I-130 beneficiary question, parent and minor siblings

[PatGia 16]

Hi all.

 

It's been a while since I have asked a question here.

 

We are in the process of filing an I-130 for my wife's mother and her minor siblings who are 14 year old twins.

 

I've searched here and online in general, and haven't found anything specifically related, or just simply ambiguous information on filing. From the I-130 instructions, it appears that we are to file an I-130 (and pay fee) for each person, as it appears that minor siblings are not considered derivative beneficiaries. Being minor children, does it change how they are processed, as in are they processed along with the mother's I-130? It would only make sense that minor children would be processed and travel at the same time, but few things the government does seem make much sense, especially when it comes to legal immigration.

 

Can anyone offer any input or experience with this situation and/or any suggestions on how best to proceed? We are hoping to file by the end of the year or sooner if possible.

 

Thank you.

Pat

[Pinkrlion 2,715]

They are treated as individual petitions. Her mother will be approved in about 2 years. Sisters in about 15 years. 

[Crazy Cat 41,814]

I assume your wife is a US citizen.  Since no derivatives are allowed for immediate relatives of US citizens (mother, IR5 category), there will be separate I-130s for each of the 3 people.  Option:

 

1.  Wife files I-130s for each of the 3 beneficiaries.

2.  When mother immigrates to US, she then files a separate I-130 for each of the twins.

Mother's case will likely take a couple years.  The twins' cases will take considerably longer.  Sadly, they cannot immigrate together.

 

[PatGia 16]

4 minutes ago, Crazy Cat said:

I assume your wife is a US citizen.  Since no derivatives are allowed for immediate relatives of US citizens (mother, IR5 category), there will be separate I-130s for each of the 3 people.  Option:

 

1.  Wife files I-130s for each of the 3 beneficiaries.

2.  When mother immigrates to US, she then files a separate I-130 for each of the twins.

Mother's case will likely take a couple years.  The twins' cases will take considerably longer.  Sadly, they cannot immigrate together.

 

Thank you for the reply. Yes, my wife is a citizen, though we hadn’t updated here. I was hoping there was something I was missing regarding her minor brothers. 
 

Regarding the filing options, is there any difference in processing times between my wife filing the I-130 for her brothers as compared to her mother filing for them as a permanent resident? 
 

Thanks. 

[Crazy Cat 41,814]

12 minutes ago, PatGia said:

Thank you for the reply. Yes, my wife is a citizen, though we hadn’t updated here. I was hoping there was something I was missing regarding her minor brothers. 
 

Regarding the filing options, is there any difference in processing times between my wife filing the I-130 for her brothers as compared to her mother filing for them as a permanent resident? 
 

Thanks. 

 

Immigrating through Mother (after she becomes a resident), the twins might qualify under F2a category.  Immigrating through your wife as siblings, they would be F4 category.  As you can see below, there is a significant difference in time until their priority dates become current as @Pinkrlion said.  Beneficiaries with the priority dates listed are just now obtaining available visa numbers. 

 

Edited December 16, 2023 by Crazy Cat

[PatGia 16]

21 minutes ago, Crazy Cat said:

 

Immigrating through Mother (after she becomes a resident), the twins might qualify under F2a category.  Immigrating through your wife as siblings, they would be F4 category.  As you can see below, there is a significant difference in time until their priority dates become current as @Pinkrlion said.  Beneficiaries with the priority dates listed are just now obtaining available visa numbers. 

 

Ok, I wasn’t quite sure, but the F2A certainly looks to be the better option. 
 

Thank you for all of the information. 

[Crazy Cat 41,814]

2 minutes ago, PatGia said:

Ok, I wasn’t quite sure, but the F2A certainly looks to be the better option. 
 

Thank you for all of the information. 

Between F2a and F4, it is a better option.  But many people would also suggest having wife file I-130s for her siblings...as a backup.

[manyfudge 285]

Another thing to consider.  Do the twins have a father they can live with?  Have they just turned 14?

 

Fill out the i130 and i130a ASAP for mother in law.  Keep a copy of every page.

 

Select consular processing and leave the adjustment of status blank.

 

When mother in law gets here, she should file i130s for each child ASAP.

She should stay in the US, making sure to hit the 5 year period for naturalization as soon as she can.

 

If there is a possibility of become a citizen BEFORE the twins turn 21, she should take it. There is no quota for children of USC if the case is filed before they are 21.  If she cannot make that deadline, it is better to stay LPR in some states. 
 

If she marries a U.S. citizen before the twins are 18, the stepfather can file for them before they are 21.

 

Just in case something happens to her, yes, your wife should also file for sibs now.

 

 

 

[Noname93 200]

4 hours ago, manyfudge said:

Fill out the i130 and i130a ASAP for mother in law.

 

 

 

I believe 130a is only needed for marriage based petitions