Unique Family Situation

[Mike E 11,742]

1 minute ago, WonderingTT said:

They are young teens and they have special needs.

13 and 15.

So the youngest is likely 4-5 years from University age.  So,

 

3  years from now 

 

* the 21 year old files I-130 for each parent 

 

* the younger siblings apply to attend the same university in the USA 

 

* Once accepted into university the, the parents apply for immigration visas, and then the siblings  apply for F-1 visas.   

 

* When all four visas are accepted, they enter the USA. 
 

* Upon entering the USA as immigrants, the parents file I-130 for the younger children.  

 

* When the priority dates become current for the younger children, they apply for immigration visas and interview outside the USA.  
 

[Timona 4,208]

Just now, WonderingTT said:

Maybe I am wrong but it was my understanding that sponsoring both of us at the same time couldn't work and can only one if ONE of us gets LPR then they sponsor the spouse and the children automatically are included?

 

You are wrong. He can sponsor both at the same time. Read my latest post on how to as well as the one from @SusieQQQ

He will need to show W-2 or employment letter that shows he makes roughly $35K a year to sponsor both you and the dad. As stated, he can get a joint sponsor for this..like good friend, relatives etc.

Check link below for how much he or the joint sponsor needs to make so as to sponsor you 2.

If a joint sponsor, you will need to add all individuals in the joint sponsor's household and then add you 2 to the total and then check the same chart to see how much JS needs to make.

Additionally, as I earlier stated, he can start the process NOW. Financial document will be asked for later. You do not need to have them RIGHT NOW (financial documents). Check the detailed link on step by step process from DOS.

 

Typically, IRS returns are used to sponsor. But since he is out of the country and I presume has no current job in the US, he will need to show his paystubs or W-2s in lieu of IRS transcripts to show he is making enough. If he cannot, then get a JS.

 

https://www.uscis.gov/i-864p

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-august-2021.html

 

[Boiler 45,966]

Depends what special needs means but sounds like University option may not be available.

[Crazy Cat 42,143]

2 minutes ago, Mike E said:

So the youngest is likely 4-5 years from University age.  So,

 

3  years from now 

 

* the 21 year old files I-130 for each parent 

 

* the younger siblings apply to attend the same university in the USA 

 

* Once accepted into university the, the parents apply for immigration visas, and then the siblings  apply for F-1 visas.   

 

* When all four visas are accepted, they enter the USA. 
 

* Upon entering the USA as immigrants, the parents file I-130 for the younger children.  

 

* When the priority dates become current for the younger children, they apply for immigration visas and interview outside the USA.  
 

That would take some miraculous good timing for all those visas to be ready at the same time....but that is a creative idea...😀

[WonderingTT 2]

4 minutes ago, Timona said:

 

You are wrong. He can sponsor both at the same time. Read my latest post on how to as well as the one from @SusieQQQ

He will need to show W-2 or employment letter that shows he makes roughly $35K a year to sponsor both you and the dad. As stated, he can get a joint sponsor for this..like good friend, relatives etc.

Check link below for how much he or the joint sponsor needs to make so as to sponsor you 2.

If a joint sponsor, you will need to add all individuals in the joint sponsor's household and then add you 2 to the total and then check the same chart to see how much JS needs to make.

Additionally, as I earlier stated, he can start the process NOW. Financial document will be asked for later. You do not need to have them RIGHT NOW (financial documents). Check the detailed link on step by step process from DOS.

 

Typically, IRS returns are used to sponsor. But since he is out of the country and I presume has no current job in the US, he will need to show his paystubs or W-2s in lieu of IRS transcripts to show he is making enough. If he cannot, then get a JS.

 

https://www.uscis.gov/i-864p

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-august-2021.html

 

Sorry Timona, maybe I didn't express myself properly. I know he can sponsor both of us for GC at the same time. The point is that when he does and we get through, we need to immediately leave for the US and our two other kids will be left behind. Because even if we apply for them in the US, they still cannot be with us...hence, separating the family.

[Timona 4,208]

27 minutes ago, SusieQQQ said:

There’s no way to do it all together.

 

The option you mentioned is one way. Another is for him to sponsor both parents, then one of them sponsors the kids and gets a re-entry permit to live with them while awaiting a visa. Both should take about the same amount of time, around 2 years from when the new LPR files for kids or spouse + derivative kids.

