My Wife's family

[Happy420 0]

My wife has recently filed for AOS and we are currently waiting on having conditions on her green card removed. My question here is, One day she would like her family, (mother, father and little brother who is currently 14 years old) to come here to America. Are there any restrictions to having her brother come here with her mother when we apply for them to come here?

[rhein 451]

My wife has recently filed for AOS and we are currently waiting on having conditions on her green card removed. My question here is, One day she would like her family, (mother, father and little brother who is currently 14 years old) to come here to America. Are there any restrictions to having her brother come here with her mother when we apply for them to come here?

Parents are immediate relatives and will be able to come pretty quickly. She can petition them once she gets citizenship.

Siblings are a different story, they aren't considered immediate relatives. It varies by country, but the best case scenario is about 10 years, worst case, a whole lot longer.

[Happy420 0]

Parents are immediate relatives and will be able to come pretty quickly. She can petition them once she gets citizenship.

Siblings are a different story, they aren't considered immediate relatives. It varies by country, but the best case scenario is about 10 years, worst case, a whole lot longer.

Thanks for the reply. So you are saying the best case scenario would be that her brother who isn't considered a immediate relative would be able to come her 10 years down the line? What type of form or application would we look into filing for him? Could he get her faster on a student visa?

[rhein 451]

Thanks for the reply. So you are saying the best case scenario would be that her brother who isn't considered a immediate relative would be able to come her 10 years down the line? What type of form or application would we look into filing for him? Could he get her faster on a student visa?

Here's a good starting point: http://www.uscis.gov/family/family-us-citizens The process of filing is I believe the same as for the parents - but since he is 'fourth preference' as a sibling, the queue is longer.

Yes, that's what I'm saying - best case, depending on the country-specific wait. Some are a lot longer, I don't know how it is with Indonesia.

Student visa, yes possibly, I have no idea what is involved with that.

One other possibility, is this: once the parents are here, and once they are citizens, they can petition the brother (their son, as an immediate relative) provided he is under 21 and single at the time. I think you'd make that deadline with no problem, since he's only 14 now.

[Boiler 43,434]

Tricky one

Nobody knows what the timelines will be in future, just how long people coming in now have been waiting.

So assuming she petition her parents as soon as you can and they move as soon as they can he might make the cutoff and get here before he is 21. More likely 25 but he needs to remain unmarried. If he is petitioned just by his sister and or marries then early 30's.

[milimelo 4,197]

Here's a good starting point: http://www.uscis.gov/family/family-us-citizens The process of filing is I believe the same as for the parents - but since he is 'fourth preference' as a sibling, the queue is longer.

Yes, that's what I'm saying - best case, depending on the country-specific wait. Some are a lot longer, I don't know how it is with Indonesia.

Student visa, yes possibly, I have no idea what is involved with that.

One other possibility, is this: once the parents are here, and once they are citizens, they can petition the brother (their son, as an immediate relative) provided he is under 21 and single at the time. I think you'd make that deadline with no problem, since he's only 14 now.

This is wrong, parents don't need to be USC to file for their under or over 21 unmarried child. They can do it the minute they enter the US and become LPRs.

OP, once wife becomes a USC (next year?), have her file for her father I-130 petition. She can do it a day after she gets her naturalization certificate. Then once he comes to the US, have the father file for his wife and son - single petition needed as F2A does allow dependents and the child will still be under 21 once it's all processed in 2-3 years time.

[MUXAGIRL 69]

Since the brother is only 14, he has a chance to get here much sooner on category F2A.

When your wife becomes citizen, she will file for either both parents or single parent. If she files for both parents, then it will take about a year for them to receive their GC and enter US. Once they are in the USe, one of the parents can file for the son under category F2A, child of permanent resident, which will take about 2 to 2.5 years starting from the day of filing form I-130.

If leaving the child with relatives is not an option, then what milimelo suggested above is prudent. That your wife, as soon as she gets citizenship, files for one of her parents. That parent, as the immediate relative of U.S. citizen, gets his/her gc quickly, comes to the U.S. and files form I-130 for the spouse and child. The whole process will take a bit around or more that two years and then they enter the US together. You are looking at a timeline of three to four years from now if everything goes smoothly.

[Boiler 43,434]

Since the brother is only 14, he has a chance to get here much sooner on category F2A.

When your wife becomes citizen, she will file for either both parents or single parent. If she files for both parents, then it will take about a year for them to receive their GC and enter US. Once they are in the USe, one of the parents can file for the son under category F2A, child of permanent resident, which will take about 2 to 2.5 years starting from the day of filing form I-130.

If leaving the child with relatives is not an option, then what milimelo suggested above is prudent. That your wife, as soon as she gets citizenship, files for one of her parents. That parent, as the immediate relative of U.S. citizen, gets his/her gc quickly, comes to the U.S. and files form I-130 for the spouse and child. The whole process will take a bit around or more that two years and then they enter the US together. You are looking at a timeline of three to four years from now if everything goes smoothly.

It will be 3 ish years before Citizenship, another year or so to petition a parent, that takes the child to 19 or so. 25 say for Parents to naturalise.