Complicated relationship = complicated case

[Chazzie 1]

Hi everyone! I will be petitioning my mom pretty soon after i'll petition my fiance.My Dad whose a LPR petitioned me that's how im able to come here.My mom and dad are divorced (here in US) and their marriage are annuled (in the Philippines).My mom have 2 children from his BF and i considered them as my own siblings.Things didnt work with my mom and her BF and she has sole custody of their children with a reason for abandonement.My younger siblings last name on their birth certificates are under my mom's maiden name.My mom is a physician and by law she can use her maiden name for her practice.(just in case readers will wonder why my mom never used my dad's last name although they were married before.)My siblings are 13 and 18.My question is if i'll be petitioning my mom, can my siblings qualify as her derivatives?is there anyway i can bring my siblings together with my mom?I know our situation is complicated but i hope one of you have an answer or suggestion on what i can do.I just dont want my siblings to be away from my mom.Any insight is appreciated.Thank you in advance.

[aleful 1,905]

Hi everyone! I will be petitioning my mom pretty soon after i'll petition my fiance.My Dad whose a LPR petitioned me that's how im able to come here.My mom and dad are divorced (here in US) and their marriage are annuled (in the Philippines).My mom have 2 children from his BF and i considered them as my own siblings.Things didnt work with my mom and her BF and she has sole custody of their children with a reason for abandonement.My younger siblings last name on their birth certificates are under my mom's maiden name.My mom is a physician and by law she can use her maiden name for her practice.(just in case readers will wonder why my mom never used my dad's last name although they were married before.)My siblings are 13 and 18.My question is if i'll be petitioning my mom, can my siblings qualify as her derivatives?is there anyway i can bring my siblings together with my mom?I know our situation is complicated but i hope one of you have an answer or suggestion on what i can do.I just dont want my siblings to be away from my mom.Any insight is appreciated.Thank you in advance.

unfortunatly, siblings aren't derivatives. you have to file separate petitions, and it takes a very long time so your you all will have to think if it is worth it. with whom will she leave the children if she decides to come?

they can't come together, she will have to come here and file for them, but still it is several years of waiting.

There aren't many options, the only thing is for you to wait several years until the 13 years old is older and they both can live on their own, or at least maybe 18 and live with her brother in the Phiippines.

That's a family decision.

[Chazzie 1]

unfortunatly, siblings aren't derivatives. you have to file separate petitions, and it takes a very long time so your you all will have to think if it is worth it. with whom will she leave the children if she decides to come?

they can't come together, she will have to come here and file for them, but still it is several years of waiting.

There aren't many options, the only thing is for you to wait several years until the 13 years old is older and they both can live on their own, or at least maybe 18 and live with her brother in the Phiippines.

That's a family decision.

That's sad.but thanks for the insight.

[aleful 1,905]

unfortunatly, siblings aren't derivatives. you have to file separate petitions, and it takes a very long time so your you all will have to think if it is worth it. with whom will she leave the children if she decides to come?

they can't come together, she will have to come here and file for them, but still it is several years of waiting.

There aren't many options, the only thing is for you to wait several years until the 13 years old is older and they both can live on their own, or at least maybe 18 and live with her brother in the Phiippines.

That's a family decision.

you are a USC, right? I assumed you were.

[Chazzie 1]

you are a USC, right? I assumed you were.

i will be officially USC on the 26th of this month.

[aleful 1,905]

i will be officially USC on the 26th of this month.

congrats!!!

I will have my interview on June 9th so I'll be the next one!!!

[Chazzie 1]

congrats!!!

I will have my interview on June 9th so I'll be the next one!!!

thanx! congrats t0 u t0o in advance!

i just wish theres a way i can bring my siblings together with my mom...hmmmn, can i adopt my siblings?^_^lol.

i just wish there's a law for single moms being petitioned...just a thought.

[Deputy Purple 1,294]

i just wish theres a way i can bring my siblings together with my mom...hmmmn, can i adopt my siblings?^_^lol.

While I understand that you are joking I will tell you the answer is no. It is strictly forbidden to adopt someone solely for immigration purposes.

