL other countries - October 15, 2003 (example - Japan, Barbados, Jamaica, Canada, Spain, Nigeria etc)

[shirleyjeremy 0]

yes different ... based on the feb. 2012 cut off dates

Mexico Cases - December 1, 1992

Philippines Cases - November 1, 2001

India, Cgina - October 15, 2003

ALL other countries - October 15, 2003 (example - Japan, Barbados, Jamaica, Canada, Spain, Nigeria etc)

Thats what confused me, does that mean all the other countries are October 15 2003 or does it mean the average of all others? Do you think if I called the NVC they could tell me the date for guatemala specifically ?

[RICARDO4EVA2 194]

Thats what confused me, does that mean all the other countries are or does it mean the average of all others? Do you think if I called the NVC they could tell me the date for guatemala specifically ?

you can call yes but your country is October 15 2003

[shirleyjeremy 0]

This is also one of my worries because her dad is in his upper 60s what happens if god forbid her dad passes away than the visa goes to? Maybe its safer to let my wife file as a citizen and wait the additional years

[RICARDO4EVA2 194]

This is also one of my worries because her dad is in his upper 60s what happens if god forbid her dad passes away than the visa goes to? Maybe its safer to let my wife file as a citizen and wait the additional years

most times some one can continue the case with the affidavit of support

[NigeriaorBust 4,087]

most times some one can continue the case with the affidavit of support

If the father died before the petition is approved the case is dead , if after a substitute sponsor may be allowed. Be safe file 2 I130's ( it is allowed to be in both F2B and F4 )

[RICARDO4EVA2 194]

If the father died before the petition is approved the case is dead , if after a substitute sponsor may be allowed. Be safe file 2 I130's ( it is allowed to be in both F2B and F4 )

Correct. On average the I-130 would be approved within 6 months. Unless the father is very sick then i would recommend filing 2 I-130s apart from that i say no.. that is a waste of money. My grandmother filed for my mother in 2003, she was 62.. no today she is 70 turning 71 in may 2012. we didn't not file two i-130s... no one is thinking she might not live past 6 months.

The same could be said about a petitioner who is in ther 30's or 40's they could die, file 2 I-130's - waste of money.

[aaron2020 11,651]

File two I-130s. Your father-in-law can file an I-130. Your wife can file a separate I-130.

If the petitioner dies before the I-130 is approved, the petition is dead.

If the petitioner dies after the I-130 is approved, the petition is dead. However, this case allows for humanitarian reinstatement. Reinstatement is not automatic and could be denied. This is why it is better to have a second I-130 as a backup rather than rely on humanitarian reinstatement. It's better to pay the extra $420 now to file a second I-130 rather than try to get a humanitarian reinstatement later if only one of them file. Think of it as an insurance policy.

Edited January 24, 2012 by aaron2020