EB-2 family application

[Dr_Eng_X 0]

For a Canadian family consisting of a husband, wife and children. The husband is thinking of applying EB2 to get his green card should he apply for the whole family or should he wait since the family will stay to test the waters and make the move gradual (children go to Canadian schools and there is a newborn). Does it take long to apply for wife and children if he didn't apply for them in the initial application? Looking for your inputs, thoughts and experiences

Edited July 14, 2023 by Dr_Eng_X

[JeanneAdil 6,489]

research the cost

the I 140 and cost are a lot for wife and children

Family of EB-2 Visa Holders

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.

 

I would come on the EB visa adjust status in US to green card and apply as LPR for wife as the kids would be derivaties saving a substantial sum of money (till USCIS raises the AOS fees)

[Dr_Eng_X 0]

2 minutes ago, JeanneAdil said:

research the cost

the I 140 and cost are a lot for wife and children

Family of EB-2 Visa Holders

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.

 

I would come on the EB visa adjust status in US to green card and apply as LPR for wife as the kids would be derivaties saving a substantial sum of money (till USCIS raises the AOS fees)

Thanks for the bright idea! Tell me about that savings

[manyfudge 285]

24 minutes ago, JeanneAdil said:

research the cost

the I 140 and cost are a lot for wife and children

Family of EB-2 Visa Holders

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.

 

I would come on the EB visa adjust status in US to green card and apply as LPR for wife as the kids would be derivaties saving a substantial sum of money (till USCIS raises the AOS fees)

I disagree.  There is a HUGE F2A backlog.

 

Could take years and years for them to reunite.  EB2 and have the family follow him within the year. And the Montreal consulate is as slow as molases.

 

 

Edited July 14, 2023 by manyfudge

[Dr_Eng_X 0]

24 minutes ago, manyfudge said:

I disagree.  There is a HUGE F2A backlog.

 

Could take years and years for them to reunite.  EB2 and have the family follow him within the year. And the Montreal consulate is as slow as molases.

 

 

Is there a need to show money or sponsorship ability if family application was simuletaneous or not? 

[manyfudge 285]

6 minutes ago, Dr_Eng_X said:

Is there a need to show money or sponsorship ability if family application was simuletaneous or not? 

No, there is not.   Another advantage to immigrating together.

Remember that there is time for them to finish school.  He can go first and they can finish school and then move.

 

Is he doing self-petition EB2 NIW? 

 

[Boiler 45,445]

Everything suggests NIW

 

There may be a reason to do the family in 2 stages but I can not think of one

[Boiler 45,445]

If you want to test the waters a TN is quick and cheap

[Dr_Eng_X 0]

14 hours ago, manyfudge said:

No, there is not.   Another advantage to immigrating together.

Remember that there is time for them to finish school.  He can go first and they can finish school and then move.

 

Is he doing self-petition EB2 NIW? 

 

if there is no need to show that the husband is able to sponsor the family and children (under age) "confused!" when saying another advantage to immigrating together then he can go first and they can...

which do you advise?

he might self-petition EB2 NIW if job didn't sponsor

[Dr_Eng_X 0]

 

15 hours ago, Boiler said:

If you want to test the waters a TN is quick and cheap

Agree

[manyfudge 285]

With all due respect to @JeanneAdil, a work-based petition is something else entirely.  Different from family-based petitions.

 

When an employer sponsors a worker for green card, an i-140 petition is filled out.  Here is the form.  This is the same form used for a self-petitioned green card as well (EB2-NIW and EB1-A).

 

https://www.uscis.gov/sites/default/files/document/forms/i-140.pdf

 

The entire family MAY be listed here for free.  Note that each member of the family may have consular processing OR adjustment of status picked.  If the i-140 MAIN beneficiary is in the US, he can pick adjustment of status while the family can pick consular processing.  This is beneficial to “insert” a delay for the family members.  Montreal consulate is very slow and it can take almost 2 years before family members are processed.  So the process itself can give the family time to finish school and do whatever they need to do.

 

Each person in the petition has to pay i-485 fee (if in US) or DS260 fee.  485 - $1140, DS260 $325.  Everyone needs a medical in all situations so I won’t bother mentioning this.

