F2B vs F4

[Lee1709 0]

Hi guys,

I have question regarding my current situation. I am from Indonesia (23 years old) and I came to study here in USA since 2006. I gradauted 2010 and did my OPT which expires recently(my work can't sponsor me H1B), which means I have to go back to my country soon, unless I continue my study which is kinda tough with my current financial situation. My half sister(same mother) who is a US Citizen now plans to petition me. Currently we are thinking 2 options:

1. To petition me directly

2. To petition my mom first, wait until she becomes GC holder then let my mom petition me

My questions are:

1. Should my sister petition both my mom and me now? or just petition my mom first?

2. Can my mother petition me later once she got her GC if my sister petition me now?

3. Appoximately how much is the processing time difference for F2B and F4?

4. If my sister were to petition my mom first, is it better for my mom to wait at my home country while being petition or come to US and do a change of status?

Any helps or suggestions are greatly appreciated.

[Boiler 45,837]

1. Both

2. Yes

3. See Visa Bulletin

4. She only has one option, the first.

[ceadsearc 516]

You can have more than one petition pending so I believe they could both petition you (or one and then the other) but I'm not 100% certain so hopefully someone can verify that. It may end up just being a waste of money though.

Your mother will have a visa immediately available to her when your sister files. So she would be here in about a year, maybe a bit less, and if she immediately petitioned you then you'd be looking at another 8 years. So about 9 years total (based on current waits for visas). You'd have to stay unmarried that whole time. If your sister petitioned you it would be about an 11 year wait. But you would not have to stay unmarried.

Your mother can't come and adjust status. It's illegal to come with intent. Your sister needs to file an I-130 for her and she would come with an IR-5 visa.

[Lee1709 0]

Hi,

Thanks for the response, it seems the best way is for my sister to file both me and my mother petition now.

However, I was wondering if its worth it to sponsor me through my mom.

As after my mom got the green card, she doesn't plan to stay in the US(for now) which means she has to travel every year to US to maintain her GC status.

And the approximate wait time difference between F2B and F4 are about 3 years apart.

Also just want to confirm the response above, for F2B I can't get married, while for F4 I can get married?

If someone can please verify that, I really appreciate it

If anyone have similar case, please share your experience

Thank you

[aleful 1,905]

Hi,

Thanks for the response, it seems the best way is for my sister to file both me and my mother petition now.

However, I was wondering if its worth it to sponsor me through my mom.

As after my mom got the green card, she doesn't plan to stay in the US(for now) which means she has to travel every year to US to maintain her GC status.

And the approximate wait time difference between F2B and F4 are about 3 years apart.

Also just want to confirm the response above, for F2B I can't get married, while for F4 I can get married?

If someone can please verify that, I really appreciate it

If anyone have similar case, please share your experience

Thank you

that's not possible, that is fraud what your mother want's to do, the GC isn't a tourist visa, it's for living here, the GC can be revoked if she doesn't, and less if you want her to file for you. she can get a tourist visa if she want to visit only.

[Boiler 45,837]

If your mother does not intend to reside in the US then her petition is irrelevant.

F4 does not matter if you are married or not.

[ceadsearc 516]

If your mother isn't going to live here she isn't eligible for a green card. Visiting yearly won't maintain her residence, her GC will be revoked.

I would have your sister petition you in that case.

[NigeriaorBust 4,087]

If you mom comes gets a green card , files for you then loses her green card by not meeting the conditions ( being in the US more that out of the US, filing US taxes on her income ) your petition would become void as you are no longer the son of an LPR.