Immigration path for minor sister-in-law

[mjrussell 2]

I suspect that my situation will be similar to this question from a few weeks ago, but I wanted to put it out here to see.

My wife got her green card a little over a year ago. She's 33, and has a younger sister who's 12. Their father passed away a couple of years ago, and their mother is not capable of giving her the support she needs. There's another sister who's been helping out since my wife came to the US, but that situation isn't working out well.

So we've discussed the possibility of taking custody of the little sister, and their mother is on board with this. But first, I want to understand the process of getting her to the US. From a little reading, it looks like we would have to have custody for two years. Even meeting that, it sounds like it would be a fight, since there's still family there who could care for her. Does this pretty much sum up what we'd be looking at?

Thanks!

[Boiler 43,497]

Not really.

She would first have to naturalise and then file for her sister.

[apple21 953]

I don't think adoption is an option because the child is not an orphan.

Your wife has to naturalize first before she can file a petition for her sister.

The sister will be under the F4 category (Brothers and Sisters of Adult US citizens). Waiting time is 12 YEARS for the sister.

Current PD being processed for F4 (under the column All Charge-ability Areas Except Those Listed) is 15 APRIL 2001. http://travel.state.gov/visa/bulletin/bulletin_5856.html

[Penguin_ie 5,986]

It would take a very long time to get the sister here.

Have you considered looking into a good boarding school in her home country?

Another option would be an F1 student visa to allow her to go to school here while she lives with you, but that won't last forever and has no path to a greencard, plus is pricey (she would not get free schooling from the state).

[aaron2020 11,651]

I suspect that my situation will be similar to this question from a few weeks ago, but I wanted to put it out here to see.

My wife got her green card a little over a year ago. She's 33, and has a younger sister who's 12. Their father passed away a couple of years ago, and their mother is not capable of giving her the support she needs. There's another sister who's been helping out since my wife came to the US, but that situation isn't working out well.

So we've discussed the possibility of taking custody of the little sister, and their mother is on board with this. But first, I want to understand the process of getting her to the US. From a little reading, it looks like we would have to have custody for two years. Even meeting that, it sounds like it would be a fight, since there's still family there who could care for her. Does this pretty much sum up what we'd be looking at?

Thanks!

The child has a mother. Why is mother "not capable of giving her the support she needs?"

The only way to "take custody" is to legally adopt. This requires your wife to go home and live with her adopted daughter for 2 years. This is the only way to bring her adopted daughter to the US.

For a student visa, the child would have to be enrolled in private school. She will not be given a student visa to attend public school for free. For private school, you will need to show you can cover the cost of tuition and room and board which could be $20,000 per year.

To be frank, there is very little you can do to bring this child to the US. Your best hope for this child is to send money or whatever other support is needed to help her and mom. The chances of you getting an immigration visa for the child is probably zero because there is no current way to petition for the sister and all other paths require living abroad or a ton of money.

[Boiler 43,497]

There is a route to an immigrant visa, just a long one.

Unless the rules change, which is very possible.

[mjrussell 2]

Thanks everyone for the feedback. I will discuss with my wife, I'm sure for now we'll just continue to send financial support.

[ngo3361 8]

I have a similar situation and I just file to Remove my Conditions. So I expect to get my 10-yr GC next year, then I will file N-400. Probably take another 6 months. Then I will file I-130 for my father which should take another 6 months and then he will go through the Consular processing for his GC. After that my father will petition my sister who will be under F2B (my sister is over 21)

I think this should be the fastest way to go. Any thoughts? Thank you.

[Boiler 43,497]

Your Father wants to emigrate to the US and is OK leaving your Sister?

[Darnell 8,478]

I think sending money for a GOOD boarding school that is 'International Baccalaurete(sp? ) ' rated will be the best thing you can do, instead of anything else you have in mind.

[ngo3361 8]

Your Father wants to emigrate to the US and is OK leaving your Sister?

My sister is 21 now and she is here on F1 student visa.

[Boiler 43,497]

Does he intend to carry her studying until a visa number is available?

[ngo3361 8]

Does he intend to carry her studying until a visa number is available?

Yes. My sister entered the U.S in 2008/2009 (she was 16/17 at the time) and attended high school here. She is in college now and will be 21 in February.