Bringing both parent and siblings of a US citizen

[Miss Accountant 6]

Hi Everyone,

 

I am a US citizen by birth; my husband came here on a K-1 in 2016 and just became a citizen last month. We are looking into bringing his mother and siblings to the US. I've found lots of information on how to bring his mother; it looks like a straightforward process of filing a I-130 and then following the steps from there. But I'm having a hard time finding information on if his siblings are eligible to come with her. They are currently 11, 17, and 21. Can all three of them be included on his mother's application, or just the two that are under 21? I've heard that children "age out" at 21, but is that at the time of filing or at the time of visa issuance? I'm thinking about the 17 year old and wondering if she will age out while waiting for the application to process.  

 

If some or all of the siblings can come along with the mother, what is the process for that? Do we file a separate I-130 for each of them, or is there a way to include them on the mother's I-130 form? 

 

A few other bits of information: His father is around and still married to his mother, but will not be immigrating. He will sign any necessary paperwork to allow the children to immigrate. We have sufficient income to cover the affidavit of support requirements. The 17 year old and 21 year old are unmarried and plan to stay so for a while. I know that it is possible for my husband to file directly for a sibling, but that can take 10-20 years so we aren't interested in pursuing that option. 

 

Thank  you very much. I went through the entire process for my husband years ago and I got to know everything (almost  ) about the K-1 process. Now I'm starting over with his family and I'm back to square one on my knowledge. 

[SusieQQQ 11,586]

None of the siblings can come “with” the mother. IR5 visas do not allow for derivatives. The fastest way will be for the mom to sponsor them once she has her own green card (sibling visas will take 15 years or more) but this will still probably be another two years after she gets her green card.

[Crazy Cat 41,884]

These are all separate cases. Unfortunately, the siblings can not be included in the Mother's case. There are no derivatives for immediate relatives of US citizens.   In fact, the process for the siblings will take about 15 years if your husband files for them.  

Edited July 24, 2021 by Lucky Cat

[Miss Accountant 6]

Ok, so if the mother sponsors them after she arrives here, can she sponsor all three of them, or only the ones who are under 21 (and not married)?

[SusieQQQ 11,586]

4 minutes ago, Miss Accountant said:

Ok, so if the mother sponsors them after she arrives here, can she sponsor all three of them, or only the ones who are under 21 (and not married)?

She can sponsor all of them as long as they all remain unmarried, but the one that will be over 21 by then will fall into a different category and that one will probably take 6-7 years. 

[Boiler 45,522]

Even the 17 year old could age out into a longer category.

[SteveInBostonI130 3,454]

2 hours ago, Miss Accountant said:

Hi Everyone,

 

I am a US citizen by birth; my husband came here on a K-1 in 2016 and just became a citizen last month. We are looking into bringing his mother and siblings to the US. I've found lots of information on how to bring his mother; it looks like a straightforward process of filing a I-130 and then following the steps from there. But I'm having a hard time finding information on if his siblings are eligible to come with her. They are currently 11, 17, and 21. Can all three of them be included on his mother's application, or just the two that are under 21? I've heard that children "age out" at 21, but is that at the time of filing or at the time of visa issuance?

 

If some or all of the siblings can come along with the mother, what is the process for that? Do we file a separate I-130 for each of them, or is there a way to include them on the mother's I-130 form? 

 

I know that it is possible for my husband to file directly for a sibling, but that can take 10-20 years so we aren't interested in pursuing that option. 

 Ok, here we go:

 

1.  You husband can sponsor his mom, and mom only.  No derivatives.  Takes 1-2 years.  IR5.  

 

2.  You know about the long wait for siblings.  It's actually 14 to 23 years, depending on the country.

 

3.  When your MIL arrives in the US, she can immediately file for all 3 of her children.  The 11 and 17 year old will be 13 and 19, respectively.  As they remain unmarried, they both fall into F2A category and can immediately get their visas.  By immediate, I mean 1-2 years.  The 19 year old will not age out.  Well, will more than likely 99% not age out. Caveat:  It all depends on visa category availability.  Currently there are less F2A applicants per year than the limit, so all applications are current.  This could possibly change in the next few years, though not likely.

 

4.  The 21 year old will be in the F2B category.  He/she needs to remain unmarried, and will take about 7 years to get his/her visa.  That is, as long as your husband's country is not Mexico or the Philippines.  Those countries have a longer wait (21-22 years for Mexico, 11-12 years for the Philippines).

 

If the 21 year old, for some reason, gets married, then it's actually better for your husband to apply for him/her right away.  It's a 14-15 year wait (F4 category), but that is better than 13+ years for your mother-in-law, who will also have to wait until she becomes a USC (F3 category - 13+ years for married sons/daughters of USC).