Sibling of My LPR spouse

[NJCube 4]

Hello,

 

My husband is an LPR who went through the whole K1 Visa > Permanent resident process.  We'll be applying for his citizenship this year.   In the meantime, he has a sibling in his country that is all alone (she's a widow)  and we would like to bring her to live with us.   She is 55 years old and I was wondering what the options are for her in terms of healthcare if my husband sponsers her?   What would be the best way to proceed?

 

Thank you for your help

[Boiler 45,516]

So if he sponsors her she will be 70+ before she gets here and I have no idea what the Healthcare situation will be then, I assume very different to today.

 

File and forget and see what the situation is nearer the time?

[Unlockable 7,314]

24 minutes ago, NJCube said:

Hello,

 

My husband is an LPR who went through the whole K1 Visa > Permanent resident process.  We'll be applying for his citizenship this year.   In the meantime, he has a sibling in his country that is all alone (she's a widow)  and we would like to bring her to live with us.   She is 55 years old and I was wondering what the options are for her in terms of healthcare if my husband sponsers her?   What would be the best way to proceed?

 

Thank you for your help

The only option is if your husband is when you husband becomes a citizen. Only then can he petition for her. But the good news stops there because it is currently taking 15+ years for the sibling process to be complete. So his sister will not be able to come over until them. And if she is from India, Mexico, or China, it will take more than 20 years.

 

Not to mention, providing healthcare coverage at that age will be a concern for immigration. If you have noticed, they are cracking down on healthcare coverage.

 

Immigration is a sacrifice people make and separation of family is part of the sacrifice. It is unfortunate that his sister is alone but that is the only option he has. America is one of only a few countries that allow people to even apply to bring over siblings. And that may not last for too much longer. In the mean time, maybe your husband can increase his visits to see his sister.

[Going through 5,671]

In terms of the cost of healthcare for a (somewhat) elderly person by time she arrived here, you may want to reread your thread from the previous year when you were asking about bringing your mother-in-law over and health care options for her---many of the answers given in that thread are also relevant to this one on what would need to be considered, and explained some options:

 

 

[NJCube 4]

Thanks "Going through".   My mother in law passed away last summer so that is the reason his sister is alone now.  

 

 

[Going through 5,671]

8 minutes ago, NJCube said:

Thanks "Going through".   My mother in law passed away last summer so that is the reason his sister is alone now.  

 

 

I'm sorry to hear of your loss----my father in law passed away suddenly in November and I'm still in disbelief of it most of the time.   

Best of luck to you in the situation all-around.

[SusieQQQ 11,586]

As above, many years before she will be able to immigrate, and it will likely be financially difficult unless she has significant $-value of savings, as she will immigrate with zero contribution to social security or Medicare taxes. To be honest, the best thing to hope for is probably that she meets a life partner there sometime in the 15 years or so she will be waiting for the visa, so that she is neither alone nor faces the financial burden of moving to the US (and more specifically its healthcare system) at that age. Good luck.

[NJCube 4]

Quote

As above, many years before she will be able to immigrate, and it will likely be financially difficult unless she has significant $-value of savings, as she will immigrate with zero contribution to social security or Medicare taxes. To be honest, the best thing to hope for is probably that she meets a life partner there sometime in the 15 years or so she will be waiting for the visa, so that she is neither alone nor faces the financial burden of moving to the US (and more specifically its healthcare system) at that age. Good luck.

Thank you so much.  I hope she does.  

 

I am just curious about two more things:

 

-How is the 15 year process time derived?  Is this just how long it's been taking?

 

-My spouse also has to daughters that we were planning to bring in a couple of years.  (They are 16 and 21).  Does the same 15 year wait apply to them?   I remember listing them on the original paperwork to bring him.  

 

 

[SusieQQQ 11,586]

4 minutes ago, NJCube said:

Thank you so much.  I hope she does.  

 

I am just curious about two more things:

 

-How is the 15 year process time derived?  Is this just how long it's been taking?

 

-My spouse also has to daughters that we were planning to bring in a couple of years.  (They are 16 and 21).  Does the same 15 year wait apply to them?   I remember listing them on the original paperwork to bring him.  

 

 

Sibling is F4 category and numerically limited, that is approximately the current wait time given the number of people on the wait list and the max number per year allowed to get visas.

 

It is a similar concept but not as bad for his children. The younger one will be F2A, approx 2 years (currently usually a bit shorter), the over 21 will be F2B, approx 5-7 years. As you married before younger child was 18 you can act as petitioner of stepchild and that will reduce the time it takes for her (again assuming she immigrates before 21) as there is no max quota in that category, so it’s just processing times.

[geowrian 22,337]

10 minutes ago, NJCube said:

I am just curious about two more things:

 

-How is the 15 year process time derived?  Is this just how long it's been taking?

Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Sibling falls under F4

The number of family preference visas are limited annually. There's a long line already and F4 is the lowest category.

 

Quote

-My spouse also has to daughters that we were planning to bring in a couple of years.  (They are 16 and 21).  Does the same 15 year wait apply to them?   I remember listing them on the original paperwork to bring him. 

Assuming they are both unmarried, they would fall under F2A and F2B right now. See the table above again for the current wait time. Note that C = current (visa number is available already - only processing time exists). F2A is current right now, but usually has around a 2 year or so wait.

