will be US citizen to petition mom and sister who will be 21 next year

[andrea4prez 1]

Good day everyone!

I just hope you can shed light on what's the best thing to do regarding my husband's situation.

He will be a citizen by April next year.

He plans to petition his mom and sister who will be 21 on November 2013.

What would be the best way to go? Should he petition Mom first and once Mom gets here she will in turn petition her daughter? The only thing that we are worrying about is the sister would be 21 by then if it will take more than 6 months from April to petition his mom.

Thank you!

[Grace A 12]

Good day everyone!

I just hope you can shed light on what's the best thing to do regarding my husband's situation.

He will be a citizen by April next year.

He plans to petition his mom and sister who will be 21 on November 2013.

What would be the best way to go? Should he petition Mom first and once Mom gets here she will in turn petition her daughter? The only thing that we are worrying about is the sister would be 21 by then if it will take more than 6 months from April to petition his mom.

Thank you!

Hey Andrea, I would advise you to get all the documents prepared for your hubby to start the filing process for his mother as soon as possible. I know it takes sometime to get the citizenship certificate but seeing the best way to get your husband's sister there quickly is by letting her come with the mother.

You have to send in the petition for the mother instantly (and you will send in your sisters information (her birth certificate along with the mother as a child under 21 years old (a derivative))as soon as you get the citizenship.. (please call and find out how you can go about doing this, so that you will know what to do).

What will happen is that after filing for your mom and hopefully the NVC moves fast enough to send out the package to her that contains the AOS fees payemnt and DS230 forms etc.... The DS230 form (check if this is what they call it still) is very important for your sister here..There is a section that asks for the beneficiary (hubby's mom) to put the names of all her children-those who will come with her and those who will not be coming with her) Ensure that the sister's name is written in the section that says children under 21 who will accompany the mother now(beneficiary).. the sister will be treated as a derivative.. fill out this form and pay the fees ASAP! AS SOON AS POSSIBLE! just stressing the soon.. so that these can reach the NVC and a visa number be provided for both the mother and daughter, before she turns 21.. the mother (or whoever, you or the husband) completing the DS230 form MUST include the daughter on it and send it in to the NVC with the fees and everything they asked for as quickly as possible. Paying all the applicable fees, so a number is given before she turns 21...

This is a very close filing seeing that the office may take some time to respond to your petitions and YOU (the persons involved in the process) do everything quickly and dont delay. It seems you will have to probably use the electronic system for filing if it is available in your country. You can check this out just go to the USCIS website or the NVC website..and dont be afraid to call...But if you dont delay your husband's sister could get to migrate with your mother. If however things dont work out and your husband should file for his sister.. she will have 15- 20 years wait... Hope i helped.. I am posting a linkf or you to read also.. and you can search this site its very good!

http://www.uscis.gov/USCIS/Resources/A1en.pdf

http://www.uscis.gov/USCIS/Resources/B1en.pdf

[andrea4prez 1]

Thank you very very much for your reply!

? Does the sister need her own I-130 too ? or just do it thru his mom's petition?

Hey Andrea, I would advise you to get all the documents prepared for your hubby to start the filing process for his mother as soon as possible. I know it takes sometime to get the citizenship certificate but seeing the best way to get your husband's sister there quickly is by letting her come with the mother.

You have to send in the petition for the mother instantly (and you will send in your sisters information (her birth certificate along with the mother as a child under 21 years old (a derivative))as soon as you get the citizenship.. (please call and find out how you can go about doing this, so that you will know what to do).

What will happen is that after filing for your mom and hopefully the NVC moves fast enough to send out the package to her that contains the AOS fees payemnt and DS230 forms etc.... The DS230 form (check if this is what they call it still) is very important for your sister here..There is a section that asks for the beneficiary (hubby's mom) to put the names of all her children-those who will come with her and those who will not be coming with her) Ensure that the sister's name is written in the section that says children under 21 who will accompany the mother now(beneficiary).. the sister will be treated as a derivative.. fill out this form and pay the fees ASAP! AS SOON AS POSSIBLE! just stressing the soon.. so that these can reach the NVC and a visa number be provided for both the mother and daughter, before she turns 21.. the mother (or whoever, you or the husband) completing the DS230 form MUST include the daughter on it and send it in to the NVC with the fees and everything they asked for as quickly as possible. Paying all the applicable fees, so a number is given before she turns 21...

This is a very close filing seeing that the office may take some time to respond to your petitions and YOU (the persons involved in the process) do everything quickly and dont delay. It seems you will have to probably use the electronic system for filing if it is available in your country. You can check this out just go to the USCIS website or the NVC website..and dont be afraid to call...But if you dont delay your husband's sister could get to migrate with your mother. If however things dont work out and your husband should file for his sister.. she will have 15- 20 years wait... Hope i helped.. I am posting a linkf or you to read also.. and you can search this site its very good!

http://www.uscis.gov/USCIS/Resources/A1en.pdf

http://www.uscis.gov/USCIS/Resources/B1en.pdf

[Grace A 12]

Thank you very very much for your reply!

