Brother-in-law's first step to USA

[george lee]

hi guys and gals,

 

i have a question(s) that i like to ask, don't we all , to CFL from my brother-in-law in china and my nagging wife.

 

players are:

my brother-in-law is called A

brother-in-law's wife is called B

brother-in-law and wife's baby is called C

 

facts are:

A is married to B in china of 2011 and their baby C was born in china of 2012.

A and B are not registered as husband and wife, meaning no marriage certificate. by the way, they have to pay a fine of 10000RMB, only in china.

 

B's aunt in USA has filed immigration paper for B's family and is due for an interview this year.

B's aunt has never added A and C to the immigration paper.

my father-in-law asked B's father to add A and C to the immigration paper, but B's father said no and don't want to jeopardise their chances to USA; however, he did promised my father-in-law that A and C will be reunite with B once they are settle in USA and will file immigration paper.

A, B and C are together right now. A is working.

 

our questions:

what should A's very first important step right now?

what shoudl B do once she has settle in USA?

what is the wait time, guess it will be years?

wha is the best pratice or best approach to this problem?

what would you do?

 

we welcome all suggestions and comments, once again, i know i can count on the talented members in this forum.

 

happy chinese new year

 

 

 

[dnoblett]

A little confused, is Aunt, your in-law's parent? I don't believe a petition can be filed by an Aunt or Uncle.

 

Yes if married now, then would be considered to be a Married son/daughter which changes immigrations priority.

 

Best to first get visa as a single person, come to USA get green-card, and then return to China on a visit, and then get married. Then return to the USA and file a petition for wife and child of a Lawful Permanent Resident. The only issue is this class will take some time to get a visa number, and eventually reunited.

 

Getting married prior to getting the visa, and attempting to cover this up makes me think of this case: http://www.nytimes.com/2008/04/12/us/12naturalize.html?pagewanted=all&_r=0

[george lee]

A little confused, is Aunt, your in-law's parent? I don't believe a petition can be filed by an Aunt or Uncle.

 

Yes if married now, then would be considered to be a Married son/daughter which changes immigrations priority.

 

Best to first get visa as a single person, come to USA get green-card, and then return to China on a visit, and then get married. Then return to the USA and file a petition for wife and child of a Lawful Permanent Resident. The only issue is this class will take some time to get a visa number, and eventually reunited.

 

Getting married prior to getting the visa, and attempting to cover this up makes me think of this case: http://www.nytimes.com/2008/04/12/us/12naturalize.html?pagewanted=all&_r=0

 

hi dan,

 

thanks for the info, as always.

 

sorry for the confusions. B's aunt would be B's father's sister. aunt filed immigration paper for her brother's family, which included B.

 

 

thanks

george

[dnoblett]

Still not clear on this, how was a petition filed and accepted by USCIS?

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-130WhoMayNot1.png

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-130WhoMayNot2.png

 

An aunt/uncle are not immediate relatives, unless B's father is in the states and a green-card holder or US Citizen, and the Aunt filed this on his behalf essentially B's father filed the petition.

[dnoblett]

One other thought comes to mind, if this is a parent filing for son over age, other factors to consider.

 

If son marries and parent is only a green card holder this would invalidate petition, however if parent is a citizen then if he were to marry now the effect would be waiting a couple more years however this would net additional visas for wife and child. Up side is they would continue living together and eventually immigrate at same time.

 

If he immigrates as unmarried and then return to china and marries then returns to states and files a spouse and child petition they would have to live apart for several years while waiting for visa numbers for spouse and child.

 

Weigh the added time in the two scenarios either together or apart.

[george lee]

hi dan,

 

i read your posts and went to my wife for a definite answer.

 

it is not the aunt, it is the uncle who filed the immigartion paper. uncle immigrated to USA more then 20 years and the uncle is a US citizen. the relationship is B's father's oldest brother. the oldest brother is filing the paper for his brother and family.

 

i'm reading the 1-130's instruction on who may file form I-130, 1E states you brother(s) or sister(s) (you must be age 21 or older)

 

their interview is scheduled but keeping it hush hush, chinese thinking somebody may throw a money wrench for failure.

[dnoblett]

So this is a sibling petition case, in this case it would be beneficial to marry now, and then spouse and child will get visas as derivatives all that would be needed is to inform NVC or consulate of marital status change, provided added paperwork of the relationship, and pay the additional DS-230 fees. If he were to immigrate as single, it will take years to reunite family.

 

Brother is already in the lowest prefrence class (F4) changing marital status will not affect this.

 

 

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. (65,000)

http://travel.state.gov/visa/immigrants/types/types_1306.html#1

 

If he immigrates as single, gets green-card, then travels back to China, gets married, and then returns to the USA and files two petitions for Spouse and Child as a LPR the resulting process will net F2A Pref status process for his family. Also the added costs of filing two more I-130 petitions.

 

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)

Processing time for F2A is just over two years filing to getting a visa number.

http://www.travel.state.gov/visa/bulletin/bulletin_5856.html

 

The only thing is it now may be an issue due to having visa interview scheduled, this really should have been handled before the NVC stage.

[george lee]

thanks dan for your insight!!!