At what point in the immigration process can a beneficiary sponsor family members

[slowlyman 118]

A person enters the US with a K-1. At what point in the process can this person start sponsoring their own family members and bring them over on Visa's?

Edited July 16, 2013 by slowlyman

[aleful 1,905]

hi,

first you have to become a resident. you enter the US, marry within the 90 days and your spouse files for you.

then it depends on who are you talking about if you qualify or not to file for them. you would be able to file for unmarried children. in that case if they are under 18, they should have come with you on a K2 visa.

for the rest of the family you have to be a US Citizen, for parents, siblings, or married children

[slowlyman 118]

It would be her parents and siblings. So, she would need to be a USC. How far down the road is that?

[NigeriaorBust 4,087]

at least 3 years to file IF the visa class still exists at that time. Chances are very good there will no longer be sibling visas in 3 years.

[Darnell 8,478]

actually, it's right after the green card is in his/her hands.

Sure, it's a different visa category, and there are some that won't qualify, but hey !

Timeclock starts when the first greencard is in hand.

[slowlyman 118]

actually, it's right after the green card is in his/her hands.

Sure, it's a different visa category, and there are some that won't qualify, but hey !

Timeclock starts when the first greencard is in hand.

What time clock?

[aleful 1,905]

She can petition for them as a LPR but it will take years to get their visa. I think if she were do this and then become a citizen she can request a change in the status.

Maybe Darnell or someone can give more info on that process.

no,

LPR can't petition for parents or siblings, only USC can. so she has to first become a LPR, then USC and THEN file for them

[Darnell 8,478]

the timeclock for priority date.

no,

LPR can't petition for parents or siblings, only USC can. so she has to first become a LPR, then USC and THEN file for them

something change, recently?

[aleful 1,905]

the timeclock for priority date.

something change, recently?

no, it has always been that way

residents can only file for spouses and unmarried children

US Citizens can file for them as well, plus parents, siblings and married children

[aleful 1,905]

as NIgeriaorbust stated

she can file in 3 years when she becomes a USC

[Darnell 8,478]

ok. boy, do i feel silly

[aaron2020 11,651]

She needs to be a USC to petition her parents and siblings.

Once she enters on the K-1, it'll take 6 months to get her a green card after she files.

After having her green card for 3 years and meeting all the other requirements, she can apply for US citizenship. It'll take several months to a year to get US citizenship.

So in 4-5 years when she is a US citizen, she can file for them. It will take 1 year for her parents. It will take 12 years for her siblings (if the sibling category is not eliminated).

[slowlyman 118]

as NIgeriaorbust stated

she can file in 3 years when she becomes a USC

Ok, thanks, that's the number I was looking for.

This all seems premature to me. She is only here two weeks and already she is getting pressure from her siblings to get them Visa's. I just want to give them a number so they stop bugging us for a while.

She needs to be a USC to petition her parents and siblings.

Once she enters on the K-1, it'll take 6 months to get her a green card after she files.

After having her green card for 3 years and meeting all the other requirements, she can apply for US citizenship. It'll take several months to a year to get US citizenship.

So in 4-5 years when she is a US citizen, she can file for them. It will take 1 year for her parents. It will take 12 years for her siblings (if the sibling category is not eliminated).

Seriously?

[lost_at_sea 995]

Ok, thanks, that's the number I was looking for.

This all seems premature to me. She is only here two weeks and already she is getting pressure from her siblings to get them Visa's. I just want to give them a number so they stop bugging us for a while.

There's talk that the sibling visa may go away, so it may never be possible.

http://www.caasf.org/2013/05/what-you-need-to-know-about-the-senate-immigration-reform-bill/

As it currently stands, it would take 12 years from when she's eligible to file for them (so, like, 15 total).

Edited July 16, 2013 by lost_at_sea

[aleful 1,905]

Ok, thanks, that's the number I was looking for.

This all seems premature to me. She is only here two weeks and already she is getting pressure from her siblings to get them Visa's. I just want to give them a number so they stop bugging us for a while.

Seriously?

sorry for your fiancé, but she is your main concern, there is a possibility that she may never be able to petition them if the category is eliminated in the future.

tell them what aaron stated, more than 3 years, 4 to 5 just in case.