Need help filing for MIL

[Sakikhan91 0]

Hello my husband recently got his visa approved 1 year ago after many long years waiting allahumdulilah. I was desperate and came across this website with wonderful people helping eachother out. Now I need help because I want to file for a visa for my mother in law and her disabled son who needs his mother. They live in Pakistan  My husband has his green card but she also has a sister here who is a US citizen so I need help from the start I don’t have a lawyer and I don’t know which forms to fill out.  I want to know if I should file under my husband who has a green card or her sister is a citizen. Please someone help me which is easier? What has better chance? 

[SusieQQQ 11,585]

Your husband cannot file for a parent if he only has a green card, so only  sister is actually able to file right now. But the sibling visa  will take 15 years or more, so it makes more sense for your husband to file once he becomes a citizen in a few years.

 

Now the bad news: there are no derivatives allowed on a parent visa if your husband files once he is a USC, so the son will not be able to immigrate with her. She (mother in law) can file for the son once she has her own green card. If he is under 21 that could take approx 2 years from date of filing, if over 21 more like 6-7 years. Depending how disabled he is and who else can care for him while she is away, these may not be workable options.
DerivativeS are allowed on sibling visas but he would have to still be under 21 so that’s probably not going to work with a 15+ year wait  unless he is now very very young.

Edited July 7, 2022 by SusieQQQ

[SalishSea 17,047]

10 minutes ago, Sakikhan91 said:

Hello my husband recently got his visa approved 1 year ago after many long years waiting allahumdulilah. I was desperate and came across this website with wonderful people helping eachother out. Now I need help because I want to file for a visa for my mother in law and her disabled son who needs his mother. They live in Pakistan  My husband has his green card but she also has a sister here who is a US citizen so I need help from the start I don’t have a lawyer and I don’t know which forms to fill out.  I want to know if I should file under my husband who has a green card or her sister is a citizen. Please someone help me which is easier? What has better chance? 

This is not an easy, or quick path.

 

Your husband must be a citizen to petition his mother.  The sister can file a petition, but it may take 20 years for a visa to become available.

 

If your husband gets citizenship and petitions for his mother, she can later petition for the disabled adult son.

 

They will want to think carefully about the prospect of bringing a disabled adult to the United States, because he will not be eligible for any type of benefits. I am assuming that he is unable to work.  Will the aunt or you and your husband be able to pay for his care?

 

Just to clarify:  it is your husband's sister, not the MIL's sister who is a citizen?

Edited July 7, 2022 by Jorgedig

[Boiler 43,997]

You may also wish to consider the cost of health care.

[Sakikhan91 0]

3 hours ago, Jorgedig said:

This is not an easy, or quick path.

 

Your husband must be a citizen to petition his mother.  The sister can file a petition, but it may take 20 years for a visa to become available.

 

If your husband gets citizenship and petitions for his mother, she can later petition for the disabled adult son.

 

They will want to think carefully about the prospect of bringing a disabled adult to the United States, because he will not be eligible for any type of benefits. I am assuming that he is unable to work.  Will the aunt or you and your husband be able to pay for his care?

 

Just to clarify:  it is your husband's sister, not the MIL's sister who is a citizen?

It’s my MIL’s sister who is a citizen and her son is not able to work hes autistic and can’t really be without his mom 

1 hour ago, Boiler said:

You may also wish to consider the cost of health care.

What do you mean? 

[Boiler 43,997]

When your Husband becomes a citizen he can file for his brother then a year or two before his Brothers priority date is current he can also file for his mother, that way they can both come together.

 

Medical costs in the US are expensive and are unlikely to change in the next decades.

[SusieQQQ 11,585]

21 minutes ago, Sakikhan91 said:

It’s my MIL’s sister who is a citizen and her son is not able to work hes autistic and can’t really be without his mom 

What do you mean? 

 If he is a disabled adult unable to work, do you know what your state’s policies are regarding aid, and whether or not those apply to LPRs? Have you looked into what it will cost for health insurance for him as he will not be able to get employer insurance and is unlikely to be allowed to be a dependent on anyone else’s?
You could probably expect (i assume you will be joint sponsor on the MIL’s petition for her son) to be asked to show more than the minimum poverty guideline in a case like this. 
 

you didn’t answer the age question, or whether there is someone to look after him while he awaits a visa. The mom can use a re-entry permit to return to be with him while he awaits a visa, but if he is over 21 she will max out on the time the re-entry permits allow (5 years total) before his visa will be issued.

