Petitioning Siblings

[Leah 1]

Hello Everyone,

I will be a US citizen in a month or so. I am planning on petitioning my brother who is 18 yrs old and my sister who is exactly 21yrs old. They are both unmarried. I am from the Philippines, and I am wondering how many years does it take before the visa is available for them.

Also, my other option to make it faster is to petition my parents first and then they can petition my brother and sister when they get there PR. But, I am worried because my parents won't be working here , so they will not have an income or and ITR to show. Instead, me and my husband will support them or they will be our dependent.

What is the best option to do first...petioning my siblings or my parents first?

Thanks, any reply is highly appreciated

[baljit 0]

Hello Everyone,

I will be a US citizen in a month or so. I am planning on petitioning my brother who is 18 yrs old and my sister who is exactly 21yrs old. They are both unmarried. I am from the Philippines, and I am wondering how many years does it take before the visa is available for them.

Also, my other option to make it faster is to petition my parents first and then they can petition my brother and sister when they get there PR. But, I am worried because my parents won't be working here , so they will not have an income or and ITR to show. Instead, me and my husband will support them or they will be our dependent.

What is the best option to do first...petioning my siblings or my parents first?

Thanks, any reply is highly appreciated

parents bcz for siblings it take longer than parents

[Boiler 45,670]

Petition all of them.

[aaron2020 11,651]

See the Visa Bulletin to see how long Filipinos have been waiting for visas. http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

You have several choices. You can take one of them or take both. A person can have multiple petitions at the same time.

1. You, the US citizen, petitions for your siblings (F4 family preference category cases). The current wait is 22-23 years. Does not matter if they get married. Their spouses and unmarried children under age 21 will be eligible for visas as derivative beneficiaries. You and the petitioned sibling must be alive in 22-23 years in order for that sibling and his/her family to be eligible for visas.

2. You, the US citizen, petition for your parents. They will be Immediate Relatives and it should take about 6-12 months for them to become LPRs. Immediately after getting their green cards, one of them can petition for your siblings. It does not matter that your parents will not be working, you can always be a joint sponsor on the I-864 for your siblings. (There is a potential problem that I will discuss below).

The 21 years old will definitely be in the F2b category (LPR petitioning for an unmarried child over 21). It takes about 11 years for that child to get a visa. Any unmarried children under age 21 will be derivative beneficiaries.

The 18 years old (maybe 19 by the time your parent petitions) will be in the F2a category (LPR petitioning for an unmarried child under 21). It takes about 4 years for a child to get a visa. However, age is determined at the time a visa becomes available. When a visa becomes available in the F2a category, the child will be over 21 and aged out into the F2b category unless CSPA applies. So the wait could be either 4 or 11 years after filing.

The potential problem that I mentioned is that it is not a sure thing for you to petition for your parents. If your parents are old and not able to work, the US embassy will look at them as potential public charge. As LPRs, your parents will not qualify for Social Security or Medicare. They will need to provide proof that they will not become public charge. Your ability to support them may not be enough. You may need to buy them health insurance to overcome the embassy's determination that they will become public charges. See Tayrivers many posts on this issue. I believe it cost about a $1000/month for the heath insurance on Tayrivers' parents.

If a beneficiary gets married before the petitioning parent becomes a US citizen, the petition is automatically withdrawn. That's it. The end. No visa is possible.

Furthermore, if the petitioning parent dies before the child gets a visa, the petition is also automatically withdrawn.

----------------

If you go with choice number 2, you need to consider if your parents will be around in 12 years. If not then it may be worth it for them to come here. Also, it is a huge financial burden to care for elderly parents who will not qualify for any old age benefits. It could affect the budget for you, your spouse and your children. Not an easy route to go.

Edited November 15, 2009 by aaron2020

[aaron2020 11,651]

The 21 years old will definitely be in the F2b category (LPR petitioning for an unmarried child over 21). It takes about 11 years for that child to get a visa. Any unmarried children under age 21 will be derivative beneficiaries.

------------

I mean that any children that your sister may have during the wait will be derivative beneficiaries. If your sister gets a visa, so will they.

[Leah 1]

See the Visa Bulletin to see how long Filipinos have been waiting for visas. http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

You have several choices. You can take one of them or take both. A person can have multiple petitions at the same time.

1. You, the US citizen, petitions for your siblings (F4 family preference category cases). The current wait is 22-23 years. Does not matter if they get married. Their spouses and unmarried children under age 21 will be eligible for visas as derivative beneficiaries. You and the petitioned sibling must be alive in 22-23 years in order for that sibling and his/her family to be eligible for visas.

