Choosing the Consulate for a dual citizen sister in the I-130

[SoCalJorge 0]

We want to file a petition (I-130) for my sister in law, my wife's sister. My wife is a US Citizen now, and her sister was born in Mexico but also holds Spanish citizenship (their parents are both Spaniard). Her sister (Benficiary) resides in Mexico right now. 

 

We were wondering if we could indicate in 62.a,b,c the US Consulate in Madrid since the Dates for Filing for Family-Sponsored Adjustment of Status Applications for non-Mexico contries is sooner than for Mexico: 

 

 

The difference is 7 hears between 01MAR08 to 15APR01

 

However, we are wondering if the country of chargeability has to be the birth country, in this case Mexico. 

 

 

[Crazy Cat 41,885]

You said the sister is outside the US.  Adjustment of Status is not applicable for this case. Table B is not applicable here.  Look at Table A. 

Edited February 6 by Crazy Cat

[appleblossom 2,546]

21 minutes ago, SoCalJorge said:

We want to file a petition (I-130) for my sister in law, my wife's sister. My wife is a US Citizen now, and her sister was born in Mexico but also holds Spanish citizenship (their parents are both Spaniard). Her sister (Benficiary) resides in Mexico right now. 

 

We were wondering if we could indicate in 62.a,b,c the US Consulate in Madrid since the Dates for Filing for Family-Sponsored Adjustment of Status Applications for non-Mexico contries is sooner than for Mexico: 

 

 

The difference is 7 hears between 01MAR08 to 15APR01

 

However, we are wondering if the country of chargeability has to be the birth country, in this case Mexico. 

 

 

 

It's nothing to do with the consulate, it's your sister-in-law's country of birth that is relevant to the Visa Bulletin/PD. AFAIK (I'm sure somebody else will correct me if I'm wrong), cross-chargeability would only apply to her spouse's country of birth, she can't use her parents. Only derivatives can use their parents country, so she'll come under the Mexico column unless she has a spouse born elsewhere.

 

 

 

Edited February 6 by appleblossom

[SoCalJorge 0]

12 minutes ago, Crazy Cat said:

You said the sister is outside the US.  Adjustment of Status is not applicable for this case. Table B is not applicable here.  Look at Table A. 

 

Thanks for your response.

 

Which Table A, I got those from this page: 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-96

 

Which page and Table A are you referring to? 

[SoCalJorge 0]

12 minutes ago, Crazy Cat said:

Where were her parents born?

 

Thanks for your response. 

 

Both parents were born in Spain. My wife and her sister were born in Mexico. 

 

[Crazy Cat 41,885]

10 minutes ago, SoCalJorge said:

 

Thanks for your response.

 

Which Table A, I got those from this page: 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-96

 

Which page and Table A are you referring to? 

From the Visa Bulletin.  Adjustment of Status applies only to applicants who are already in the US.  Sister is outside the US.  The sister will be applying for a visa, not adjustment of status....in about 20 years.   Table A indicates when F4 visa category petitions become current.

Step 1:  Submit the I-130

Step 2:  Wait about 20 years (or until Priority date becomes current).

 

Visa Bulletin For February 2024 (state.gov)

Edited February 6 by Crazy Cat

[Boiler 45,525]

A.  FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

 

 

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	01JAN15	01JAN15	01JAN15	01MAY01	01MAR12
F2A	08FEB20	08FEB20	08FEB20	01FEB20	08FEB20
F2B	01OCT15	01OCT15	01OCT15	22OCT03	22OCT11
F3	22APR09	22APR09	22APR09	08SEP98	08JUN02
F4	22MAY07	22MAY07	15NOV05	15SEP00	15OCT02

Just now, Crazy Cat said:

From the Visa Bulletin.  Adjustment of Status applies only to applicants who are already in the US.  The sister will be applying for a visa, not adjustment of status....in about 20 years. 

More like 50, 24 now.

[appleblossom 2,546]

7 minutes ago, SoCalJorge said:

 

Thanks for your response.

 

Which Table A, I got those from this page: 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-96

 

Which page and Table A are you referring to? 

 

That's not relevant to your sister-in-law, as she cannot adjust status. It's Table A on the Visa Bulletin that you need to look at, it's released monthly so you can keep an eye on it and see if the date moves, but as said above, it's going to be decades before she's eligible for a visa anyway. So best to just file asap and then forget about it for a while. 

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-february-2024.html

[SoCalJorge 0]

Thahnk you @Boiler and @Crazy Cat I hadn't seen that page. That makes sense. 

[Crazy Cat 41,885]

38 minutes ago, SoCalJorge said:

We want to file a petition (I-130) for my sister in law

I should have said Welcome to Visa Journey.  Sadly, US immigration is a long process....especially for siblings....and even longer for some countries.