Race against Time

[Zachary And Lychee]

Hello fellow CFLers... it's almost that time - time for my wife to apply for her citizenship. She can apply at the beginning of next year, but here's the deal:

 

As soon as she gets her citizenship... she will be applying for her parents and sister to come over...

 

The catch: Her sister turns 21 near the end of next year.

 

My understanding is: Sibling < 21 = immediate because they apply with parents as dependent -- Sibling > 21 = very very long wait (i.e. 5 - 12 years depending on country)

 

The $1,000,000 question: If we apply before she's 21, would she qualify as a dependent even after she turns 21 because of the application date?

 

If the answer is no... then she'd be stuck in China alone because her parents need to see their grandson but the consulate refuses to give her a visitor visa because they don't make enough money. Your advice/wisdom/thoughts/comments/snide remarks are welcome.

[warpedbored]

You can apply 90 days prior to 3 years from the issue date of her original green card. As for sis, if she turns 21 before the interview she's SOL. The timeline for US citizenship varies from one local service center to another. Ours was about 6 months.

[dnoblett]

I don't believe there is a derivative (Dependent visa) based on an IR-5 parent visa.

 

Two scenarios I know of are:

1. Become citizen, apply for parent's IR-5 visa, parents get visa, enter the USA and file an I-130 for child dependent, which falls under F2A priority class if dependent child is less than 21 years old, and F2B if over 21 years old at priority date. (Typically priority date is set a few days after USCIS receives the I-130 Petition) for example F2A's current priority is from April this year, and F2B is April 2005) (6 months or 5 years)
2. Become citizen, apply for parents IR-5, and sibling's as F4 priority, then as soon as a parent enters the USA see about upping the petition to F2A. (Not sure if this would fly though) (F4 priority date is currently Dec 01 (Approx 9 years))

[dnoblett]

Similar Q & A

 

http://answers.yahoo...16083019AAmf0so

 

Question:

 

My sister (a US Citizen) filed a petition (form I-130) for my parents, I am under 21 yrs. can I go with them?

I just wanted to know if I could go with my parents once the visa has arrived or if i need a separate petition and that if I can't go with them. Pls. Answer back

• 3 years ago

Additional Details

I'm only 18 years old

The petition is under process and has just been approved last february..

that petition is just meant for my parents.. but what i wanted to know is that as a dependent to my parents could I be eligible to go with them into the US once the visa has arrived?

 

Answer:

 

Possibly, but keep in mind that F4 petitions take a minimum of 11 years at this point before they are valid for use to immigrate into the US. 22 years, if you are Filipino. You would have to remain single in order to retain any eligibility to go as your parents' dependent.

 

Edit: Sorry, but I see I misread your original question. It's your sister who is the US citizen, not your parents' sister, or your aunt. She has to file separate IR-5 petitions for them, but those petitions don't cover you. IR or immediate relative petitions only cover the one person they were filed for. There are no derivative beneficiaries, or dependents. She would have to file a separate petition for you and that would be an F4 and would take 11 years or more.

 

However, once your parents arrive, they could file an F2 petition for you and that should go faster. But, you can't directly benefit from their current petition.

[Zachary And Lychee]

You can apply 90 days prior to 3 years from the issue date of her original green card. As for sis, if she turns 21 before the interview she's SOL. The timeline for US citizenship varies from one local service center to another. Ours was about 6 months.

 

I understand that... and I think you answered my question, but just to clarify:

 

If my wife gets her citizenship and applies for her sister before her sister turns 21... then she's on fast street to the US--correct?

 

• Wife can apply for citizenship in March
  
• Sister's 21st birthday is end of October.
  
• March + 6 months = September
  
• Pray we get citizenship test done by October and before her b-day and drive the papers to the service center to apply for her sis(haha exaggeration... maybe)
  

Edited October 18, 2010 by Zachary And Lychee (see edit history)

[dnoblett]

You can apply 90 days prior to 3 years from the issue date of her original green card. As for sis, if she turns 21 before the interview she's SOL. The timeline for US citizenship varies from one local service center to another. Ours was about 6 months.

 

I understand that... and I think you answered my question, but just to clarify:

 

If my wife gets her citizenship and applies for her sister before her sister turns 21... then she's on fast street to the US--correct?

 

• Wife can apply for citizenship in March
• Sister's 21st birthday is end of September.
• March + 6 months = September
• Pray we get citizenship test done by September and before her b-day and drive the papers to the service center to apply for her sis(haha exaggeration... maybe)

No, because a sibling is always considered to be F-4 class no matter what age. If parent files the I-130 after they get green-card, then sister would be classed F2A (If under 21 when priority date comes up) or F2B if 21 before priority date.

[Zachary And Lychee]

I thought I read somewhere that you file for the parents and their dependents (under 21) together... because if you apply for just the parents... and then apply for the children after the parents get approval... then the parents would have to wait possibly another year or so before they could come because they're waiting for their children to get approved....

[Zachary And Lychee]

It just seems to me that it's similar to applying for a spouse with children because they can't come over here without their dependents (leaving kids in china) and then apply so it makes sense to apply for them together.

[dnoblett]

I thought I read somewhere that you file for the parents and their dependents (under 21) together... because if you apply for just the parents... and then apply for the children after the parents get approval... then the parents would have to wait possibly another year or so before they could come because they're waiting for their children to get approved....

Only three family based visa types I know of that allow a child depende of benificiary a derivitive visa without a seperate petition for thc dependent child are:

• K-1 Fiancee, Derivative is K-2
• K-3 Spouse, Derivative is K-4 (However the K-4 child will need an I-130 petition filed by step parent to adjust status)
• (Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age.)

[Zachary And Lychee]

That's not much incentive to do things legally... coming from an economic standpoint, that is.

Click for something I'm sure you saw...

Edited October 18, 2010 by Zachary And Lychee (see edit history)

[dnoblett]

That's not much incentive to do things legally... coming from an economic standpoint, that is.

Click for something I'm sure you saw...

Oh yes seen that one before. Sums it quite accurately.

 

http://reason.com/assets/db/07cf533ddb1d06350cf1ddb5942ef5ad.jpg

[dnoblett]

That's not much incentive to do things legally... coming from an economic standpoint, that is.

Click for something I'm sure you saw...

One suggestion I tend to make in cases like this is to seriously look into colleges in the USA for them, and perhaps if it works out they get a student visa and who knows while attending the college they find "true love" (AOS based on marriage to US Citizen) or perhaps get recruited by an employer willing to sponsor them.

[Zachary And Lychee]

That's not much incentive to do things legally... coming from an economic standpoint, that is.

Click for something I'm sure you saw...

One suggestion I tend to make in cases like this is to seriously look into colleges in the USA for them, and perhaps if it works out they get a student visa and who knows while attending the college they find "true love" (AOS based on marriage to US Citizen) or perhaps get recruited by an employer willing to sponsor them.

 

Yeah, I know. But she has another strike against her... she's Fujianese.