Hi everyone. It's been a while since I've been here. I brought my wife over last year from Colombia on a K1 visa. Could not have done it without this site and its people.

Here's what's going on:

My wife's mother has lived here for about 7 or 8 years. She came here, divorced and remarried an American Citizen (out of love, of course) and has since become a permanent resident. She's been a PR for about 2 years now.

Her son, who is my wife's brother, is alone in Colombia. He's about 32 but is alone and severely depressed since I brought his sister over and he's by himself now. The father was abusive and left the family a long time ago.

I want to help my Mother -in law petition for her son via the I-130 form. Her son in Colombia, is unmarried and wants to desperately be with his family, as does his Mother here in the US. I've heard and read various things regarding timelines for this, which brings me to question #1:

1. Will it really take 5 years to await approval to bring him over?

And my second question, which I would appreciate anyone's input/opinion on:

2. Will the fact that he is clinically depressed due to the fact that he is without his family HELP or HURT his case? At first I thought it will help if we get a doctor's note, but others have told me that this might HURT our case since he may become a "public charge" since he's depressed.

I appreciate all your help!

Thanks!
John

p.s. and yes one day i will try to update my timeline...

She should file now as a PR and upgrade her petition when she gets Citizenship.

Time, best guess 8 to 10 years.

His current medical condition is not relevant, as far as I know if he still has clinical depression it will not bar him from obtaining a visa. Hopefully he will have recovered by then.

WOW! 8-10 Years! That is a long time...I thought that it would be quicker since it's her son and she's a first or second "priority."

He will not be a public charge, because your mother-in-law and/or co-sponsor will have to sign Affidavit of Support.

As a permanent resident filing for unmarried son (2B) the current priority date is 1 Oct 97 -- about 10 1/2 years.
If she were a citizen the priority date for unmarried son (1) is 15 May 01 -- about 6 years.
If she applies for citizenship in 3 years and upgrades the petition, she could shorten the overal wait to less than 10 years.

According to the latest visa bulletin it looks like it would take about 10 years:

http://travel.state.gov/visa/frvi/bulletin...letin_3219.html

Like someone said above she can file the I-130 right now and then she should definitely try to get her citizenship in a year if she's still married, or in 3 years if she's divorced. Once she becomes a USC she can upgrade her petition. You have nothing else besides those 2 options.