 

Ok, say you didn’t put in your family members and you have an approved i-140.  Once you have obtained green card approval, whether it is entering the U.S. on an immigrant visa OR i485 approval, you can apply for your spouse and children under 21 to follow.

 

https://fam.state.gov/FAM/09FAM/09FAM050201.html

 

The assumption is that they are abroad.  If they are not abroad, they would have filed i-485 at the same time as you.  Does not mean that they can come within the year.

 

You file an i-824 for each derivative. $465.  Maybe don’t have a child after green card is granted before family members can join, this then gets complicated.

 

Then DS260s for each.

 

i-140 petitions do not require i-824 affidavit of support unless your relative owns 5% or more of the business.

 

Now I will move on to filing i-130 if for whatever reason you did not want your family moving within 3 years (i-824 can take a year and then crazy Montreal wait).

 

I believe the saving of fees mentioned is due to LPRs needing only to file ONE i-130 for the family, as the spouse can have derivatives. $535.

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

 

you would be waiting years, if not a decade in F2A category.

 

Yes, there would be i-864 (affidavit of support required).

 

I think it is not worth saving the multiple i-824s vs one i-130.

 

If you really want a delay, just pick consular processing for your family.

 

Another thing to consider is that consulates abroad can put your family into administrative processing and indefinite limbo.  
 

Personally, I would advise getting green cards all at once together.  They can apply for reentry permits to finish school.

 

 

 

 

 

 

 

 

 

 

 

Edited July 15, 2023 by manyfudge

[Dr_Eng_X 0]

Let me first thank you for the post, I have read the post several times trying to fully understand it. I have also tried to do some reading about the different forms. However, due to my lack of knowledge I get confused easily.

Let me tell you what I understood

The first step is filling i-140 whether it is NIW or through employer (job) and I would have to list all family members (as part of i-140 form). In part 7 of i-140, you can pick for each family member adjustment of status or applying for Visa abroad or neither (however I don't think this makes any sense)

Since not applying for family members didn't make sense (i.e. not picking adjustment of status or consular) the following was not easy for me to understand

Note: the whole family members are Canadians

On 7/15/2023 at 8:16 AM, manyfudge said:

Ok, say you didn’t put in your family members and you have an approved i-140.  Once you have obtained green card approval, whether it is entering the U.S. on an immigrant visa OR i485 approval, you can apply for your spouse and children under 21 to follow.

 

https://fam.state.gov/FAM/09FAM/09FAM050201.html

 

The assumption is that they are abroad.  If they are not abroad, they would have filed i-485 at the same time as you.  Does not mean that they can come within the year.

 

You file an i-824 for each derivative. $465.  Maybe don’t have a child after green card is granted before family members can join, this then gets complicated.

 

Then DS260s for each.

 

i-140 petitions do not require i-824 affidavit of support unless your relative owns 5% or more of the business.

 

Now I will move on to filing i-130 if for whatever reason you did not want your family moving within 3 years (i-824 can take a year and then crazy Montreal wait).

 

I believe the saving of fees mentioned is due to LPRs needing only to file ONE i-130 for the family, as the spouse can have derivatives. $535.

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

 

you would be waiting years, if not a decade in F2A category.

Thanks again

Edited July 17, 2023 by Dr_Eng_X

[Boiler 45,445]

In the US employment petitions are normally handled by immigration Lawyers.

[manyfudge 285]

On 7/17/2023 at 1:51 PM, Dr_Eng_X said:

Since not applying for family members didn't make sense (i.e. not picking adjustment of status or consular) the following was not easy for me to understand

Note: the whole family members are Canadians

So yes, you can choose to not have your family included, by picking neither consular or adjustment of status.

 

why? Simple example - what if you were married to a U.S. citizen (but chose not to go the marriage route - happens) or have US born kids (common) - then you would not pick either types of processing for them.

Another example - you acquire wife or child after i140 is filed but before you acquire your visa.

 

 

I was just alluding to what another poster said of leaving them behind and sponsoring them once you are a PR.

 

 

 

 

Edited July 18, 2023 by manyfudge

[Dr_Eng_X 0]

On 7/14/2023 at 1:50 PM, manyfudge said:

No, there is not.   Another advantage to immigrating together.

Remember that there is time for them to finish school.  He can go first and they can finish school and then move.

 

Is he doing self-petition EB2 NIW? 

 

Yes, NIW