married siblings or above 22 years

[kashif01 2]

Hi,

 

plz, suggest if married siblings or 22 above can be brought to USA. if siblings or parents apply for their siblings or kids in this criteria can they come to usa. if the papers are already applied or need to be applied what happens to the case

 

thanks

[dwheels76 5,468]

32 minutes ago, kashif01 said:

Hi,

 

plz, suggest if married siblings or 22 above can be brought to USA. if siblings or parents apply for their siblings or kids in this criteria can they come to usa. if the papers are already applied or need to be applied what happens to the case

 

thanks

Yes a parent can petition their married children over 21 as a green card holder or Citizen. (about 13 years)
Siblings must be US Citizens to petition. (about 14 years)

Edited January 10, 2019 by dwheels76

[aaron2020 11,651]

A US citizen can file for a sibling.  It doesn't matter if the sibling is married or single.  The wait is 13-24 years depending on the country.

 

A US citizen can file a married child.  The wait is 13-23 years depending on the country.

 

A green card holder can not file for a sibling or a married child.  Only US citizens can file for siblings and married children.

[kashif01 2]

12 minutes ago, dwheels76 said:

Yes a parent can petition their married children over 21 as a green card holder or Citizen. (about 13 years)
Siblings must be US Citizens to petition. (about 14 years)

but recently i heard that even if the case is already posted for the siblings and they get married the case gets denied

 

[aaron2020 11,651]

1 minute ago, kashif01 said:

but recently i heard that even if the case is already posted for the siblings and they get married the case gets denied

 

If the petitioner is an LPR parent, then the beneficiary getting marry voids the case.  An LPR can never have a file for a married child.

 

If the petitioner is a USC parent, then the beneficiary getting marry moves the case from the F1 category to the F3 category.

 

If the petitioner is a USC sibling, then the beneficiary getting marry means the spouse gets included in the case.

 

What is it that you want to do?  Instead of asking general questions, do you have any specific questions about bringing your married siblings?  Are you a US citizen?  Do you have a USC parent?

[dwheels76 5,468]

3 minutes ago, kashif01 said:

but recently i heard that even if the case is already posted for the siblings and they get married the case gets denied

 

If someone filed for them while single and they get married the category changes. Not denied. So parents filing for adult children they marry during the process the time has just went up for processing and waiting for PD to be current.
Siblings doesn't matter same category.

[Cyberfx1024 7,980]

24 minutes ago, kashif01 said:

but recently i heard that even if the case is already posted for the siblings and they get married the case gets denied

 

Where did you hear this?

[kashif01 2]

actually my father-in-law applied as a green card holder in 2014 for his kids who were not married at the time. however, they did get married in 205 and 2016 so father-inlaws friend told him that the case will be cancelled or denied in this case. My own husband applied for 2 of his sisters who were both married. My husband is a USA citizen since 2010. This is why i came here on the forum to know what happens in both the scenarios.

[aaron2020 11,651]

20 minutes ago, kashif01 said:

actually my father-in-law applied as a green card holder in 2014 for his kids who were not married at the time. however, they did get married in 205 and 2016 so father-inlaws friend told him that the case will be cancelled or denied in this case. My own husband applied for 2 of his sisters who were both married. My husband is a USA citizen since 2010. This is why i came here on the forum to know what happens in both the scenarios.

Did your father-in-law become a US citizen before his kids got married?

 

If he was a USC when his kids got married, then the cases are still good and moved to the F3 category.

 

If your father-in-law was a green card holder when his kids got married, then the cases are void since a green card holder can NEVER have a case for a married child.  Once the US Government finds out they are married, the cases will be denied. 

 

Your USC husband filings for his sisters are fine.  Marriage means their spouses becomes eligible derivative beneficiaries.  

Edited January 10, 2019 by aaron2020

[kashif01 2]

he still is a green card holder and he had applied in 2014 for them. How about the child who is not married but above 22. 

[aaron2020 11,651]

1 minute ago, kashif01 said:

he still is a green card holder and he had applied in 2014 for them. How about the child who is not married but above 22. 

That petition is fine.

The petitions for the married kids automatically became void when they got married.  

What country?

[kashif01 2]

it is pakistan

[aaron2020 11,651]

3 minutes ago, kashif01 said:

it is pakistan

In about 2 years, the NVC will bill your father-in-law to continue the petitions that he filed.  The child that is still single will be eligible to apply for a visa.  DO NOT PAY FOR THE MARRIED CHILDREN SINCE THOSE CASES WILL BE DENIED.  

[kashif01 2]

In this case once Father-in-law becomes a USC he can re-apply for the married kids as a new case and informs USCIS of the older cases??

[aaron2020 11,651]

22 minutes ago, kashif01 said:

In this case once Father-in-law becomes a USC he can re-apply for the married kids as a new case and informs USCIS of the older cases??

He should withdraw the cases now.  The kids will never get any benefits, so just withdraw the cases.

Refile when he becomes a US citizen.  Once he refiles, they will get new Priority Dates and have to wait another 13-14 years for visas.