Iv application question (Merged Threads)

[Poseidon182 0]

Hello everyone,

My grandfather is a US citizen, he did apply for my mother back  in 2013 and her case is at the NVC already.

yesterday, i proudly became a US citizen myself, my question is: does it hurts to apply for my mother as a new petitioner while she did already have a case with NVC ?

I am planning to apply for her myself because she will be here in a shorter duration than she would based on my Grandfather petition.

 

your inputs are highly appreciated ! Thanks

Edited December 10, 2023 by Crazy Cat

[Mike E 11,739]

2 minutes ago, Poseidon182 said:

Hello everyone,

My grandfather is a US citizen, he did apply for my mother back  in 2013 and her case is at the NVC already.

yesterday, i proudly became a US citizen myself, my question is: does it hurts to apply for my mother as a new petitioner while she did already have a case with NVC ?

It doesn’t hurt and you should do it. 
 

She can be the beneficiary of  multiple concurrent petitions.  

[Boiler 45,445]

Yes you can

[Dashinka 24,480]

Congrats on your naturalization completion.

 

I agree with @Mike E and @Boiler, send in the I130 before the fee increases.

[JeanneAdil 6,489]

Congratulations on becoming a USC

[Poseidon182 0]

Hey Everyone, quick question.

 

My grandfather petitionned my mother 10 years ago. He is a US citizen, her papers are still in process,  however i got my citizenship this year, i petionned her again, USCIS step done, now in NVC IV application, there is a question about family members, my youngest brother was included in the original petition 10 years ago with my mom, there is a question asking if he wants to follow her and immigrate later to the US, should i answer yes here ?

[Crazy Cat 41,811]

36 minutes ago, Poseidon182 said:

Hey Everyone, quick question.

 

My grandfather petitionned my mother 10 years ago. He is a US citizen, her papers are still in process,  however i got my citizenship this year, i petionned her again, USCIS step done, now in NVC IV application, there is a question about family members, my youngest brother was included in the original petition 10 years ago with my mom, there is a question asking if he wants to follow her and immigrate later to the US, should i answer yes here ?

He cannot follow her based on your petition or her IR-5 DS-260.  I would answer "No". 

Edited December 10, 2023 by Crazy Cat

[Crazy Cat 41,811]

***Threads regarding OP petition of parent merged***

- VJ Moderation

[Poseidon182 0]

Thank you so kuvh for your input, i have another question, i had a twins in august 2023 (4 months ago), they were not included on the tax form last year. They will be included this year,  should i add them to form I864 household size ?

[Crazy Cat 41,811]

3 minutes ago, Poseidon182 said:

Thank you so kuvh for your input, i have another question, i had a twins in august 2023 (4 months ago), they were not included on the tax form last year. They will be included this year,  should i add them to form I864 household size ?

Yes.

[jan22 3,049]

And, i belIeve her entering on a parent visa (IR-5) will also close out the opportunity of her son being a derivative on the petition your grandfather filed. He cannot be a derivative if there is no longer a principal applicant.  Your mother will have to start fresh and file a new I-130 for her son (your brother) after she enters the US as an LPR.

 

Is your mother married or unmarried?  If unmarried and your grandfather filed for his unmarried daughter over 21 in 2013 (i.e., 10 years ago), her priority date is current and that visa could be processed and her son could come with her or follow her as a derivative.  How old is your brother?   If your brother has aged out, and would no longer qualify as a derivative, it doesn't matter what visa your mother uses to enter the US -- it would require a new petition.

Edited December 10, 2023 by jan22

[Crazy Cat 41,811]

5 minutes ago, jan22 said:

He cannot be a derivative if there is no longer a principal applicant. 

Correct.  

[Poseidon182 0]

I appreciate your input guys !

 

Any idea what would the processing time being if she applied form I130 as a LPR for my brother (unmarried son of her above 21 years old - he is 23 )

[jan22 3,049]

10 minutes ago, Poseidon182 said:

I appreciate your input guys !

 

Any idea what would the processing time being if she applied form I130 as a LPR for my brother (unmarried son of her above 21 years old - he is 23 )

How long did it take for USCIS to approve the petition filed by your grandfather for your mother? Depending on how long that took, your brother may or may not have aged out of being a derivative on that petition for your mother.  Worth checking to see if his CSPA age is under 21.

 

If your mother files a new I-130 for him after she enters as an LPR, it will be at least 10 years before a visa number will be available and he can apply for the visa. The current Priority Date (PD) for that category is 22 September 2015 -- so people who filed eight years ago are just now being processed for visas.  The PD for the category does not advance a full year during any calendar year, so people filing now will be waiting more than 8 years. It's a guess, but I would think 10-12 years is a reasonable guess.  And, of course, he needs to remain unmarried.