Sister is applying for me (UK)

[mdillane 0]

Hi

I hope you can advise. I am from the UK (born and bred) and all of my family are in the US.

I have one sister who was born in the US another sister who was born in the UK , but been a US citizen for 20 years. My father is a naturalised American and I have a step mom who is American, who is since divored from my father. All of whom are over 21.

We all share the same father, but have a different mother.

My questions is, can they all petition for me, or can only one of them do it. My sister has said she would do it. I have read the I-130 and belive this is the right form to use.

Am i correct in assuming i need the following.

• Marriage and divorce certificates for my father and birth mother.
• Marraige and divorce certificates for my father and step mom.
• Birth certificates for me, my sister and my father.

is there anything I am missing from this.

I am the only one of my family left in the UK and would obviously like to join the rest of my family in the US.

Thank you in advance for any help.

Regards

Matt

Edited November 5, 2013 by mdillane

[Nich-Nick 3,354]

Your wait will be year's longer if your sister petitions rather than your US citizen father. See the categories and priority dates here http://travel.state.gov/visa/bulletin/bulletin_6168.html

The dates in the first column of the chart means they are serving people who applied prior to that date. You will wait until your application date makes it to the chart. Every month a new chart of dates is posted.

Edited November 5, 2013 by Nich-Nick

[mdillane 0]

Hi Nich-Nick

thanks for that, by years do you mean 10 years or is the turnaround less than that. I dont quite understand the table for family preferences. There is a date of Aug01, by that can i assume the wait is around 12 years.

Sorry to sound dumb...

Edited November 5, 2013 by mdillane

[Boiler 45,657]

That is right, they can all apply and you can go whichever comes first.

Most countries do no have a route for siblings, US does but it is a long one.

[Nich-Nick 3,354]

Hi Nich-Nick

thanks for that, by years do you mean 10 years or is the turnaround less than that. I dont quite understand the table for family preferences. There is a date of Aug01, by that can i assume the wait is around 12 years.

Sorry to sound dumb...

Only a certain number of visas are allowed each year. There is a wait and a pecking order for family visas unless it is for a spouse or child of a citizen. If you are an adult, you fall under "son or daughter" of a US citizen, not "child" of a citizen. The family preference categories are explained above the chart. First through fourth preference.

If your dad petitions for you, your visa would be either

F1 if you are not married or

F3 if you are married

If a sibling applies, your visa would be

F4 brothers and sisters of US citizens

So your paperwork and fees go in and you get a priority date based on when your application was accepted. Then you wait for that date to become current on the monthly visa bulletin. By the chart (first column for UK), you can see the dates that made it to the top of the queue so their visa will start actual processing.

F1 got their applications turned in before Oct 22, 2006

F3 got their application turned in before Feb 8, 2003

F4 got their application turned in before Aug 22, 2001

So you could estimate a wait of 7, 10.5, or 12.25 years before the visa would make it to processing and issue. But it changes. A category can jump forward a lot in a month or even go backwards. It all depends on how many ask for visas in each category. If nobody applied for one category, those "spares" would go to another category.

Your parent or sibling has to submit all the I-130 stuff and fee to get you in the queue. If you change something like marry or divorce, you notify USCIS and you go into the other appropriate category without losing your place in line. That would be for F1 and F3 (married or unmarried).

Can't help you with the paperwork because I haven't really paid attention to I-130 petitions in years, especially for other than spouses.

[mdillane 0]

Thanks guys for all your help. It is much clearer now. Its a tough one.

Have you ever know one to go quickly or is it pot luck for the lenght of time. Would an immigration lawyer speed things up or is that just a money pit.

Thank you for help...

[Boiler 45,657]

It is not pot luck, usually the issues is delays, seemingly more common where a Lawyer is involved.

The quicker you get in the queue the sooner your visa number will be available.

As it is up to whoever will be filing to fill the forms in or get legal advise, then that would be their call, not that difficult.

[Nich-Nick 3,354]

Thanks guys for all your help. It is much clearer now. Its a tough one.

Have you ever know one to go quickly or is it pot luck for the lenght of time. Would an immigration lawyer speed things up or is that just a money pit.

Thank you for help...

As I explained there is an exact number of visas allowed by law per year. The more that apply, there longer the line gets because there's always more applications than visas. The movement depends on applicants. I have never kept up with the progress, but there are archives where you can open past months or years' bulletins and see where they were 6 months ago or a year ago. Then you would see if in a year, a category had moved up a year or 18 months or 2 months. It is not an exact progression. Archives- http://travel.state.gov/visa/bulletin/bulletin_1770.html

A lawyer does not get to cut in line. A lawyer fills out your form and mails it for a fee. And he answers your questions about what documents to include. You still have to gather the documents and provide the information so his assistant can type in your name address, birthdate, etc. on the form. So shuffle stuff back and forth and hope he gets to it, or fill it in yourself if you can read and follow the form directions and and the guides provided on this website. Have you clicked "Guides" in the blue menu bar yet? Click it and go down the left column and find the guide for a parent petitioning child or sibling petitioning.

Edited November 5, 2013 by Nich-Nick