2. You, the US citizen, petition for your parents. They will be Immediate Relatives and it should take about 6-12 months for them to become LPRs. Immediately after getting their green cards, one of them can petition for your siblings. It does not matter that your parents will not be working, you can always be a joint sponsor on the I-864 for your siblings. (There is a potential problem that I will discuss below).

The 21 years old will definitely be in the F2b category (LPR petitioning for an unmarried child over 21). It takes about 11 years for that child to get a visa. Any unmarried children under age 21 will be derivative beneficiaries.

The 18 years old (maybe 19 by the time your parent petitions) will be in the F2a category (LPR petitioning for an unmarried child under 21). It takes about 4 years for a child to get a visa. However, age is determined at the time a visa becomes available. When a visa becomes available in the F2a category, the child will be over 21 and aged out into the F2b category unless CSPA applies. So the wait could be either 4 or 11 years after filing.

The potential problem that I mentioned is that it is not a sure thing for you to petition for your parents. If your parents are old and not able to work, the US embassy will look at them as potential public charge. As LPRs, your parents will not qualify for Social Security or Medicare. They will need to provide proof that they will not become public charge. Your ability to support them may not be enough. You may need to buy them health insurance to overcome the embassy's determination that they will become public charges. See Tayrivers many posts on this issue. I believe it cost about a $1000/month for the heath insurance on Tayrivers' parents.

If a beneficiary gets married before the petitioning parent becomes a US citizen, the petition is automatically withdrawn. That's it. The end. No visa is possible.

Furthermore, if the petitioning parent dies before the child gets a visa, the petition is also automatically withdrawn.

----------------

If you go with choice number 2, you need to consider if your parents will be around in 12 years. If not then it may be worth it for them to come here. Also, it is a huge financial burden to care for elderly parents who will not qualify for any old age benefits. It could affect the budget for you, your spouse and your children. Not an easy route to go.

Thank you for the reply. Very much appreciated. I think I will petition my parents first. They are both on their mid-50's. If they can't work that's okay for me. I have health and dental insurance from my work so I can put them as my dependents since I don't have any dependents right now.

[aaron2020 11,651]

See the Visa Bulletin to see how long Filipinos have been waiting for visas. http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

You have several choices. You can take one of them or take both. A person can have multiple petitions at the same time.

1. You, the US citizen, petitions for your siblings (F4 family preference category cases). The current wait is 22-23 years. Does not matter if they get married. Their spouses and unmarried children under age 21 will be eligible for visas as derivative beneficiaries. You and the petitioned sibling must be alive in 22-23 years in order for that sibling and his/her family to be eligible for visas.

2. You, the US citizen, petition for your parents. They will be Immediate Relatives and it should take about 6-12 months for them to become LPRs. Immediately after getting their green cards, one of them can petition for your siblings. It does not matter that your parents will not be working, you can always be a joint sponsor on the I-864 for your siblings. (There is a potential problem that I will discuss below).

The 21 years old will definitely be in the F2b category (LPR petitioning for an unmarried child over 21). It takes about 11 years for that child to get a visa. Any unmarried children under age 21 will be derivative beneficiaries.

The 18 years old (maybe 19 by the time your parent petitions) will be in the F2a category (LPR petitioning for an unmarried child under 21). It takes about 4 years for a child to get a visa. However, age is determined at the time a visa becomes available. When a visa becomes available in the F2a category, the child will be over 21 and aged out into the F2b category unless CSPA applies. So the wait could be either 4 or 11 years after filing.

The potential problem that I mentioned is that it is not a sure thing for you to petition for your parents. If your parents are old and not able to work, the US embassy will look at them as potential public charge. As LPRs, your parents will not qualify for Social Security or Medicare. They will need to provide proof that they will not become public charge. Your ability to support them may not be enough. You may need to buy them health insurance to overcome the embassy's determination that they will become public charges. See Tayrivers many posts on this issue. I believe it cost about a $1000/month for the heath insurance on Tayrivers' parents.

If a beneficiary gets married before the petitioning parent becomes a US citizen, the petition is automatically withdrawn. That's it. The end. No visa is possible.

Furthermore, if the petitioning parent dies before the child gets a visa, the petition is also automatically withdrawn.

----------------

If you go with choice number 2, you need to consider if your parents will be around in 12 years. If not then it may be worth it for them to come here. Also, it is a huge financial burden to care for elderly parents who will not qualify for any old age benefits. It could affect the budget for you, your spouse and your children. Not an easy route to go.

Thank you for the reply. Very much appreciated. I think I will petition my parents first. They are both on their mid-50's. If they can't work that's okay for me. I have health and dental insurance from my work so I can put them as my dependents since I don't have any dependents right now.

