question regarding filing for sibling

[milan dalsania 0]

hello everyone.

at first, i have been a long time user of visa journey and this site has helped me a lot in past. so i thank all the members, and special thanks to moderator / administrator for helping everyone with their knowledge.

my wife has recently became citizen of US. we are planning to file for her four family members, and i questions regrading it.

1. her father - i have no question

2. her mother - i have no question

3. her sister - DOB is march 1991(22 years old), currently single / unmarried. - i do have questions

4. her brother - DOB is August 1994 (19 years old), currently single / unmarried. - i do have same questions

so here are my questions.

1. when my wife files using F-4 category how long is the wait (they live in India)?

2. after filing I-130 can my sister-in-law get married? and what would happen to her husband? meaning can her husband come with her or is there any different procedure?

3. last question is, will it be ok to file twice for my brother-in-law? first time when my wife files using F-4 category, and second time when my father-in-law comes to US, he files for his son using F2B category?

do you guys have any other suggestions or comments i should know of?

thank you very much in advance for your knowledge and your help.

[NigeriaorBust 4,087]

In sibling category marriage doesn't bother and the petition stays the same , for a child marriage voids the petition for a LPR and changes the category for a USC. Right now India is in line with other places for F4s about 12 years F2b is about 8 years and a year for your FIL to get here himself or 9 years. Spouses and children get to come on the F4

[aaron2020 11,651]

hello everyone.

at first, i have been a long time user of visa journey and this site has helped me a lot in past. so i thank all the members, and special thanks to moderator / administrator for helping everyone with their knowledge.

my wife has recently became citizen of US. we are planning to file for her four family members, and i questions regrading it.

1. her father - i have no question

2. her mother - i have no question

3. her sister - DOB is march 1991(22 years old), currently single / unmarried. - i do have questions

4. her brother - DOB is August 1994 (19 years old), currently single / unmarried. - i do have same questions

so here are my questions.

1. when my wife files using F-4 category how long is the wait (they live in India)?

2. after filing I-130 can my sister-in-law get married? and what would happen to her husband? meaning can her husband come with her or is there any different procedure?

3. last question is, will it be ok to file twice for my brother-in-law? first time when my wife files using F-4 category, and second time when my father-in-law comes to US, he files for his son using F2B category?

do you guys have any other suggestions or comments i should know of?

thank you very much in advance for your knowledge and your help.

1. Currently, it takes about 12 years fir a US citizen to petition for a sibling in the F-4 category.

2. On a petition filed by a US citizen sibling in the F-4 category, she can get marry. Her husband would be a derivative beneficiary on her petition. He will be able to immigrate with her.

3. A beneficiary can have multiple petitions. Perfectly okay for your wife and her father to file separately for him. These would be completely separate cases.

[ngo3361 8]

Question 3: it's better if your father-in-law files a F2B since the waiting time is only 9 years as oppose to 12 years if your wife files a F4 petition.

This is what I will be doing for my sister

[aaron2020 11,651]

Question 3: it's better if your father-in-law files a F2B since the waiting time is only 9 years as oppose to 12 years if your wife files a F4 petition.

This is what I will be doing for my sister

Why not do both? If one petition gets automatically revoked, then the other one is still pending.

[ngo3361 8]

Why not do both? If one petition gets automatically revoked, then the other one is still pending.

I guess I am going with the best option, which is F2B. Not sure what you mean by "if one petition gets automatically revoked"? I would not want that. Is there any reasons/stories related to this topic? I would like to find out more information before I file. Thank you!

[ngo3361 8]

ah... I see it on the form I-130 now... well, I'll talk to her about it

[aaron2020 11,651]

I guess I am going with the best option, which is F2B. Not sure what you mean by "if one petition gets automatically revoked"? I would not want that. Is there any reasons/stories related to this topic? I would like to find out more information before I file. Thank you!

When a petitioner dies, the petition is automatically revoked - meaning it dies.

If your father dies while your sister is waiting to immigrate, the petition is automatically revoked. Humanitarian relief is never guarantee so your sister would most likely not be able to immigrate. A new petition with a new priority date would be necessary.

For example. In year 7 of waiting, your father does. The petition is automatically revoked. Your sister's application for humanitarian relief is rejected. You file for her with a new petition.. He would need to wait another 12 years. That's 19 years total.

Now same example as above exempt both you and your father file separately. Your father dies in year 7 and the petion is automatically revoked. However, your brother has the petition you filed. So in another 5 years, your petition for him becomes current. No need to start over. 12 years total.

The 2nd petition is like an insurance policy if one petitioner dies or one petition is disqualified for some reason.

Edited June 13, 2013 by aaron2020