Sponsoring Daughter

[SusieQQQ 11,586]

1 hour ago, rooji said:

how would that be possible after my mother in law turns citizen? I mean if she applies for her daughter, would that mean she can apply for her granddaughter and son-in-law as a derivative? i thought there was an age limit...

Once she is a citizen she can apply for a married child, under F3. The spouse is a derivative on the petition. So are any of children  (so yes your MIL’s  grandchildren) as long as they are unmarried under 21. There is CSPA protection for the derivative children which you can get into at a later stage but in practice most such kids remain eligible till sometime in their early -mid 20s because of the long processing times at uscis.  
Bear in mind F3  can take a while,  my dad petitioned for one for me in Dec 2008 and I’d still be waiting for a visa off that if I hadn’t found a different way in the meantime.  

[SusieQQQ 11,586]

39 minutes ago, Mike E said:

For reasons I cannot  explain, derivative immigration petitions are not available for immediate relatives of U.S. citizens, whereas they are available for most (all?) categories of immediate relatives of LPRs, and most (all?) categories of non-immediate relatives of LPR. Since daughter is married and/or older than 21, she can have derivatives.

The reasons you cannot explain are that IR are unlimited immediate visa availability, whereas any F-numbered family preference petition is subject to annual quotas and the derivatives are included under those quotas. These F petitions are unmarried over 21 child of USC, spouse or any unmarried child of LPR, married children of USC, and siblings of USC.  
 

Also your phrasing  could be very confusing in a forum like this, in US immigration terms “immediate relative” is only the spouse, under 21 child or parent of a US citizen.  
 

 

[rooji 25]

On 10/14/2022 at 4:17 PM, SusieQQQ said:

The reasons you cannot explain are that IR are unlimited immediate visa availability, whereas any F-numbered family preference petition is subject to annual quotas and the derivatives are included under those quotas. These F petitions are unmarried over 21 child of USC, spouse or any unmarried child of LPR, married children of USC, and siblings of USC.  
 

Also your phrasing  could be very confusing in a forum like this, in US immigration terms “immediate relative” is only the spouse, under 21 child or parent of a US citizen.  
 

 

Thank you for that information. I learned something new today.

 

Do you know how long this process usually takes? the granddaughter is only 1.5 right now so I guess I want to know if it is going to take longer than expected or not.

 

[Boiler 45,541]

7 minutes ago, rooji said:

Thank you for that information. I learned something new today.

 

Do you know how long this process usually takes? the granddaughter is only 1.5 right now so I guess I want to know if it is going to take longer than expected or not.

 

15 years or so.

 

I doubt the Granddaughter would age out, with 5 years in hand plus likely CSPA allowance, things would have to change big time for this to be an issue.

 

[rooji 25]

7 minutes ago, Boiler said:

15 years or so.

 

I doubt the Granddaughter would age out, with 5 years in hand plus likely CSPA allowance, things would have to change big time for this to be an issue.

 

For the f3 category? so isn't it better if one of the daughter's siblings apply for her? such as my husband can apply now rather than us waiting for mother-in-law to become US citizen?

[Boiler 45,541]

3 minutes ago, rooji said:

For the f3 category? so isn't it better if one of the daughter's siblings apply for her? such as my husband can apply now rather than us waiting for mother-in-law to become US citizen?

Well F4 takes longer so might be a wash, my vote would be for everybody who can applying, good insurance.

[SusieQQQ 11,586]

25 minutes ago, rooji said:

For the f3 category? so isn't it better if one of the daughter's siblings apply for her? such as my husband can apply now rather than us waiting for mother-in-law to become US citizen?

F3 and F4 only have about a year’s difference at present - it’s been wider in the past. I’d suggest both husband applying for sibling visa now and MIL when she is able. You never know how these categories move in the future, then they can just grab whichever one comes first.