I'm an American citizen petitioning I-130 for my mother, if the petition is approved, can she bring my minor sister?

[Architect2020 4]

I'm a 22-year-old American citizen who has never lived in the US; I live abroad. I plan to petition I-130 for my family. Here is a list of my specific questions:

 

1. Will I be able to petition I-130 considering that I have never lived in the States and never filed taxes? I do have an aunt who lives in the States, Texas to be exact, that can serve as a sponsor.
2. If I petition for my mom, dad, and minor sister (13 years old), do I have to fill out separate applications for each one of them and pay fees for each application?
3. If I decide to petition for my minor sister, will I be able to do so considering she is only 13 years old?

 

Thanks in advance!

 

[Crazy Cat 41,804]

1.  You must either live in the US or have concrete plans to relocate to the US.  You also must have filed taxes for the 3 most recent tax years (assuming income is above the filing threshold).  Your Aunt can serve as a Joint Sponsor, but that does not negate the need for your domicile or tax situation.

2.  You fill out an I-130 for each person (3).  Your sister will NOT be able to immigrate with your parents.  They are different visa categories.  Through you, it will take 20+ years for sister to immigrate to the US.

3.  See #2 above.

Edited July 17 by Crazy Cat

[appleblossom 2,435]

8 minutes ago, Architect2020 said:

I'm a 22-year-old American citizen who has never lived in the US; I live abroad. I plan to petition I-130 for my family. Here is a list of my specific questions:

 

1. Will I be able to petition I-130 considering that I have never lived in the States and never filed taxes? I do have an aunt who lives in the States, Texas to be exact, that can serve as a sponsor.
2. If I petition for my mom, dad, and minor sister (13 years old), do I have to fill out separate applications for each one of them and pay fees for each application?
3. If I decide to petition for my minor sister, will I be able to do so considering she is only 13 years old?

 

Thanks in advance!

 

 

1. Yes. Presumably the plan is for you all to move, you intend to move to the US as well? Be aware that as a USC you should be filing tax returns if you earn enough, regardless of where you live in the world. And you'll have to be sponsor, but your aunt can be a joint sponsor if you don't earn enough. 

2. Yes.

3. You can, but it'll take 20+ years for her to get a visa. 

Edited July 17 by appleblossom

[appleblossom 2,435]

Also, just out of interest, how are you a USC if you've never lived in the US and your parents aren't?

[.yana 597]

 

8 minutes ago, appleblossom said:

Also, just out of interest, how are you a USC if you've never lived in the US and your parents aren't?

Mother gave birth on US soil, acquired citizenship for the child, returned to her country with the baby.

 

[appleblossom 2,435]

20 minutes ago, .yana said:

 

Mother gave birth on US soil, acquired citizenship for the child, returned to her country with the baby.

 

 

He says he's never lived in the US though, which is what piqued my interest. Maybe he means just as an adult but he did live there as a baby, so that could well be it. 

[Liam2021 582]

16 minutes ago, appleblossom said:

 

He says he's never lived in the US though, which is what piqued my interest. Maybe he means just as an adult but he did live there as a baby, so that could well be it. 

Nothing complicated. Mother not USC, but travel to US and give birth on US soil. After birth, the baby get US's birth cert, a US passport, and second passport from the home country.

[top_secret 2,401]

It would probably WAY faster for your sister if you petition your parents and then when they arrive have them petition your sister as F2A.  If she is 13 it seems there is still a decent chance it could be done before she ages out.

[appleblossom 2,435]

11 minutes ago, Liam2021 said:

Nothing complicated. Mother not USC, but travel to US and give birth on US soil. After birth, the baby get US's birth cert, a US passport, and second passport from the home country.

 

Yes, I'm aware of how it works if the OP was born in the US. But he says he's never lived there, hence my query. It was just out of interest folks! 

[.yana 597]

5 minutes ago, appleblossom said:

 

Yes, I'm aware of how it works if the OP was born in the US. But he says he's never lived there, hence my query. It was just out of interest folks! 

Staying for a couple of months at most & leaving shortly after being born hardly qualifies as "living in US" doesn't it?

[appleblossom 2,435]

42 minutes ago, .yana said:

Staying for a couple of months at most & leaving shortly after being born hardly qualifies as "living in US" doesn't it?

 

And it may be as easy as that, or it may not, hence my enquiry. It was a simple question directed to OP, I wasn't asking for people to speculate or try and answer on his/her behalf.

[Architect2020 4]

Yes, my mother was visiting her sister in the US for two weekes (my aunt) and gave birth to me. This was unintentional as I was delieverd premature (two months befor the due date). So the a two-week trip ended to be a six-week trip  

 

I have an additional question; if my mom and dad were to obtain the Green Card through the I-130 process, How often can they leave the States? And what is the maximum allowed time they can spend outside the States. 

[appleblossom 2,435]

1 minute ago, Architect2020 said:

Yes, my mother was visiting her sister in the US for two weekes (my aunt) and gave birth to me. This was unintentional as I was delieverd premature (two months befor the due date). So the a two-week trip ended to be a six-week trip  

 

I have an additional question; if my mom and dad were to obtain the Green Card through the I-130 process, How often can they leave the States? And what is the maximum allowed time they can spend outside the States. 

 

Thank you for clarifying. I have a friend who was born to US parents but then adopted to his current parents who are British, an interesting scenario. 

 

Once they're permanent residents, they're expected to make the US their home. One of them could apply for a re-entry permit which would allow them to leave for up to 2 years, but that still wouldn't be enough time for your sister to get a visa. Maybe the best thing to do is wait until your sister is older and can be left, and then you petition for them, and they in turn for her? Only downside of that is that she'd probably be classed as F2B rather than F2A which has an even longer wait. 

[Crazy Cat 41,804]

5 minutes ago, Architect2020 said:

Yes, my mother was visiting her sister in the US for two weekes (my aunt) and gave birth to me. This was unintentional as I was delieverd premature (two months befor the due date). So the a two-week trip ended to be a six-week trip  

 

I have an additional question; if my mom and dad were to obtain the Green Card through the I-130 process, How often can they leave the States? And what is the maximum allowed time they can spend outside the States. 

Where do you currently reside?

[Architect2020 4]

I reside in Egypt! The reason I'm asking about the frequency and maximum duration my parents can leave is that they still have a business to manage in Egypt. They would likely sell the business in the long run once they completely settle in the States. If they end up selling their business in a rushed manner, there will be negative financial consequences.