Clarification regarding family preference catogory

[kaydee457 13]

Hi there! Haven't posted here for literally years, 12 years to be exact. Was surprised to see my username and password still worked.....

 

Anyway, I brought my wife here under a Fiance Visa nearly 12 years ago. Now we want to bring her brother here but I need clarification on whether it's best that I petition for him to come (I'm a citizen) or she should petition him (she is not yet a citizen).

 

I guess my first question is whether I am eligible to petition him give he is not a blood relative of mine but rather an my brother in law? I read some of the stickies above but nary a word regarding in-law's.

 

He is of course a blood relative of my wife. I'm not sure if they shared the same father but of course the mother is the same. I assume he is eligible under these circumstances?

 

Comments please.......

[geowrian 22,335]

Welcome back!

 

In-laws do not qualify, so she would need to be the one petitioning. However, she cannot petition until she is a USC. She would qualify once she is a USC.

 

Just note that it will be a long, long wait...over 15 years after filing according to a quick priority date check for 4th preference. That preference category is also one of the most likely to be affected (IMHO) with immigration reform, so the sooner she can apply, the better.

[Boiler 43,464]

F4 category, any reason she has not naturalised?

[aleful 1,905]

ditto

 

you can't file for him only your wife can when she becomes a USC

 

and a long wait

 

 

[kaydee457 13]

She is going to take the test soon. She didn't sooner because she had her green card stolen (along with other important things) and you know how a_nal the USCIS can be.

No test without a green card even though we have her alien number and a copy of the card. I currently have it on order. A card replacement costs the same as going through the process the first time: $545!

 

Fifteen years sounds absurd. Maybe I should just buy him a ticket to Mexico:).....

Where can one find the timelines for this class of relative from Ethiopia?

 

I assume it's different depending on where you're coming from.

Edited March 2, 2017 by kaydee457

[Boiler 43,464]

Mexico is nice, but they are pretty strict on Immigration.

 

Ethiopia is in the main category, a few are much much longer.

 

Have a look on the Visa Bulletin.

[geowrian 22,335]

13 minutes ago, kaydee457 said:

She is going to take the test soon. She didn't sooner because she had her green card stolen (along with other important things) and you know how a_nal the USCIS can be.

No test without a green card even though we have her alien number and a copy of the card. I currently have it on order. A card replacement costs the same as going through the process the first time: $545!

 

Fifteen years sounds absurd. Maybe I should just buy him a ticket to Mexico:).....

Where can one find the timelines for this class of relative from Ethiopia?

 

I assume it's different depending on where you're coming from.

Good luck to her!

 

It is a long time. That said, the assumption when you bring a fiance or spouse to the US is that she is leaving behind her family and life there and starting a new one in the US. As such, there is no inherent need for an adult sibling to join you as a resident in the US.

Visa Bulletin: https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html

PD Calculator: http://www.myprioritydate.com/

 

It is, but only for a few countries. The vast majority are in the "main" category, including Ethiopia.

Edited March 2, 2017 by geowrian

[kaydee457 13]

So, he would be considered a "F4"? If I'm reading the estimator correctly that would be a date of 2032?

[Boiler 43,464]

2 minutes ago, kaydee457 said:

So, he would be considered a "F4"? If I'm reading the estimator correctly that would be a date of 2032?

Correct, it is an estimate. But reasonable.

[kaydee457 13]

Wow. Well, I now have enough information to go forward. I'm not sure he will want to though. She is not yet a citizen and I read that only U.S. Citizens may petition for siblings.

It is a profound injustice that the people that sauntered across the border or overstayed their visa's will get preference. But that's a topic for another thread.

 

Thanks for the information

 

Bob T.

[Boiler 43,464]

Good luck on your Visa Journey.