Filing for SIL under 21

[babybabeto14 10]

 Hi all,

 

It’s been a long time since I’ve been on this site or needed to file.

We would like to apply I 130 for my sister in law. She applied for a visitor visa and was denied right off the bat. I get it, she’s young and didn’t have enough proof for her to go back. 
We were warned about it and expected it, but thought just to try. 
 

She will be 21 in October (this year 2023). Anyone have any advice for documentation that will help other then passport, birth certificate and financial proof that can help her case?

 

Also how does it work if she’s still waiting and she turns 21? 
 

Thanks in advance! 

 

[powerpuff 6,680]

I’m confused. Who is petitioning her? Sibling? Parent?

[Mike E 11,739]

11 minutes ago, babybabeto14 said:

We would like to apply I 130 for my sister in law

Is her sibling a U.S. citizen?

[Boiler 45,445]

Seems the Husband naturalised so a Sibling petition. The U21 thing no doubt confused matters as it is not relevant.

[powerpuff 6,680]

Just now, Boiler said:

Seems the Husband naturalised so a Sibling petition. The U21 thing no doubt confused matters as it is not relevant.

That’s what threw me off too.

 

Age is not a factor in a sibling petition, under 21, over 21, doesn’t matter. You’re looking at about a 20 year wait regardless 

[babybabeto14 10]

Yes, my husband, who is an American citizen wants to apply for his sister who is 20 years old.
I’m not sure if I completely agree that there is a 20 year wait. 

Just looking for information/documents that would be helpful for her case.

 

Thanks. 

[Boiler 45,445]

4 minutes ago, babybabeto14 said:

Yes, my husband, who is an American citizen wants to apply for his sister who is 20 years old.
I’m not sure if I completely agree that there is a 20 year wait. 

Just looking for information/documents that would be helpful for her case.

 

Thanks. 

It could be longer but 20 is as good a guess as any. You can check the visa bulletin every few years to see how it is going.

 

The important thing is filing the I 130 and securing her place in line. 

Edited January 21, 2023 by Boiler

[powerpuff 6,680]

If you get really lucky it might be 16 years. Realistically, it’s about 20.

 

You just need to submit the standard, required documents for I-130. I’m not sure what you mean by “help her case”

[Mike E 11,739]

33 minutes ago, babybabeto14 said:

Yes, my husband, who is an American citizen wants to apply for his sister who is 20 years old

Her age matters not, other than at age 20 she will be still be a result overly young person when she gets her gc. 
 

Quote

 

.
I’m not sure if I completely agree that there is a 20 year wait.

What’s your basis for that?

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-february-2023.html
 

Cases filed 

 

22MAR07

 

are now being considered by NVC. Add another year for NVC  and consular processing and that’s:

 

2023 - 2007 + 1 = 17 years. 
 

It’s worse because if you look at the February 2018 bulletin (

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-february-2018.html

) cases filed 

 

22JUL04

 

were being considered by NVC   
 

2018 - 2004 + 1 = 15

 

So in 5 years the wait grew by 2 years. 
 

This adds 16 / 5 * 2 = 6 years to sibling petitions filed today. 

 

so 17 + 6 = 23 years: my prediction for when she will get a gc.  
 

Quote

Just looking for information/documents that would be helpful for her case.

In 22 years when it goes to NVC she need documents like police certificates, your spouse tax info, etc which would be pointless to gather now. 
 

 https://www.uscis.gov/i-130 has a checklist of documents needed today. 

Edited January 21, 2023 by Mike E

[Boiler 45,445]

I have seen much longer calculation, but we do not know how many people will die or change their mind so I have no objection with 20 but who knows.

[SalishSea 17,801]

13 hours ago, babybabeto14 said:

She applied for a visitor visa and was denied right off the bat. I get it, she’s young and didn’t have enough proof for her to go back. 

Good, because she obviously would not have gone back, as she has 100% immigrant intent.

[SalishSea 17,801]

8 hours ago, babybabeto14 said:

I’m not sure if I completely agree that there is a 20 year wait. 

Then you do not have a secure grasp on the sibling visa or the visa bulletin.

[Cathi 5,746]

14 hours ago, babybabeto14 said:

Yes, my husband, who is an American citizen wants to apply for his sister who is 20 years old.
I’m not sure if I completely agree that there is a 20 year wait. 

Just looking for information/documents that would be helpful for her case.

 

Thanks. 

You can disagree all you want but facts are facts. The waiting time in the sibling category is minimum 20 years and for other countries, it's much, much longer.

[Crazy Cat 41,811]

17 hours ago, babybabeto14 said:

I’m not sure if I completely agree that there is a 20 year wait. 

We completely agree that it will be at least 15 years.  

[SteveInBostonI130 3,432]

The wait will be about 20 years.  Her category will be F4.

 

The silver lining is that she can get married and have children.  F4 allows derivatives so her spouse and children can immigrate with her when her visa number becomes available.

 

In the meanwhile, she should try for the diversity visa (lottery) if she's eligible.