? Does the sister need her own I-130 too ? or just do it thru his mom's petition?

You're welcome..

If your hubby should send in an I 130 for the sister.. that would be him filing for his sister ( awaiting time of 15-20 yrs). If you want her to be included with the mother u have to add her as a derivative child under 21 on the mothers application.. I dont remember how the I130 looks but i think there is a section for the mother to list her children. Write the sister's name on the I130 form and also send her birth certificate in with the mother's documents. Read the guide for Citizens filing..

As i said before, you and your husband cannot delay and should use every form of electronic communication to get the correspondences quickly.. Wish you all the best

Edited December 11, 2012 by Grace A

[andrea4prez 1]

Got it! Wish us luck that once he gets his citizenship, we can at least get his mom's approval / DS230 before the sister turns 21...

I will prepare everything now, just the waiting and suspense is killing me hehe...

Thank you!

You're welcome..

If your hubby should send in an I 130 for the sister.. that would be him filing for his sister ( awaiting time of 15-20 yrs). If you want her to be included with the mother u have to add her as a derivative child under 21 on the mothers application.. I dont remember how the I130 looks but i think there is a section for the mother to list her children. Write the sister's name on the I130 form and also send her birth certificate in with the mother's documents. Read the guide for Citizens filing..

As i said before, you and your husband cannot delay and should use every form of electronic communication to get the correspondences quickly.. Wish you all the best

[Reyan 56]

If I recall correctly IR visa's don't allow derivative, so I don't think it will work.

[Grace A 12]

If I recall correctly IR visa's don't allow derivative, so I don't think it will work.

if this is so Andrea you should let your mom do the filing for her.. it will work out quicker..but check about it first before you make any moves... call the NVC or the USCIS

[Grace A 12]

if this is so Andrea you should let your mom do the filing for her.. it will work out quicker..but check about it first before you make any moves... call the NVC or the USCIS

If I recall correctly IR visa's don't allow derivative, so I don't think it will work.

if this is so Andrea you should let your mom do the filing for her.. it will work out quicker..but check about it first before you make any moves... call the NVC or the USCIS

Andrea read this.. do as i told you to do before as long as the child is under 21 she can go on the mothers DS230... only like that! readd it in the guide

What about my relative’s family?

In most cases, when your relative reaches the front of the line, your relative’s spouse and unmarried children under 21 years of age can join him or her by also applying for an immigrant visa. (If the family member is already in the United States, he or she may be able to file a Form I-485 application to adjust status based on the relative’s approved visa petition.)

For example: You file a petition for your married daughter. You

cannot directly petition for her husband and children. However, when

your daughter’s place in line allows her to apply for a green card, her husband and children can apply for immigrant visas at the same time with your daughter.

As a U.S. citizen, you must file a separate petition for each one of your direct relatives, including your own children.

For example: To sponsor your mother and father, file a separate petition for each. If they have other children—your brothers and sisters—file a separate petition for each of them. Visas are immediately available for mothers and fathers of U.S. citizens, but visas are not immediately available for brothers and sisters of U.S.

citizens; therefore, they will have to wait for visa availability.

For example: You marry someone with a child. The child will usually qualify as your stepchild if he or she was unmarried and under 18 years of age at the time of your marriage. In this example, you are required to file two petitions: one petition for your wife and another for the child.

1Immigration law provides different immigrant classifications for children depending on their age and whether they are married. Customer guide A3, I Am a U.S. Citizen...How Do I...Immigrate an Adopted or Prospective Adopted Child or Help My Adopted Child Become a Citizen or Permanent Resident

of the United States?, discusses how an adopted child may immigrate or otherwise become a permanent resident.

[aleful 1,905]

Good day everyone!

I just hope you can shed light on what's the best thing to do regarding my husband's situation.

He will be a citizen by April next year.

He plans to petition his mom and sister who will be 21 on November 2013.

What would be the best way to go? Should he petition Mom first and once Mom gets here she will in turn petition her daughter? The only thing that we are worrying about is the sister would be 21 by then if it will take more than 6 months from April to petition his mom.

Thank you!

sorry but his sister won't make it in time. he can file for his mother as soon as he has his cerificate of ciitizenship. the petition for his mom will take from 8 months to a year, there are no derivatives on parents petitions, siblings are filed separatly.

