Aging out child and mom chances to immigrate with us?

[Artparty 0]

 

Hi, I’m filling in the NVC forms for my F4 case that includes me and my spouse. I need help with understanding if we can get 2 other family members to immigrate with us, our child and my mom. Both live with us in one flat, child is unmarried, but was born in 1983 and was 26 in 2009 when our case was initiated, currently is 35, helps to look after my very old mom on a daily basis. What are chances to include them in our case, how and on what application stage should it be done? Thank you!  

[geowrian 22,335]

Impossible. They were 21 or older at the time of filing, so there is no way to be included as a derivative.

CSPA can play a role sometimes, but they would need to have been decently under 21 at the time of filing to even have a chance at that. It will not apply in their cases.

 

Edit: The quickest way for them to come to the US (via family-based immigration) is for a parent to file for them. The parent can do so after entering on the immigrant visa. This will fall into F2B category, which currently has about a 7-10 year wait (plus NVC & embassy processing timelines). They would need to remain unmarried (unless the parents naturalize in the US, in which case they can marry but with an even longer wait).

Edited July 16, 2018 by geowrian

[Unlockable 7,306]

33 minutes ago, Artparty said:

 

 

Hi, I’m filling in the NVC forms for my F4 case that includes me and my spouse. I need help with understanding if we can get 2 other family members to immigrate with us, our child and my mom. Both live with us in one flat, child is unmarried, but was born in 1983 and was 26 in 2009 when our case was initiated, currently is 35, helps to look after my very old mom on a daily basis. What are chances to include them in our case, how and on what application stage should it be done? Thank you!  

Unfortunately, it is not going to be possible. As per US government, your child is considered an adult. He is capable of surviving on his own and have no need to immigrate with you. If you child was under 21 when you filed then it would be a different story. Like @geowrian mentioned, there is a way but it is going to take several years.

 

For your mother, as a F4 recipient, I don't think you can have a parent as a derivative. But you can file for her when you become a citizen.

[jan22 2,898]

21 hours ago, NuestraUnion said:

Unfortunately, it is not going to be possible. As per US government, your child is considered an adult. He is capable of surviving on his own and have no need to immigrate with you. If you child was under 21 when you filed then it would be a different story. Like @geowrian mentioned, there is a way but it is going to take several years.

 

For your mother, as a F4 recipient, I don't think you can have a parent as a derivative. But you can file for her when you become a citizen.

Others have said, there is absolutely no possibility for your son, who was over 21 before the petition was filed. Once you get your visa and enter the United States, you can file a petition if your son has remained unmarried. There will be a long wait for he gets a visa, though.   Plus, you still have quite a while to wait, if your Priority Date is in 2009.  Right now, the current Priority Date for F4 is December 22, 2004, so you're likely at least 5 years away.

 

Who filed the F4 petition for your family?  Was it your sibling or your wife's?  If yours, does that sibling have the same mother as you?  Then he/she can file an IR 5 petition for her right now and she will make it to the US before you do.  However, you refer to your mother as "very old", so there may be concerns about her becoming a public charge due to health care costs when she applies for the visa.

 

 

Edited July 17, 2018 by jan22

[SusieQQQ 11,584]

The bottom line is that there is no way to include your mother and your child on your petition. If you need to keep the family unit together in the same form as it is at the moment then your only option is to remain in your present country. As Jan said, if it is your sibling filing for you then he or she can file separately for your mother as well (assuming that the financial aspects of sponsoring more family members are not a problem for the sibling)  but there is no way your child is going to be able to immigrate anywhere near the time you would.

 

The healthcare issue Jan mentioned is an issue too even if you have a sibling that can file for your mom, there was a case here recently where a petitioner had to show that they could cover medical insurance and expenses before a petition for their parent could be approved. Bear in mind your own circumstances - I don't know your age but judging from your kid being 35 and that there is maybe another 5 years if not more before  you can immigrate - you and your spouse will also probably be close to or at a normal retirement age. This has implications in terms of you simply not having the time to be able to contribute the required 10 years of contributions to social security so you will have very limited, if any, access to social security and  - more importantly give US healthcare costs - to Medicare.  Just raising this because we often see posts after people have moved about healthcare being much more expensive than they realized, especially if they do not have access to employer-subsidized insurance.