 

US income will be needed to sponsor all intending immigrants. What kind of qualifications/ experience does your son have? What kind of work will the parents be able to do when they immigrate?  Which of the two routes is preferable (who sponsors who when) might be circumscribed by how much sponsor income is available for each petition.

 

12 minutes ago, WonderingTT said:

But if both parents get green cards, aren't they supposed to be living in the US? If this is the case, where will the children be?  We cannot leave the other two kids with anyone else since they have special needs.

 

Your concern was already answered.

Both of you can get re-entry permits and switch turns. 

Additionally, after you and dad come to US and triggers GC, both of you can go back home in turns to care for the kids. It will only be for a 1 or 1.5 years before they come over. This method is the shortest method. If you cannot, then honestly, immigration may not be for you guys. Immigration requires a great deal of patience.

[WonderingTT 2]

Just now, Timona said:

 

 

Your concern was already answered.

Both of you can get re-entry permits and switch turns. 

Additionally, after you and dad come to US and triggers GC, both of you can go back home in turns to care for the kids. It will only be for a 1 or 1.5 years before they come over. This method is the shortest method. If you cannot, then honestly, immigration may not be for you guys. Immigration requires a great deal of patience.

Thank you. I will search about re-entry permits.

[Timona 4,208]

6 minutes ago, WonderingTT said:

Thank you. I will search about re-entry permits.

 

I would start those I-130 online right now to get you on the queue.

Good luck.

 

Edited August 19, 2021 by Timona

[SalishSea 18,102]

12 minutes ago, Crazy Cat said:

That would take some miraculous good timing for all those visas to be ready at the same time....but that is a creative idea...😀

And $50-100k available for those university educations.

[SusieQQQ 11,587]

31 minutes ago, WonderingTT said:

Maybe I am wrong but it was my understanding that sponsoring both of us at the same time couldn't work and can only one if ONE of us gets LPR then they sponsor the spouse and the children automatically are included?

The USC will have to sponsor each of you with a separate petition but it is totally allowed. Of course this means more income is required to be shown up front, I am not clear if this is an issue in your (son’s) case. 
(Edit: I see this part was clarified in a later post by OP)

 

Also be careful what you mean by the children are “automatically included”. It is not “automatic” - they have to be listed as derivatives on the petition. 

Edited August 19, 2021 by SusieQQQ

[SusieQQQ 11,587]

18 minutes ago, Mike E said:

So the youngest is likely 4-5 years from University age.  So,

 

3  years from now 

 

* the 21 year old files I-130 for each parent 

 

* the younger siblings apply to attend the same university in the USA 

 

* Once accepted into university the, the parents apply for immigration visas, and then the siblings  apply for F-1 visas.   

 

* When all four visas are accepted, they enter the USA. 
 

* Upon entering the USA as immigrants, the parents file I-130 for the younger children.  

 

* When the priority dates become current for the younger children, they apply for immigration visas and interview outside the USA.  
 

Except the F1 visas may be denied for immigrant intent then the waiting is all in vain.

[SalishSea 18,102]

OP, ‘special needs’ can mean a variety of things, but if the needs are medical or educational, keep in mind that it may be quite expensive to move them here, and they will not be eligible for any benefits except for a basic public school education.    I would also expect quite a bit of scrutiny in the framework of the public change.

[WonderingTT 2]

2 minutes ago, Jorgedig said:

OP, ‘special needs’ can mean a variety of things, but if the needs are medical or educational, keep in mind that it may be quite expensive to move them here, and they will not be eligible for any benefits except for a basic public school education.    I would also expect quite a bit of scrutiny in the framework of the public change.

Thanks. They don't require special schooling or medical.

[WonderingTT 2]

I want to thank everyone for taking the time to answer my post. I got all the information I needed, I'm grateful.

[SusieQQQ 11,587]

3 minutes ago, Jorgedig said:

OP, ‘special needs’ can mean a variety of things, but if the needs are medical or educational, keep in mind that it may be quite expensive to move them here, and they will not be eligible for any benefits except for a basic public school education.

Depends on state. Some states are very good at looking after special needs children, both within the public education system and outside of it. Federally there is 504 protection but of course different states implement in different ways  https://www2.ed.gov/about/offices/list/ocr/504faq.html