time frame in parents applying for minor children and

[muskan4eva 0]

Hi

My husband is US citizen and getting ready to apply for both of his parents.He also has a 10 year old sister. We are thinking of getting both of the parents here and then they can apply for their minor child. The other option we are considering is applying for one parent who can then later apply (under LPR) for their spouse and the minor child.

which option is better and how much time will it take if a parent applies for their minor child under 21???

Any suggestions?

[osmosesnew 17]

The second option is better

[muskan4eva 0]

is petitioning minor child under spouse visa(LPR) faster then applying for just the minor child alone ??? confused

[Ian H. 207]

Hi, how you worded it is best.

If his parents don't have anyone to take care of his sister for the next 2 to 3 years then he will have to do it this way. I will use his dad as an example, but it can be either or, it makes no difference.

He can petition for his dad and he will enter as IR5. Then, as soon as his dad enters the country and his passport is stamped he can immediately submit the I-130 for his wife and daughter with USCIS.

He DOES NOT have to wait for the physical GC in the mail or begin working, or have an SSN, or anything else in order to petition them. He simply has to enter the country and be admitted. Your husband should have the paperwork ready so that the petition can be submitted the same or next day his dad enters, this will save time.

Since family of LPR's are allowed to bring derivates, he only files one petition for his wife and daughter. It takes the same exact amount of time to petition a spouse as it does for a minor child, but they can come under one petition.

This is the best and fastest way to bring his sister because petitioning her as a sibling wouldn't be practical. The other option would be to bring both parents and then one of them can petition his sister, but that's only if they have someone to leave his sister with for those approximate 3 years it would take.

This timeframe includes the USCIS process, the NVC process, and the priority dates to become current. If the PD's move up, this waiting time can be reduced. Hope this helps.

[milimelo 4,481]

Go with the second option.

If an LPR files for a minor child it's around 3 years until they immigrate.

Having one parent petitioned by USC and then that parent petitioning their spouse and minor child ensures the child is not left behind and can immigrate at the time the LPR spouse does.

Edited August 11, 2014 by milimelo

[muskan4eva 0]

what my confusion is that why would the processing time until interview would be longer if a child is petionted with the parent versus child petitioned alone?

i know that they have decreased the processing time for the spouse visa for LPR but not sure about the processing times for minor children (if filed seperately). I would like to know what the wait time is total in both cases up until interview.

[osmosesnew 17]

what my confusion is that why would the processing time until interview would be longer if a child is petionted with the parent versus child petitioned alone?

i know that they have decreased the processing time for the spouse visa for LPR but not sure about the processing times for minor children (if filed seperately). I would like to know what the wait time is total in both cases up until interview.

. If your husband petition his sister, she falls under a category (F4) that takes about 13years or more to immigrate. But if the mother petition her daughter after receiving green card it might take 3years.

THE DIFFERENCE IS HUGE.

[Ian H. 207]

It takes the same exact amount of time to petition a minor child as it would a spouse. The problem is that you aren't petitioning her as your minor child or your spouse, you are petitioning her as your sibling, the wait times for siblings are much longer and it has nothing to do with age or even marital status. That is why it's best to petition for one of your parents and then have that parent petition her as their daughter. It is an unfair policy, but the way that the INA is set up is, that family of immediate relatives cannot bring derivative beneficiaries.

[muskan4eva 0]

It takes the same exact amount of time to petition a minor child as it would a spouse. The problem is that you aren't petitioning her as your minor child or your spouse, you are petitioning her as your sibling, the wait times for siblings are much longer and it has nothing to do with age or even marital status. That is why it's best to petition for one of your parents and then have that parent petition her as their daughter. It is an unfair policy, but the way that the INA is set up is, that family of immediate relatives cannot bring derivative beneficiaries.

hasn't the processing time to petition a spouse under LPR decreased to 5 months instead of 3 years???

[osmosesnew 17]

hasn't the processing time to petition a spouse under LPR decreased to 5 months instead of 3 years???

It has not. Some people still waiting since 2013. I av been waiting 8 months already with no visa in sight for my spouse.

[Phillip Kazuto 28]

hasn't the processing time to petition a spouse under LPR decreased to 5 months instead of 3 years???

Have been waiting for approx. 1 year 2 months since my father petitioned me

High hope for Oct where new VB come out

[Ian H. 207]

The PD's were current for a while last year, but they have since retrogressed. Also keep in mind that the petition itself may take 5 months in some cases, but there is still the wait time for the visas to be available when the PD's become current.