Requirements for Form I-130 (merged)

[Elaina25 0]

My mother got here in USA last year Dec 2017. I just want to ask if it is possible for my mom (a green card holder) to petition my minor sister (aged17 turning 18 this year 2018) even though she doesn’t have a job? Thank you. 

Edited July 12, 2018 by Penguin_ie

[JFH 12,191]

Assuming your mother is also the mother of your sister then she can petition her. It will take around 2 years for the whole process. 

 

If she doesn't have sufficient income and/or assets to meet the affidavit of support requirements, she will need to find a joint sponsor. That can be any USC or LPR over 18 years of age, living in the USA, who does have sufficient income and/or assets. 

[geowrian 22,338]

Note that she should file sooner rather than later. An 18 year old being petitioned should still be under 21 by the time the PD becomes current (~2 years currently), but once they turn 19 or 20, the risk of aging out while waiting increases (making the wait change to 7-10 years instead).

[Elaina25 0]

So meaning, my sister has to be here in US before she turns 21?

[geowrian 22,338]

I believe as a primary beneficiary, she only has to be under 21 when her Priority Date (PD) becomes current, and she must "seek to acquire" permanent residency within 1 year of this. This is part of CSPA: https://www.uscis.gov/greencard/child-status-protection-act

1. Your mother submits the I-130 for her. This will establish her PD.
2. I-130 petition is approved. This will likely take over a year, but the exact date doesn't really matter since her PD must be current before they will do anything after approval.
3. The approved petition is sent to NVC for processing. This is where it waits for the PD to become current. As noted before, it's currently taking ~2 years (from initial filing) for the PD to become current.
   1. There's a "Dates for Filing" chart as well, where you can submit more documents to NVC before the PD is current, but doesn't really speed up the process...it's just sending them a bit sooner.
   2. She must be under 21 before the PD becomes current. CSPA can push back her age for as long as the I-130 was pending but not yet approved.
4. The PD becomes current and you proceed with the next steps at NVC (http://www.visajourney.com/wiki/index.php/NVC_Process).
5. Once the case is complete (CC) at NVC, you wait in line for an interview to be scheduled at the embassy. Gather the necessary documents for the interview, which vary from embassy to embassy. A medical will be required. Presumably your mother has been through it already so she'll have an idea of what to expect and can relay that information.
6. Interview at embassy. Hopefully approved on the spot.
7. Visa is issued. The validity date on the visa is at most 6 months, but is constrained by the validity of the medical. She must enter before the visa expires.

[Elaina25 0]

Thank you for all the information. It will help us a lot. But my main question is, can my mother file a petition for my sister even though she doesn't have a job? and  does my mother have to live here in USA for 3-5 years before petitioning my minor sister?  Thank you!

[aleful 1,905]

Spoiler

 

 

she doesn't have to wait, she could have filed for her as soon as she got here. she can file now, the sooner the better, since it takes 2 years

 

 

Edited April 19, 2018 by aleful

[Elaina25 0]

Edited April 20, 2018 by Elaina25

[Elaina25 0]

Can we still file the form I-130 now for my minor sibling even though my mother doesn't have her green card yet? Unfortunately, her green card is still in process and we are expecting it this coming June. Thanks!

[geowrian 22,338]

2 minutes ago, Elaina25 said:

Can we still file the form I-130 now for my minor sibling even though my mother doesn't have her green card yet? Unfortunately, her green card is still in process and we are expecting it this coming June. Thanks!

She can file an I-130 at any point after entering the US on an immigrant visa. The endorsed immigrant visa acts as a green card for 1 year. You can provide a copy of that with the I-130 instead of the physical green card.

 

23 hours ago, Elaina25 said:

But my main question is, can my mother file a petition for my sister even though she doesn't have a job?

Yes. The I-864 will come into play at NVC, not when initially filing the I-130.

She will either need to have sufficient income/assets to support your sibling, or have an eligible household member join her income/assets (via an I-864A), or she will need a joint sponsor.

[CEE53147 559]

On 3/24/2018 at 6:54 PM, Elaina25 said:

My mother got here in USA last year Dec 2017. I just want to ask if it is possible for my mom (a green card holder) to petition my minor sister (aged17 turning 18 this year 2018) even though she doesn’t have a job? Thank you. 

She needs to get one if she is under the age of 66.

[CEE53147 559]

Mother should be able to fund immigration for child and not depend on another child risking their future financial situation.  If mother is not working,  the other child - and likely the taxpayers - is already supporting her.

 

If mother has no work or language skills, US based child should spend the money on making mother employable.

 

 

[Elaina25 0]

Hi Everyone! I am a first timer petitioner and I am filing a petition for my daughter (17yrs old) turning 18 this coming October 2018 from the Philippines. I just wanted to know  "What are the requirements for submitting a Form I-130 to a minor/ child under 18? Please give me a list. Thank you so much!

 

[Elaina25 0]

Hi Everyone! I am a first timer petitioner ( GREEN CARD HOLDER)  and I am filing a petition for my daughter (17yrs old) turning 18 this coming October 2018 from the Philippines. I just wanted to know  "What are the requirements/documents needed for submitting a Form I-130 to a minor/ child under 18? Please give me a list. Thank you so much!

 

Edited July 12, 2018 by Elaina25

[Roel 7,193]

Are you USC or green card holder?