 

If your spouse becomes a US citizen, then they can upgrade to IR-2 and F-1. The F-1 is an optional upgrade - you have the option to retain F2B if desired (sometimes it's actually faster).

If she waits to file until the younger one is 21+, they will age out into F2B/F1 as well.

 

If you married your spouse before they turned 18 (I believe that's the case here, right?), then you can file for them as a US citizen. Again, this would be IR-2 for the younger one and F1 for the elder.

Edited January 7, 2020 by geowrian

[NJCube 4]

Thanks so much SuzieQQQ and geowrian!

 

This is great information that I would never have been able to find.  

 

I clicked in the link that you sent me geowrian but i am having a difficult time finding the actual chart with the wait times by category.  

 

Yes, we were married Jan 2016.  The girls were 12 and 16.    The older one actually doesn't turn 21 until this summer.  I was just rounding up.  

[NJCube 4]

I think i found the chart:

 

 

So, my understanding is that if we apply for the older child once she is 21, she falls under F2B and has a 6 year wait (08AUG14 - 07Jan20)?

 

This being the case, even though she is not ready to come yet, if we submit the application before her 21st birthday (in July), she would fall under F2A if I, as a US Citizen, file for them.  correct?    When the application is processed, (approx 2 years or earlier), if she is ready, she can come, otherwise, how long does she have to make up her mind?   

 

Thank You

[geowrian 22,337]

2 minutes ago, NJCube said:

I think i found the chart:

That's the one.

2 minutes ago, NJCube said:

So, my understanding is that if we apply for the older child once she is 21, she falls under F2B and has a 6 year wait (08AUG14 - 07Jan20)?

If the green card holder does, then it's F2B. Give it ~5-7 years, although this can change in either direction in that timeline. That's how long people who applied ~6 years ago waited. Family preference cases jump around a lot because there is no way to know how many people will actually get a visa (some may have gotten married and no longer qualify for F2B, some may no longer want to immigrate, some may be ineligible for the visa, etc.). This category also allows derivatives, so sometimes people have children (who then get visas at the same time).

 

2 minutes ago, NJCube said:

This being the case, even though she is not ready to come yet, if we submit the application before her 21st birthday (in July), she would fall under F2A if I, as a US Citizen, file for them.  correct?    When the application is processed, (approx 2 years or earlier), if she is ready, she can come, otherwise, how long does she have to make up her mind?  

If a US citizen files for her prior to her turning 21, her age is "frozen under CSPA, so she won't age out. However, she must "seek to acquire" the visa within 1 year of NVC getting the case. This basically means start the visa application process within that 1 year. It can also be slowed down at NVC a little, and then consulate waiting time, and the visa itself is valid for up to 6 months from the medical. So there is some flexibility on the timing.

 

She can also get the visa, enter the US, get a re-entry permit, then go back home for up to 2 years at a time. That would retain her green card.

[NJCube 4]

40 minutes ago, geowrian said:

That's the one.

If the green card holder does, then it's F2B. Give it ~5-7 years, although this can change in either direction in that timeline. That's how long people who applied ~6 years ago waited. Family preference cases jump around a lot because there is no way to know how many people will actually get a visa (some may have gotten married and no longer qualify for F2B, some may no longer want to immigrate, some may be ineligible for the visa, etc.). This category also allows derivatives, so sometimes people have children (who then get visas at the same time).

 

If a US citizen files for her prior to her turning 21, her age is "frozen under CSPA, so she won't age out. However, she must "seek to acquire" the visa within 1 year of NVC getting the case. This basically means start the visa application process within that 1 year. It can also be slowed down at NVC a little, and then consulate waiting time, and the visa itself is valid for up to 6 months from the medical. So there is some flexibility on the timing.

 

She can also get the visa, enter the US, get a re-entry permit, then go back home for up to 2 years at a time. That would retain her green card.

This is so much information to take in and considering a decision has to be made soon, i want to make sure i got it straight.  

 

By saying "If a US citizen files for her prior to her turning 21" do you mean filing an i-130?  If so, then once we file the i-130 she must "seek to acquire the Visa within one year of NVC getting the case", does this mean one year from when the NVC receives the i-130 we must apply for a visa?   Is applying for the VISA a separate form?

 

Again, i really do appreciate all the help.  I started this post inquiring about my sister in law and it brought to light that we have a major time constraint coming up with his older daughter.  

[geowrian 22,337]

6 minutes ago, NJCube said:

By saying "If a US citizen files for her prior to her turning 21" do you mean filing an i-130?  If so, then once we file the i-130 she must "seek to acquire the Visa within one year of NVC getting the case", does this mean one year from when the NVC receives the i-130 we must apply for a visa?   Is applying for the VISA a separate form?

Correct - the age is frozen for CSPA purposes once the I-130 is filed by a US citizen petitioner for an under-21 unmarried child/stepchild.

The 1 year begins after NVC has the case. I actually forget the exact timing of when you have to start the visa process for "seek to acquire", but it starts after I-130 approval and NVC has it.

Applying for the visa is a separate process. This involves a DS-260 (immigrant visa application) completed at the NVC stage.