Petition for divorced sibling

[jogonz 0]

Hello, 

 

I'm a USC, I am petitioning for my father via an I-130. I'm trying to figure it out which path would be best to petition for my unmarried sister who is over 21. She has three daughters, one which is currently 13, my fear is when the time comes my niece would be beyond 21 years of age which will then make her ineligible as a Beneficiary. From what I can tell if I petition for my sister, she would be under category F4. Once my dad has his green card and he petitions, she would be F2B. From a time perspective, is it better for my dad to petition for her once he gets approved for his green card or should I petition directly for my sister? 

[Boiler 46,116]

Obvious;y depends on a lot of details you have not shared so looking at the most optimistic route it is possible a 13 year could just sneak in if you sponsor your father and then he sponsors your sister.

 

Best for you to petition both of them, how many times have we seen on here when something happens and people want to transfer a petition, which is not possible.

[igoyougoduke 1,675]

17 minutes ago, jogonz said:

Hello, 

 

I'm a USC, I am petitioning for my father via an I-130. I'm trying to figure it out which path would be best to petition for my unmarried sister who is over 21. She has three daughters, one which is currently 13, my fear is when the time comes my niece would be beyond 21 years of age which will then make her ineligible as a Beneficiary. From what I can tell if I petition for my sister, she would be under category F4. Once my dad has his green card and he petitions, she would be F2B. From a time perspective, is it better for my dad to petition for her once he gets approved for his green card or should I petition directly for my sister? 

Petition both at same time if you can afford it . Time is of essence. if later your father qualifies that will be separate petition 

[jogonz 0]

11 minutes ago, Boiler said:

Obvious;y depends on a lot of details you have not shared so looking at the most optimistic route it is possible a 13 year could just sneak in if you sponsor your father and then he sponsors your sister.

 

Best for you to petition both of them, how many times have we seen on here when something happens and people want to transfer a petition, which is not possible.

I have already petition for my father, after scowering this forum the only issue I can see happening is that my father and mother were never married. What other details do you recommend sharing to better assess the situation?

[Boiler 46,116]

That helps

 

Country of chargeability

 

When you filed

 

Big difference between being just 13 and nearly 14

 

 

[jogonz 0]

10 minutes ago, igoyougoduke said:

Petition both at same time if you can afford it . Time is of essence. if later your father qualifies that will be separate petition 

I have already petitioned for my father via an I-130. I did it this past week, in the hopes that this is the best path to have my dad, sister & nieces stateside someday. A friend of mines told me that once my father is approved  he will be given a conditional green card. I don't know if that's accurate, or if that would prevent from my father petitioning my sister. 

[Boiler 46,116]

A parents GC is not conditional

[jogonz 0]

6 minutes ago, Boiler said:

A parents GC is not conditional

Thank you, that took some of my worries away. Thinking under the best circumstances, once the I-130 for my dad is approved and he has his GC. If I petition for my sister directly, then my dad petitions as well, would there be any conflict? 

 

10 minutes ago, Boiler said:

That helps

 

Country of chargeability

 

When you filed

 

Big difference between being just 13 and nearly 14

 

 

I filed last week 11/29, my niece is going to be 14 in 6 months.

 

 

Edited December 5, 2021 by jogonz

[Boiler 46,116]

No

[arken 4,197]

 It's around 7 years thru your father's petition. Just hope i130 takes 5-6 years to get approved so your neice doesn't age out even if above 21 at the time.

[SteveInBostonI130 3,483]

1 hour ago, jogonz said:

Thank you, that took some of my worries away. Thinking under the best circumstances, once the I-130 for my dad is approved and he has his GC. If I petition for my sister directly, then my dad petitions as well, would there be any conflict? 

 

I filed last week 11/29, my niece is going to be 14 in 6 months.

 

 

What country?

 

Mexico is 21 years for F2B.  Another is 11-12 years