Family Planning (& immigration)-Parent, sibling(child), grandchild

[heo luoi 206]

I know my situation isn't necessarily particularly unique to past / current members. But instead of splicing thru all the guides / posts I thought perhaps more simple to clearly post my scenario to better plan and have the proper foresight moving forward.  Appreciate all the insights/input after a little reprieve from VJ awaiting RoC time.

Situation/Scenario:

1. My wife came to the US on a K1 Visa.  We've completed K1, AP, EAD, AOS. Awaiting RoC when time is due.
2. We recently welcomed our firstborn all in the past 16mos.
3. The plan is to as promptly as possible pursue Naturalization and finish all this paperwork/fees for good.
4. I think wife is pursuing petitioning her parents over when available
   1. I know you file the I130, but what VISA category is it, K# or F#?
5. My wife has sibling, a sister whom is currently unmarried and in fact has never been married. She had a child w/ a boyfriend but he abruptly died shortly after his birth before they managed to get married.  Regardless she seems clearly unmarried (I originally had a question whether 'unmarried' meant "currently unmarried" or "currently and NEVER married")

 

1. I understand as a LPR my wife can not petition Parents until a (naturalized citizen, was trying to find the timeline for this particular visa on the site timelines?) and any subsequent children can't be petitioned along w/ parents until after they come and truly get their GCs and LPR status. At which time, her parents as bonafide LPRs could then petition 'their' daughter (my wifes sister) as an immediate family class visa.  
   1. At that point could my wifes nephew be included in that petition? Shes unmarried and about 30 yrs old and hes about 5 yrs old (which visa class is this?)

 

1. Additional follow ups:
   1. I dont have consternation itself in petitioning her family....but I really dont think we (I) can support of all us, from a time/money/education/energy perspective)
      1. If my wife petitions (shes a homemaker only at this point), will I (we) be fiscally responsible for any future petitioning parties?
      2. My wifes aunt, (her moms sister) lives in the US (another state) and is willing and more able to support them with boarding, education, work...etc.  They have a far better community and support system there vs the two of us here.
      3. We may need help if we decide to grow our own young family and have a sibling for our son but otherwise, Is that ok if my inlaws petition through my wife but dont stay w/ us (or even our state) nor we financially support them on a day/day basis? 

 

Sorry for the somewhat broad blast but thats why it was kinda hard to search for it all piecemeal. Again appreciate the help friends.

Much love, 

Heo Luoi

[heo luoi 206]

ADDENDUM: Her parents are approximately late 50s.  So not sure how things like health insurance for them would come to play as I'm not sure about Medicare and stuff for them?

[NigeriaorBust 4,087]

   They won't get Medicare for free unless one of the parents manage to work for 40 quarters before they turn 65,  if they work not at all or only a little  , 5 years after they become LPRs they can pay 413 a month for Medicare ( each)  Otherwise your affidavit of support kicks in and you pay for them ( you don't think they come here for taxpayers to pay for them )   if Trump has his way there will be no LPR status for parents and adult children and siblings would lose any path to the US , so you are hoping those classes exist when your wife gets her citizenship in a couple years.  The sister will take at least 10 years from now if any path remains for her. 

[tyler22 4]

Hello Heo lười,

please summary your question.

[Unlockable 7,314]

Is the end goal to get your wife's sister here?

 

Regardless, you are right on a few things.

 

Yes, it will take some time before everyone has migrated here. 

Yes, your wife needs to be a US citizen before filing for parents.

Yes, after you parents obtain permanent resident status they can apply for their other daughter (your wife's sister).

However, we are talking many years before this happens. Depending on how smooth your cases go it could be about 10 - 15 years or more before your sister in law is here. There even may be a risk that her son MAY age out.

 

Other things to consider:

Your in-law parents health insurance coverage. It will likely NOT be cheap. This is one of the most overlook things new immigrates do when they petition parents.

Because you and your wife will be signing affidavits of support you are telling the government you will take care of them. This is to assure the government that you won't bring them here and put them on government benefits because they never paid into it.

If you really think you can't afford to support all of her family then you should really take some time and think about what you are getting into. From what you posted, this will be a huge financial burden on you. And we have seen US citizens come on VJ and vent with frustration over the same situation. We have seen marriages deteriorate because of the financial pressure of the US citizen. However, by the time you two are ready to petition her family you may very well be in a much better financial situation. Just something to think about and prepare for now.

 

 

[heo luoi 206]

6 hours ago, NigeriaorBust said:

   They won't get Medicare for free unless one of the parents manage to work for 40 quarters before they turn 65,  if they work not at all or only a little  , 5 years after they become LPRs they can pay 413 a month for Medicare ( each)  Otherwise your affidavit of support kicks in and you pay for them ( you don't think they come here for taxpayers to pay for them )   if Trump has his way there will be no LPR status for parents and adult children and siblings would lose any path to the US , so you are hoping those classes exist when your wife gets her citizenship in a couple years.  The sister will take at least 10 years from now if any path remains for her. 

 

43 minutes ago, NuestraUnion said:

Is the end goal to get your wife's sister here?

 

Regardless, you are right on a few things.

 

Yes, it will take some time before everyone has migrated here. 

Yes, your wife needs to be a US citizen before filing for parents.

Yes, after you parents obtain permanent resident status they can apply for their other daughter (your wife's sister).

However, we are talking many years before this happens. Depending on how smooth your cases go it could be about 10 - 15 years or more before your sister in law is here. There even may be a risk that her son MAY age out.

 

Other things to consider:

Your in-law parents health insurance coverage. It will likely NOT be cheap. This is one of the most overlook things new immigrates do when they petition parents.

Because you and your wife will be signing affidavits of support you are telling the government you will take care of them. This is to assure the government that you won't bring them here and put them on government benefits because they never paid into it.

If you really think you can't afford to support all of her family then you should really take some time and think about what you are getting into. From what you posted, this will be a huge financial burden on you. And we have seen US citizens come on VJ and vent with frustration over the same situation. We have seen marriages deteriorate because of the financial pressure of the US citizen. However, by the time you two are ready to petition her family you may very well be in a much better financial situation. Just something to think about and prepare for now.

 

 

Thanks Nuestra. this is more what I was getting at. I'm not obtuse and thought any of this going to be necessarily quick/easy. I don't know if any 'ultimate goal'. She misses her fam for sure, and obviously.  Theres a very mixed perspective on elderly and the way of life and health mgmt here vs abroad.  I mean I Could probably support everyone just it would be very taxing and not just in a government contribution sort of way.  Also if others here to support my kid(s), perhaps my wife could go to work but her income stream is likely limited as well as them.

What exactly does the affidavit of support 'kick in' mean.  Just that they couldn't get govt support monies? Could my wifes aunt file the affidavit instead of us or in combination? they eventually could hopefully work and stuff and sure right away going to need some support. My parents are getting up there too. I just dont have the time to teach everyone english, to drive...etc Thats why if her aunt could be the actual support but my wife petitions that'd be ok.

Nigeria, ya the  Trump initiatives are a concern but drumming it up and fretting about it wont help so have to just prepare for what is certain. I know medicare or other healthcare wouldnt be free just trying to get clearer picture of costs...etc. and No I do NOT expect other taxpayers to pay