Petitioning for Sibling and Parents

[frida_e 14]

Hello all,

 

My husband just became a US citizen. He migrated over with a K1 fiancé visa and has been here for four years. Luckily, the process has been quick for him.

 

We want a better life for his immediate family too. His brother is not yet 21. So we plan on petitioning for him ASAP. Both the brother, mother, and step father all have tourist visas that are valid for the next few years. Should we petition for all of them at the same time? Will it make a difference that the father is actually a step father but he’s raised my husband. In Mexico you can’t “adopt” your after a certain age if you’re the step parent. 

 

Anyway, should we apply for all three of them at the same time or possibly wait for my mother in law’s residency to eventually be approved and apply for her spouse then? Luckily, they all live in tijuana and we live in San Diego. So visiting isn’t an issue.

 

thank you all!

[aleful 1,905]

hi

 

sorry, but age doesn't matter, for Mexicans, the wait is over 22 years

 

he can only file for stepfather if the marriage occurred before he turned 18. if not, he can file for his mom, and then when his mom comes she can file for her husband

 

unfortunately for the sibling, it will always be over 20 years of waiting

 

 

[geowrian 22,338]

20 minutes ago, frida_e said:

My husband just became a US citizen. He migrated over with a K1 fiancé visa and has been here for four years. Luckily, the process has been quick for him.

Congrats.

 

20 minutes ago, frida_e said:

We want a better life for his immediate family too. His brother is not yet 21. So we plan on petitioning for him ASAP. Both the brother, mother, and step father all have tourist visas that are valid for the next few years. Should we petition for all of them at the same time? Will it make a difference that the father is actually a step father but he’s raised my husband. In Mexico you can’t “adopt” your after a certain age if you’re the step parent. 

Not to down on one's parade, but the US isn't always "a better life", especially if somebody has their roots, family, friends, etc. abroad. Often the reason somebody comes to the US is only due to their love with their SO, otherwise they would be living abroad as well. I get the situation in parts of Mexico and all, but this is universal It's a very person decision.

 

The age of a sibling doesn't matter. It's F4 category for any sibling. ETA: >20 years. Probably a decent chunk longer (the line gets longer over time..no idea what it will be in 20 years, if the category even still exists).

 

The mother can be petitioned directly as an immediate relative (I'm assuming he's well over 21 given his own immigration history).

The stapfather can be petitioned directly as an immediate relative is the marriage occurred before age 18.

ETA for immediate relatives: ~1.5-2 years (given CDJ's current backlog for an interview).

 

Adoption probably would not have changed anything here anyway. An adoption that qualifies for immigration benefits has a lot of rules around it, not just being legal in the country performed.

 

20 minutes ago, frida_e said:

Anyway, should we apply for all three of them at the same time or possibly wait for my mother in law’s residency to eventually be approved and apply for her spouse then?

Yes, all 3 can be petitioned together. Keep in mind the I-864 requirements, especially for parents re: healthcare, depending on if they are of working age & capability or not. (I assume they are given the under 21 child)

 

Once one parent becomes a permanent resident (the endorsed immigrant visa acts as a green card upon endorsement at POE), they can petition  for their child/stepchild (18yo rule applies again). This applies even if there is an I-130 for them by somebody else...there's no issue with having more than 1 at a time.

Although the timeline may or may not make it worth the effort + $535 filing fee as a sibling, depending on his age at the time, USCIS processing rates, and visa bulletin PD. He may or may not qualify under F2A (under21 unmarried child of an LPR) by then. If he ages out into F2B, then it would probably be best to have both petitions at the same time, just in case something unfortunate happens to one petitioner during the long wait.

 

So there are options, but they all pretty much start by filing sooner rather than later. Get going on it if that's what both you and they want.

Good luck.

[frida_e 14]

2 hours ago, aleful said:

hi

 

sorry, but age doesn't matter, for Mexicans, the wait is over 22 years

 

he can only file for stepfather if the marriage occurred before he turned 18. if not, he can file for his mom, and then when his mom comes she can file for her husband

 

unfortunately for the sibling, it will always be over 20 years of waiting

 

 

Thank you very much!

[frida_e 14]

2 hours ago, geowrian said:

Congrats.

 

Not to down on one's parade, but the US isn't always "a better life", especially if somebody has their roots, family, friends, etc. abroad. Often the reason somebody comes to the US is only due to their love with their SO, otherwise they would be living abroad as well. I get the situation in parts of Mexico and all, but this is universal It's a very person decision.

 

The age of a sibling doesn't matter. It's F4 category for any sibling. ETA: >20 years. Probably a decent chunk longer (the line gets longer over time..no idea what it will be in 20 years, if the category even still exists).

 

The mother can be petitioned directly as an immediate relative (I'm assuming he's well over 21 given his own immigration history).

The stapfather can be petitioned directly as an immediate relative is the marriage occurred before age 18.

ETA for immediate relatives: ~1.5-2 years (given CDJ's current backlog for an interview).

 

Adoption probably would not have changed anything here anyway. An adoption that qualifies for immigration benefits has a lot of rules around it, not just being legal in the country performed.

 

Yes, all 3 can be petitioned together. Keep in mind the I-864 requirements, especially for parents re: healthcare, depending on if they are of working age & capability or not. (I assume they are given the under 21 child)

 

Once one parent becomes a permanent resident (the endorsed immigrant visa acts as a green card upon endorsement at POE), they can petition  for their child/stepchild (18yo rule applies again). This applies even if there is an I-130 for them by somebody else...there's no issue with having more than 1 at a time.

Although the timeline may or may not make it worth the effort + $535 filing fee as a sibling, depending on his age at the time, USCIS processing rates, and visa bulletin PD. He may or may not qualify under F2A (under21 unmarried child of an LPR) by then. If he ages out into F2B, then it would probably be best to have both petitions at the same time, just in case something unfortunate happens to one petitioner during the long wait.

 

So there are options, but they all pretty much start by filing sooner rather than later. Get going on it if that's what both you and they want.

Good luck.

I truly appreciate you explaining why and how on this. I know each case is different. It helps to have this community. I know I help out others with the K1 questions and N400 whenever I can. Thank you!!