Sibling Petitions help

[EliofAstora 1]

Hi there, I have a question about sibling petitions (F4)

Below are details for reference:

 

• The petitioner (my brother) is a U.S. Citizen (Naturalization through Military Service) over age of 21
• I am to be petitioned (Age 20)
• My mother is also to be petitioned
• I have been into the United States back in 2009 with K-2 Visa (Dependent to my father)

 

My brother told me that he is able to petition me but it has to be issued and completed before I turn 21 (Aug 2018). I am happy to know this but then I am
also worried that F4 sibling petitions has a long waiting period when the visa application is accepted. Is there any other way for me to get to the United States
without waiting such long periods? Given that I have been in the United States, was a green card holder (surrendered)...
 

 

 

[aleful 1,905]

nope

 

is your dad a USC for him to file again before you turn 21? that would be the only way for you to come soon or if your dad married your stepmom before you were 18, she can file for you again?

 

your brother is wrong, sibling petitions take a long time, no matter the age. there is only one category for siblings so it doesn't matter if they are under 21, over 21, married or single, all have the same waiting time, so it doesn't matter at what age he files for you, there is no way you can come soon with a siblings petition

 

depending on your country of origin, it can take from 13 to 14 years to up to over 20 years

 

the age only matters when it is a USC parent filing for a child under 21, but siblings don't matter the age

 

if your dad can't it will take less for your mom to petition you as long as you are unmarried, but it depends on your country of origin as well

 

you shouldn't have abandoned your GC, having had a GC doesn't make it go any faster, you start from scratch again, you just put your Green card number and social security number on the forms, you will get the same number as it is for life. but the waiting time is the same

 

 

Edited December 18, 2017 by aleful

[EliofAstora 1]

1 minute ago, aleful said:

nope

 

your brother is wrong, sibling petitions take a long time, no matter the age. there is only one category for siblings so it doesn't matter if they are under 21, over 21, married or single, all have the same waiting time

 

depending on your country of origin, it can take from 13 to 14 years to up to over 20 years

 

the age only matters when it is a USC parent filing for a child under 21, but siblings don't matter the age

 

you must return to your country and wait. he can file the i130 and then forget about the petition, live your life

 

it will take less for your mom to petition you as long as you are unmarried, but it depends on your country of origin as well

 

you shouldn't have abandoned your GC, having has a GC doesn't make it go any faster, you start from scratch again, you just put your Green card number and social security number on the forms, you will get the same number as it is for life. but the waiting time is the same

 

is your dad a USC for him to file again before you turn 21? that would be the only way for you to come soon or if your dad married your stepmom before you were 18, she can file for you again

Yes my dad married my stepmom before I turned 18. Could you please elaborate what visa type this applies to? I want to head to a deeper research.

I appreciate your answer!

[aleful 1,905]

a IR1, children or stepchildren of a USC under 21

 

you would be an immediate relative and the petition will take around a year. it doesn't matter if you turned 21, since the age freezes because you were petitioned by a US Citizen as a minor, as a child under 21, so the waiting time wouldn't change

 

your stepmom should refile for you as soon as possible, this time with an i130 as you as her stepson

 

they still are married, right? after all these years?

 

 

Edited December 18, 2017 by aleful

[EliofAstora 1]

10 minutes ago, aleful said:

a IR1, children or stepchildren of a USC under 21

 

you would be an immediate relative and the petition will take around a year. it doesn't matter if you turned 21, since the age freezes because you were petitioned by a US Citizen as a minor, as a child under 21, so the waiting time wouldn't change

 

your stepmom should refile for you as soon as possible, this time with an i130 as you as her stepson

 

they still are married, right? after all these years?

 

 

Yes they are, although at the same time I am worrying that the immigration would be suspicious of this according to his prolonged leave. They don't have a good relation as well. Will this affect her petition when she do file me one?

[aleful 1,905]

yes

 

it does affect you, if they divorce, the petition isn't valid anymore since she won't be your stepmom

 

did your dad file for citizenship? is he a US Citizen?

[EliofAstora 1]

Just now, aleful said:

yes

 

it does affect you, if they divorce, the petition isn't valid anymore since she won't be your stepmom

 

did your dad file for citizenship? is he a US Citizen?

No he hasn't filed for citizenship nor a U.S. Citizen. I guess I may as well just expect for the worst. 
Thank you for your time though...

[geowrian 22,338]

1 hour ago, aleful said:

a IR1, children or stepchildren of a USC under 21

IR-2*

 

1 hour ago, aleful said:

it does affect you, if they divorce, the petition isn't valid anymore since she won't be your stepmom

Possibly. Technically, so long as the stepchild relationship was established before age 18, that relationship still exists for immigration benefits so long as it can be shown that the relationship between the petitioner and beneficiary has been actually maintained as well (i.e. you can't petition somebody whom you haven't spoken to in years).

 

See 9 FAM 102.8-2(b) (https://fam.state.gov/fam/09FAM/09FAM010208.html)

"b. Stepparent/Stepchild Relationships After Termination of Marriage: 

(1)  A stepchild who has met the requirements to qualify as a “child” of the stepparent under INA 101(b)(1)(B) may continue to be entitled to immigration benefits from such marriage, even though the relationship between the natural parent and the stepparent has been terminated by divorce or by the death of the natural parent, provided the marriage was a valid marriage and the family relationship continues to exist as a matter of fact between the stepparent and stepchild.

(2)  The fact that the stepparent petitioner is willing to provide the required Form I-864, Affidavit of Support Under Section 213A of the Act is not by itself sufficient evidence that the family relationship continues to exist between the stepparent and the stepchild.  There must be evidence of some form of contact (e.g., letters, electronic mail, telephone calls, etc.), though it is not necessary that the stepparent and stepchild have met in person."

[ConOfficer 167]

15 hours ago, aleful said:

yes

 

it does affect you, if they divorce, the petition isn't valid anymore since she won't be your stepmom

 

did your dad file for citizenship? is he a US Citizen?

Stepmom can still petition for him even if they divorce. Need to show an "ongoing relationship" or something to that effect. 

 

Obviously stepmom still needs to be willing to do it. 

[Boiler 46,125]

1 hour ago, ConOfficer said:

Stepmom can still petition for him even if they divorce. Need to show an "ongoing relationship" or something to that effect. 

 

Obviously stepmom still needs to be willing to do it. 

Which may be asking a lot.