Best plan for extended family immigration

[credzba]

My wife and I have been in America 6 years, and we, like many others, are concerned for our extended Chinese family with the pollution there.

 

My wife does not want to become a citizen, at least not yet, but we would like to get our extended family applications for immigration in the queue.

 

Is it a reasonable strategy to go ahead and apply for their immigration process, even though my wife is only a permanent resident, and then when she becomes a citizen will her family jump to their place in the citizenship family queue ?

 

Would it be better if she became a citizen before applying?

 

My niece is 12, I am thinking that if we applied now, and they made it over before she turned 21, she could come on their visa, otherwise she would have to get applied for by them, potentially many more years.

 

Anyone thought this through, and have a good strategy?

[Randy W]

Yes - their preference category can be upgraded when your wife becomes a citizen by sending a letter to the USCIS office or NVC (whoever is processing the petition at the time). Include the citizenship certificate and a copy of the I-130 approval notice.

[dnoblett]

A few points, an LPR can only file petitions for certain relatives, I believe filing for relatives that a citizen can file for would be rejected due to no basis for the petition.

 

Relatives an LPR can file petitions for are:

• Spouse of LPR
• Minor children of the LPR

Relatives a US Citizen can file for:

• Spouse
• Parents
• Step children, if relationship was established prior to age 18
• Minor children of US Citizen
• Unmarried children of US Citizen
• Married children of US Citizen
• Siblings of US Citizen

Would not be able to file a petition for Aunt, Uncle, Niece, Nephew, Grand parents, cousins, or in-laws.

 

To immigrate niece, nephew, or brother/sister-in-law of US Citizen the US Citizen would file for sibling, then sibling's family would be included, only caveat will be the ages of niece/nephew upon sibling petition approval, they could very well have aged out before an immigrant visa number could be assigned, in which case sibling would then need to file petition for the child niece/nephew after sibling gets green card after immigrating to the states.

 

Yes if an LPR filed for their child, they can change priority class after becoming a US Citizen, also if after becoming a US Citizen, should the child marry, the child's family would be included, however the marriage would also change the priority class.

 

More on this:

http://candleforlove.com/forums/tags/forums/Family%2BImmigration/

 

http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html#1

[credzba]

Thanks that is what I needed to know.

[dnoblett]

I will add the list of who cannot file an I-130 petition as stated in the I-130 instructions.

 

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

 

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

[credzba]

After review with the family, it is just not worth the time/trouble.

We'll all move to some other country.