 

 

[SalishSea 17,047]

8 minutes ago, SusieQQQ said:

 If he is a disabled adult unable to work, do you know what your state’s policies are regarding aid, and whether or not those apply to LPRs? Have you looked into what it will cost for health insurance for him as he will not be able to get employer insurance and is unlikely to be allowed to be a dependent on anyone else’s?
You could probably expect (i assume you will be joint sponsor on the MIL’s petition for her son) to be asked to show more than the minimum poverty guideline in a case like this. 
 

you didn’t answer the age question, or whether there is someone to look after him while he awaits a visa. The mom can use a re-entry permit to return to be with him while he awaits a visa, but if he is over 21 she will max out on the time the re-entry permits allow (5 years total) before his visa will be issued.

 

 

It will be years before the MIL can even be petitioned, because the OP's spouse is years away from citizenship.

[SalishSea 17,047]

37 minutes ago, Sakikhan91 said:

It’s my MIL’s sister who is a citizen and her son is not able to work hes autistic and can’t really be without his mom 

What do you mean? 

The son will not be able to come with his mother, unfortunately.  

[Sakikhan91 0]

50 minutes ago, Boiler said:

When your Husband becomes a citizen he can file for his brother then a year or two before his Brothers priority date is current he can also file for his mother, that way they can both come together.

 

Medical costs in the US are expensive and are unlikely to change in the next decades.

 

34 minutes ago, SusieQQQ said:

 If he is a disabled adult unable to work, do you know what your state’s policies are regarding aid, and whether or not those apply to LPRs? Have you looked into what it will cost for health insurance for him as he will not be able to get employer insurance and is unlikely to be allowed to be a dependent on anyone else’s?
You could probably expect (i assume you will be joint sponsor on the MIL’s petition for her son) to be asked to show more than the minimum poverty guideline in a case like this. 
 

you didn’t answer the age question, or whether there is someone to look after him while he awaits a visa. The mom can use a re-entry permit to return to be with him while he awaits a visa, but if he is over 21 she will max out on the time the re-entry permits allow (5 years total) before his visa will be issued.

 

 

He is over 21 and doesn’t need any medical attention back home he does have some one else to look after him also

[Boiler 43,997]

1 minute ago, Sakikhan91 said:

 

He is over 21 and doesn’t need any medical attention back home he does have some one else to look after him also

In that case your husband when he becomes a US Citizen can petition her. She will come in a couple  of years.

[SusieQQQ 11,585]

1 hour ago, Jorgedig said:

It will be years before the MIL can even be petitioned, because the OP's spouse is years away from citizenship.

Yes, i said a few years (marriage based n400 is 3 years as you are well aware), but it will be much faster than a sibling petition.  

[SusieQQQ 11,585]

56 minutes ago, Sakikhan91 said:

 

He is over 21 and doesn’t need any medical attention back home he does have some one else to look after him also

Well then - he can wait out the process while his mom applies for him when she is eventually able to do so. Currently the wait time for over 21 son of permanent resident is about 7 years. So realistically you’re looking at best case probably 5 years for your MIL to get here (3 years for your husband to apply for n400, a year to process that, then another year to process mom’s petition, assuming by then the covid backlogs are no longer an issue ) and the kid another 7 years after that. Could be longer. This is not going to be a fast process.

 

again, there may be a public charge issue due to his inability to work. Nit sure what they will want to see re financial support for him but espect above the minimum. Lucky this isn’t Australia where he would be outright refused on public charge grounds.

as for not needing medical attention- you are going to put the kid on health insurance anyway, right? Accidents happen.People get sick.  And he’s going to get old one day. Who will look after him then? There may need to be an insurance plan for that too.

 

 

 

Edited July 8, 2022 by SusieQQQ

[arken 4,197]

12 hours ago, Sakikhan91 said:

a visa for my mother in law and her disabled son who needs his mother.

 

8 hours ago, Sakikhan91 said:

It’s my MIL’s sister who is a citizen and her son is not able to work hes autistic and can’t really be without his mom 

 

As said, remember that no matter which way you go, your MIL and her disabled son has to be separated for almost 7 years. Of course she can travel back and forth time to time to be with him. Just keep that in mind in case later she can't leave him back at all even for a short time.