His mother can file for her once she becomes a LPR, but she will be over 21 and will also take many years depending from which country they are from.

if his mother files, his sister cannot marry unless she becomes a USC. so he still may want to file a i130 for his sister, any of the petitions will take a very long time.

Edited December 11, 2012 by aleful

[Boiler 45,585]

sorry but his sister won't make it in time. he can file for his mother as soon as he has his certificate of citizenship. the petition for his mom will take from 8 months to a year, there are no derivatives on parents petitions, siblings are filed separately.

His mother can file for her once she becomes a LPR, but she will be over 21 and will also take many years depending from which country they are from.

if his mother files, his sister cannot marry unless she becomes a USC. so he still may want to file a I130 for his sister, any of the petitions will take a very long time.

Very long time, Philippines.

[apple21 953]

USC brother files i-130 for mom. Will take less than a year to complete.

When mom receives her Green Card, she files i-130 for daughter. Daughter will be under the F2B category (Unmarried Sons & Daughters over 21 of LPR) with a waiting time of 10-11 YEARS. She must maintain her single/unmarried status to stay in the F2B category. If she marries while the F2B is in process, mom will have to Naturalize first then file a new petition which is F3 (Married Sons & Daughters of US Citizens) with a waiting time of 20+ YEARS.

To see the current priority dates being processed for January 2013 Visa Bulletin: http://travel.state.gov/visa/bulletin/bulletin_5834.html

Edited December 12, 2012 by apple21

[aaron2020 11,651]

if this is so Andrea you should let your mom do the filing for her.. it will work out quicker..but check about it first before you make any moves... call the NVC or the USCIS

Andrea read this.. do as i told you to do before as long as the child is under 21 she can go on the mothers DS230... only like that! readd it in the guide

What about my relative’s family?

In most cases, when your relative reaches the front of the line, your relative’s spouse and unmarried children under 21 years of age can join him or her by also applying for an immigrant visa. (If the family member is already in the United States, he or she may be able to file a Form I-485 application to adjust status based on the relative’s approved visa petition.)

For example: You file a petition for your married daughter. You

cannot directly petition for her husband and children. However, when

your daughter’s place in line allows her to apply for a green card, her husband and children can apply for immigrant visas at the same time with your daughter.

As a U.S. citizen, you must file a separate petition for each one of your direct relatives, including your own children.

For example: To sponsor your mother and father, file a separate petition for each. If they have other children—your brothers and sisters—file a separate petition for each of them. Visas are immediately available for mothers and fathers of U.S. citizens, but visas are not immediately available for brothers and sisters of U.S.

citizens; therefore, they will have to wait for visa availability.

For example: You marry someone with a child. The child will usually qualify as your stepchild if he or she was unmarried and under 18 years of age at the time of your marriage. In this example, you are required to file two petitions: one petition for your wife and another for the child.

1Immigration law provides different immigrant classifications for children depending on their age and whether they are married. Customer guide A3, I Am a U.S. Citizen...How Do I...Immigrate an Adopted or Prospective Adopted Child or Help My Adopted Child Become a Citizen or Permanent Resident

of the United States?, discusses how an adopted child may immigrate or otherwise become a permanent resident.

This is wrong. The daughter cannot immigrate with the mother. IT IS IMPOSSIBLE FOR THE DAUGHTER TO IMMIGRATE WITH THE MOTHER. NOTHING ALLOWS IT.

Everyone else has the right answers. Apple21 has the best answer.

Edited December 12, 2012 by aaron2020

[aaron2020 11,651]

When a US citizen petitions for a parent, it is an Immediate Relative case. The good thing is that there are no visa limits for Immediate Relatives, so it is only 6-12 months for an immigration visa. However, the bad thing is that only the parent will get a visa. No visas will be given to a spouse or children.

Even if the mom files for the daughter before her 21st birthday, CSPA will not freeze her age until her PD becomes current because this is a Family Preference case. Visas are limited in Family Preference cases, so it takes many years to get a visa. The daughter will age out into the F2b category where the current wait is 10 years.

Edited December 12, 2012 by aaron2020

[NigeriaorBust 4,087]

When your husband becomes a citizen he files for his mother , she will come in about a year. He files for his sister and she will start a 24 year wait but marital status is NOT important.

Mom arrives in about a year. Sister will already be over 21 and mom will file under F2b, the wiat is about 10 years but sister MUST remain single until she comes OR mom becomes a USC. If she marries she is covered on the petition filed by hubby with a longer wait.

[Grace A 12]

I did my homework.. Apparently derivatives are not allowed with immediate relatives... and it seems my friends n some of my family weren't telling me the truth.. I will find out from them what they did because I know one set whose son filed for both parents and everyone went almost together.. will check and see..

I think she should still include the sister's name on the I-130 and the DS230 when they get it! Nothing beats a try but a failure to...