Most health and dental insurance benefits covers only children dependents. It is highly unlikely that your work insurance allows for other dependents. You better check on that or your parents' cases may end up costing you and your spouse a lot more than you think.

In fact, I have never head of an employer's benefit plan that provide for a parent dependent.

[Leah 1]

See the Visa Bulletin to see how long Filipinos have been waiting for visas. http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

You have several choices. You can take one of them or take both. A person can have multiple petitions at the same time.

1. You, the US citizen, petitions for your siblings (F4 family preference category cases). The current wait is 22-23 years. Does not matter if they get married. Their spouses and unmarried children under age 21 will be eligible for visas as derivative beneficiaries. You and the petitioned sibling must be alive in 22-23 years in order for that sibling and his/her family to be eligible for visas.

2. You, the US citizen, petition for your parents. They will be Immediate Relatives and it should take about 6-12 months for them to become LPRs. Immediately after getting their green cards, one of them can petition for your siblings. It does not matter that your parents will not be working, you can always be a joint sponsor on the I-864 for your siblings. (There is a potential problem that I will discuss below).

The 21 years old will definitely be in the F2b category (LPR petitioning for an unmarried child over 21). It takes about 11 years for that child to get a visa. Any unmarried children under age 21 will be derivative beneficiaries.

The 18 years old (maybe 19 by the time your parent petitions) will be in the F2a category (LPR petitioning for an unmarried child under 21). It takes about 4 years for a child to get a visa. However, age is determined at the time a visa becomes available. When a visa becomes available in the F2a category, the child will be over 21 and aged out into the F2b category unless CSPA applies. So the wait could be either 4 or 11 years after filing.

The potential problem that I mentioned is that it is not a sure thing for you to petition for your parents. If your parents are old and not able to work, the US embassy will look at them as potential public charge. As LPRs, your parents will not qualify for Social Security or Medicare. They will need to provide proof that they will not become public charge. Your ability to support them may not be enough. You may need to buy them health insurance to overcome the embassy's determination that they will become public charges. See Tayrivers many posts on this issue. I believe it cost about a $1000/month for the heath insurance on Tayrivers' parents.

If a beneficiary gets married before the petitioning parent becomes a US citizen, the petition is automatically withdrawn. That's it. The end. No visa is possible.

Furthermore, if the petitioning parent dies before the child gets a visa, the petition is also automatically withdrawn.

----------------

If you go with choice number 2, you need to consider if your parents will be around in 12 years. If not then it may be worth it for them to come here. Also, it is a huge financial burden to care for elderly parents who will not qualify for any old age benefits. It could affect the budget for you, your spouse and your children. Not an easy route to go.

Thank you for the reply. Very much appreciated. I think I will petition my parents first. They are both on their mid-50's. If they can't work that's okay for me. I have health and dental insurance from my work so I can put them as my dependents since I don't have any dependents right now.

Most health and dental insurance benefits covers only children dependents. It is highly unlikely that your work insurance allows for other dependents. You better check on that or your parents' cases may end up costing you and your spouse a lot more than you think.

In fact, I have never head of an employer's benefit plan that provide for a parent dependent.

Thanks I'll check it out...

[Cacerez 19]

See the Visa Bulletin to see how long Filipinos have been waiting for visas. http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

You have several choices. You can take one of them or take both. A person can have multiple petitions at the same time.

1. You, the US citizen, petitions for your siblings (F4 family preference category cases). The current wait is 22-23 years. Does not matter if they get married. Their spouses and unmarried children under age 21 will be eligible for visas as derivative beneficiaries. You and the petitioned sibling must be alive in 22-23 years in order for that sibling and his/her family to be eligible for visas.

2. You, the US citizen, petition for your parents. They will be Immediate Relatives and it should take about 6-12 months for them to become LPRs. Immediately after getting their green cards, one of them can petition for your siblings. It does not matter that your parents will not be working, you can always be a joint sponsor on the I-864 for your siblings. (There is a potential problem that I will discuss below).

The 21 years old will definitely be in the F2b category (LPR petitioning for an unmarried child over 21). It takes about 11 years for that child to get a visa. Any unmarried children under age 21 will be derivative beneficiaries.

The 18 years old (maybe 19 by the time your parent petitions) will be in the F2a category (LPR petitioning for an unmarried child under 21). It takes about 4 years for a child to get a visa. However, age is determined at the time a visa becomes available. When a visa becomes available in the F2a category, the child will be over 21 and aged out into the F2b category unless CSPA applies. So the wait could be either 4 or 11 years after filing.