[Chazzie 1]

While I understand that you are joking I will tell you the answer is no. It is strictly forbidden to adopt someone solely for immigration purposes.

i should have adopted them way before i became a citizen.Seriously speaking, ever since i came here up to now, i send them to school and send them allowance monthly.Ive seen my mom going thru hardships just to raised us.That's why ive decided to come here and live with my dad, so i can help my mom. enough said.

[justashooter 430]

adoption generally has to occur several years before immigration process with derivative benefit is applied for, and must be in accordance with the customs of the culture in question. in general, both parents have to be dead or in jail for an adoption to be looked on as legitimate.

[jcrom 2]

Hello my friend, your situation is not bad at all. In my opinion (I'm not sure at all, but I think is this way), You can ask your mom, when you become U.S. citizen, so I hope when you get your U.S. citizenship, your process of petition your mom, of course is possible and indeed, quicker. It's possible that you can request your siblings, but you have to be U.S. citizen (U.S. green card holders cannot request siblings, only parents and children less than 21 years old), but unfortunately, is a process that last in average 12 to 15 years from you to any of your siblings. Now, remember this, I think is easier for your mom to request for them when she becomes U.S. resident alien; I recommend you that she has to do those request for each for your siblings right away, Why? The reason, they are closer to 21 years old; once, they are 21 years old is much more complicated everything; of course, I realize that your older brother is right now 18 years old, so anyway, you have to be more worried about him; anyway, I consider that the best thing for you is to wait that you become U.S. citizen, request your mom; when she gets her U.S. green card, she cannot wait nothing; right away, she has to request them at the same time; specially because the time for your oldest brother that is running out. Remmember that the petition for them have to be before they get 21 years old, so in case they get that age and the petitions were applied before the 21 years old, there's no problen; that is the reason that I tell you, get your U.S. citizenship and request asap your mom, when she gets her green card, automatically, she needs to request for your siblings asap, and I think everything can be o.k without any problem. I can figure out and calculate that they might be younger than 21 at the time of your mom's petition if everything is going to be ok. Thanks and bye,

Edited May 11, 2010 by jcrom

[Chazzie 1]

Hello my friend, your situation is not bad at all. In my opinion (I'm not sure at all, but I think is this way), You can ask your mom, when you become U.S. citizen, so I hope when you get your U.S. citizenship, your process of petition your mom, of course is possible and indeed, quicker. It's possible that you can request your siblings, but you have to be U.S. citizen (U.S. green card holders cannot request siblings, only parents and children less than 21 years old), but unfortunately, is a process that last in average 12 to 15 years from you to any of your siblings. Now, remember this, I think is easier for your mom to request for them when she becomes U.S. resident alien; I recommend you that she has to do those request for each for your siblings right away, Why? The reason, they are closer to 21 years old; once, they are 21 years old is much more complicated everything; of course, I realize that your older brother is right now 18 years old, so anyway, you have to be more worried about him; anyway, I consider that the best thing for you is to wait that you become U.S. citizen, request your mom; when she gets her U.S. green card, she cannot wait nothing; right away, she has to request them at the same time; specially because the time for your oldest brother that is running out. Remmember that the petition for them have to be before they get 21 years old, so in case they get that age and the petitions were applied before the 21 years old, there's no problen; that is the reason that I tell you, get your U.S. citizenship and request asap your mom, when she gets her green card, automatically, she needs to request for your siblings asap, and I think everything can be o.k without any problem. I can figure out and calculate that they might be younger than 21 at the time of your mom's petition if everything is going to be ok. Thanks and bye,

Thanks for your advice! How many years will their petition take if ever my mom gets her green card?I'll be USC on May 26th and can process her petition right away.Since my siblings are under 21, how long will the processing take?I dont want their cases to be like my elder brothers.We are all petitioned before we turned 21 and have aged out.They have been waiting for 10 years now.

[Boiler 45,670]

You can look at the Visa Bulletin, not exact, but the best you will get.

[-cK- 0]

I just posted a topic and your inquiry is the same as mine. It made me sad knowing that my sister who's 18yo won't be able to come to the US with my parents when they come here. I, too, will be petitioning my parents this year once I get my citizenship in 2 weeks time.

[Chazzie 1]

I just posted a topic and your inquiry is the same as mine. It made me sad knowing that my sister who's 18yo won't be able to come to the US with my parents when they come here. I, too, will be petitioning my parents this year once I get my citizenship in 2 weeks time.