TImeline for Parents and Sister for US Citiizen

[vartanarsen2 2]

Hi Folks..so my wife became a citizen in April, and now we want to file for her parents and sister.

From the USCIS Timelines page, I gather that the time for a parental I130 is about 10 months, and for a sister, is about 2.5 years.

Here is my question:

Once the petitions are approved, how much more waiting is there on their side? And once their immigrant visa is granted, how long do they have there to gather their belongings and move, or do they have to rush?

The country in question is Lebanon.

I do apologize if its a silly question, but was hoping for some direction from other members, thanks.

[aaron2020 11,651]

Hi Folks..so my wife became a citizen in April, and now we want to file for her parents and sister.

From the USCIS Timelines page, I gather that the time for a parental I130 is about 10 months, and for a sister, is about 2.5 years.

Here is my question:

Once the petitions are approved, how much more waiting is there on their side? And once their immigrant visa is granted, how long do they have there to gather their belongings and move, or do they have to rush?

The country in question is Lebanon.

I do apologize if its a silly question, but was hoping for some direction from other members, thanks.

Approval of the I-130 is only the first step. The beneficiary must also have an available visa number in order to get an immigration visa.

When a USC petitions for a parent, it's an Immediate Relative case. There are no visa limits for Immediate Relatives. The case would take about 6-12 months from start to getting an immigrant visa.

When a USC petitions for a sibling, it is an F4 family preference case. Visas are limited. The current wait is about 12 years. So, it would take 12 years for her sister to immigrate to the US and not 2.5 years.

An immigration visa is valid for up to six months or when the medical exam expires whichever is first. There is no need to rush. They will have several months to prepare.

[vartanarsen2 2]

Thanks Aaron!!! bummer about her sister

[aaron2020 11,651]

How old is the sister? Is she married?

[vartanarsen2 2]

Also Aaron, would thy file for a 485 Green Card there or once they are here?

Oh she's 19, not married...

[vartanarsen2 2]

Aaron, I was thinking, would it be faster for her dad to become a citizen in 5 years and file for his child (the sister), better then 12 years?

[aleful 1,905]

parents will come with visa in hand, they will receive the GC by mail, no other processing

they can file for her as LPR, they don't have to wait until they become citizens, as long as she remains unmarried

[vartanarsen2 2]

parents will come with visa in hand, they will receive the GC by mail, no other processing

they can file for her as LPR, they don't have to wait until they become citizens, as long as she remains unmarried

Oh thanks Aleful!!! Do you how long that would take? Her dad filing for her as a lpr?

[aleful 1,905]

if the priority date is still current by then, then it only might take over a year

but the problem for her is turning 21. if she turns 21, then the wait is around 8 years

[aaron2020 11,651]

An LPR parent can file a separate petition for the daughter. However, it will take a year for the parents to get here. By then she will be 20 and close to aging out.

If the PD for the F2a is generous, then it would be a year or two for her to get a visa.

If she ages out by turning 21 according to the CSPA calculations, then she has to wait 8 years.

It's perfectly okay for her parent and her sister to petition for her at the same time. File for both. Whichever one is the fastest is the way to go.

For her to have a chance in the F2a category, your wife may want to make sure things go as quickly as possible by having all the paperwork ready to go when it's requested for both her parents' cases and when they file for their daughter. Every day that your wife wait to file for her parents is one day of less CSPA protection for her sister when her parents file. To maximize CSPA protection, the parents need to get over here fast and file.

Edited August 25, 2013 by aaron2020

[vartanarsen2 2]

guys, thanks so much..apparantly i was wrong about the sister's age..she's actually already 23.... so I think we are out of luck..i guess our options are:

1. My wife files for her sister and it takes about 12 years.

2. Her mom and dad file for her when they arrive in a year. Then about 8 years for their daughter/my wife's sister.

3. Her mom and dad file for her when they become citizens in 5 years..then still about 8 after that too cause she's 23 and not an immediate relative i guess..

Worst option is this #3 and best is #2 it seems to me...

Thanks for all your help guys,...I am happy about her mom and dad coming though..happy that should take only a year or so.

[Darnell 8,478]

Maybe your wife can introduce a nice American Citizen to the sister ? In that old-fashioned 'arranged marriage' sort o thing?

[aaron2020 11,651]

guys, thanks so much..apparantly i was wrong about the sister's age..she's actually already 23.... so I think we are out of luck..i guess our options are:

1. My wife files for her sister and it takes about 12 years.

2. Her mom and dad file for her when they arrive in a year. Then about 8 years for their daughter/my wife's sister.

3. Her mom and dad file for her when they become citizens in 5 years..then still about 8 after that too cause she's 23 and not an immediate relative i guess..

Worst option is this #3 and best is #2 it seems to me...

Thanks for all your help guys,...I am happy about her mom and dad coming though..happy that should take only a year or so.

Best option is 1 and 2 because if one petition fails, there is a backup.

A beneficiary can have multiple petitions.

If you go only with 2, here are the potential problems that could be avoided by doing both 1 and 2;

1. If the petitioner parent dies before the I-130 is approved, then the case is over. A new petition by the surviving parent or sister would set her back to the end of the line.

2. If the petitioner parent dies after the I-130 is approved and before the visa is issued, then the case is over. The other parent or your sister would need to file a hardship petition for a substitute petitioner which is granted at the Secretary's discretion. If its not granted, then the case truly ends.

3. If the sister gets marry while the petitioner parent is an LPR, then the petition ends. A petition by a US citizen parent or sister pits her in the back of the line.

All of these pitfalls can be mitigated by having your wife and a parent file two separate petitions.

Best option is 1 and 2 because if one petition fails, there is a backup.

A beneficiary can have multiple petitions.

If you go only with 2, here are the potential problems that could be avoided by doing both 1 and 2;

1. If the petitioner parent dies before the I-130 is approved, then the case is over. A new petition by the surviving parent or sister would set her back to the end of the line.

2. If the petitioner parent dies after the I-130 is approved and before the visa is issued, then the case is over unless a substitute petitioner is allowed. The other parent or your sister would need to file a hardship petition for a substitute petitioner which is granted at the Secretary's discretion. If its not granted, then the case truly ends.

3. If the sister gets marry while the petitioner parent is an LPR, then the petition ends. A petition by a US citizen parent or sister pits her in the back of the line.

All of these pitfalls can be mitigated by having your wife and a parent file two separate petitions.

[vartanarsen2 2]

Thanks Aaron!! Duly noted!!)