US Citizen Mother

[hussanpk 0]

I have applied form i-130 for my Brother and sister in March 2012. their current category is f4 and it's over 6 years since I have applied for them. Today July 2018 my mother became US Citizen, my question is if she files another i-130 petition for them, will they be able to get to the US any quicker?  The origin country id Pakistan and both my brother and sister are married over 18.  Thank you for the suggestions in advance.

[GreatDane 366]

3 minutes ago, hussanpk said:

I have applied form i-130 for my Brother and sister in March 2012. their current category is f4 and it's over 6 years since I have applied for them. Today July 2018 my mother became US Citizen, my question is if she files another i-130 petition for them, will they be able to get to the US any quicker?  The origin country id Pakistan and both my brother and sister are married over 18.  Thank you for the suggestions in advance.

No, it won't help given current wait times. If they had been unmarried, possibly, but who knows? Currently, it's taking eight years for a visa from a USC. From a PR, it's taking nine. Since you applied in 2012, your application will be current first. It's probably another 3 years until their petition is addressed.

[geowrian 22,338]

Assuming they are 21 or older and married, they would fall into the F3 category. This currently has a wait of about 12 years or so.

 

I disagree that it won't help. It may help, depending on several factors that can only be guesstimated at this time. The PD for F4 keeps getting longer to become current, so a new F3 petition could actually become current first. The entire F4 category could be eliminated in the future (so could F3). The OP could pass away (I hope not but it's a consideration). Having a pending F3 petition as a backup isn't a bad idea if the $535/each filing fee isn't a concern, IMO. The OP's siblings can use whatever I-130 becomes current first.

 

I agree that the the existing petition will probably become current first, though. I wouldn't file one form the mother expecting it to be faster...it's mostly a fallback option.

[SusieQQQ 11,587]

I agree with geowrian, it’s possible that a F3 filed now will become current before an F4 filed 6 years ago. I don’t think it’s likely, but if a few hundred $$ extra isn’t a problem then I’d agree filing F3 as a backup is a plan.

[Boiler 46,176]

Good insurance.

[hussanpk 0]

Thank you for the reply, IS it going to be just a new i-130 from the mother in case we decide to apply? or do we mention about the previous petition filed by me along with the new i-130?

2 hours ago, geowrian said:

Assuming they are 21 or older and married, they would fall into the F3 category. This currently has a wait of about 12 years or so.

 

I disagree that it won't help. It may help, depending on several factors that can only be guesstimated at this time. The PD for F4 keeps getting longer to become current, so a new F3 petition could actually become current first. The entire F4 category could be eliminated in the future (so could F3). The OP could pass away (I hope not but it's a consideration). Having a pending F3 petition as a backup isn't a bad idea if the $535/each filing fee isn't a concern, IMO. The OP's siblings can use whatever I-130 becomes current first.

 

I agree that the the existing petition will probably become current first, though. I wouldn't file one form the mother expecting it to be faster...it's mostly a fallback option.

Thank you for the reply, IS it going to be just a new i-130 from the mother in case we decide to apply? or do we mention about the previous petition filed by me along with the new i-130?

[geowrian 22,338]

Just now, hussanpk said:

Thank you for the reply, IS it going to be just a new i-130 from the mother in case we decide to apply? or do we mention about the previous petition filed by me along with the new i-130?

New one. It's completely separate from the existing I-130.

There is a question on the I-130 about if somebody has ever filed for the beneficiary before, in which case she would mark yes.