Petition Parents

[Wubzywub 0]

Hello,

My wife came on a Fiance visa in 2005, SHe received her Green Card in July 2006. So she'll be filing for US citizen in July of 2009.

She wants to petition her parents from the Philippines. She has a younger brother who will be around 14 yr old when 2009 -2010 rolls around. What is the best way to do this? She petitions her parents then parents petition son? Or can she include him also on the original petition?

[YuAndDan 153]

Yes first thing is your wife needs to become a naturalized citizen, in order to petition for her parents. The parents will have visa immediately available and can immigrate as soon as the paper work goes through.

her parents would be considered:

Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.

The parents then will have to petition for her brother, this makes her brother: (Takes about 2 years)

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

If your wife were to petition for her brother after she becomes a citizen it will take much (6 years) longer in this case her brother would be considered:

Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000)

See: http://travel.state.gov/visa/immigrants/ty...types_1306.html

[sunandmoon 450]

what you said first is correct. after becoming USC she can petition her parents. after parents are here, they will need to be LPR before they can petition a child. your fiancee can petition her brother at the same time as her parents, however i've heard it takes 10 to 20 years to petition a brother/sister.