The potential problem that I mentioned is that it is not a sure thing for you to petition for your parents. If your parents are old and not able to work, the US embassy will look at them as potential public charge. As LPRs, your parents will not qualify for Social Security or Medicare. They will need to provide proof that they will not become public charge. Your ability to support them may not be enough. You may need to buy them health insurance to overcome the embassy's determination that they will become public charges. See Tayrivers many posts on this issue. I believe it cost about a $1000/month for the heath insurance on Tayrivers' parents.

If a beneficiary gets married before the petitioning parent becomes a US citizen, the petition is automatically withdrawn. That's it. The end. No visa is possible.

Furthermore, if the petitioning parent dies before the child gets a visa, the petition is also automatically withdrawn.

----------------

If you go with choice number 2, you need to consider if your parents will be around in 12 years. If not then it may be worth it for them to come here. Also, it is a huge financial burden to care for elderly parents who will not qualify for any old age benefits. It could affect the budget for you, your spouse and your children. Not an easy route to go.

Just wanted to say thanks on the clear post - we are looking into these options as well, and this was helpful.

[aaron2020 11,651]

See the Visa Bulletin to see how long Filipinos have been waiting for visas. http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

You have several choices. You can take one of them or take both. A person can have multiple petitions at the same time.

1. You, the US citizen, petitions for your siblings (F4 family preference category cases). The current wait is 22-23 years. Does not matter if they get married. Their spouses and unmarried children under age 21 will be eligible for visas as derivative beneficiaries. You and the petitioned sibling must be alive in 22-23 years in order for that sibling and his/her family to be eligible for visas.

2. You, the US citizen, petition for your parents. They will be Immediate Relatives and it should take about 6-12 months for them to become LPRs. Immediately after getting their green cards, one of them can petition for your siblings. It does not matter that your parents will not be working, you can always be a joint sponsor on the I-864 for your siblings. (There is a potential problem that I will discuss below).

The 21 years old will definitely be in the F2b category (LPR petitioning for an unmarried child over 21). It takes about 11 years for that child to get a visa. Any unmarried children under age 21 will be derivative beneficiaries.

The 18 years old (maybe 19 by the time your parent petitions) will be in the F2a category (LPR petitioning for an unmarried child under 21). It takes about 4 years for a child to get a visa. However, age is determined at the time a visa becomes available. When a visa becomes available in the F2a category, the child will be over 21 and aged out into the F2b category unless CSPA applies. So the wait could be either 4 or 11 years after filing.

The potential problem that I mentioned is that it is not a sure thing for you to petition for your parents. If your parents are old and not able to work, the US embassy will look at them as potential public charge. As LPRs, your parents will not qualify for Social Security or Medicare. They will need to provide proof that they will not become public charge. Your ability to support them may not be enough. You may need to buy them health insurance to overcome the embassy's determination that they will become public charges. See Tayrivers many posts on this issue. I believe it cost about a $1000/month for the heath insurance on Tayrivers' parents.

If a beneficiary gets married before the petitioning parent becomes a US citizen, the petition is automatically withdrawn. That's it. The end. No visa is possible.

Furthermore, if the petitioning parent dies before the child gets a visa, the petition is also automatically withdrawn.

----------------

If you go with choice number 2, you need to consider if your parents will be around in 12 years. If not then it may be worth it for them to come here. Also, it is a huge financial burden to care for elderly parents who will not qualify for any old age benefits. It could affect the budget for you, your spouse and your children. Not an easy route to go.

Just wanted to say thanks on the clear post - we are looking into these options as well, and this was helpful.

The LPR spouse needs to be a US citizen before he/she can apply for any of his/her parents and siblings. The law does not allow a person to petition for in-laws.

Also, the wait time for beneficiaries in Guatemala is much shorter than for Filipinos. 10 years for a USC to petition for a sibling from Guatemala. It takes about 6-12 months for a USC to petition for parents. It takes an LPR about 4-5 years to petition for an unmarried child under age 21 (age is determined at the end of wait & CSPA may apply). It takes an LPR about 8-9 years to petition for an unmarried child over 21.

[Cacerez 19]

The LPR spouse needs to be a US citizen before he/she can apply for any of his/her parents and siblings. The law does not allow a person to petition for in-laws.

Also, the wait time for beneficiaries in Guatemala is much shorter than for Filipinos. 10 years for a USC to petition for a sibling from Guatemala. It takes about 6-12 months for a USC to petition for parents. It takes an LPR about 4-5 years to petition for an unmarried child under age 21 (age is determined at the end of wait & CSPA may apply). It takes an LPR about 8-9 years to petition for an unmarried child over 21.

Yes, we are not planning on doing this anytime soon (still 3 years minimum away), but do want to be informed when the time comes.