Son and husband of my soon to be permanent resident sister

[californian 0]

I am a US citizen and I petitioned for my sister many years ago to become a US resident. (I believe I filed I-130). At the time she was single with no kids. Now my sister is married with a child. I expect her to get her call from the embassy soon for a green card interview. Does her status as a green card holder allow her current husband and 2 year old son to become residents as well?

[SusieQQQ 11,584]

Why are they not added to her F4 case now? They can get green cards with her as derivatives if they are. 

Edited September 21, 2019 by SusieQQQ

[californian 0]

2 hours ago, SusieQQQ said:

Why are they not added to her F4 case now? They can get green cards with her as derivatives if they are. 

I found this online "due to the cap on the number of F4 visas available each year, the applicants cannot start their application process until their priority date is current. What this means is that you can only apply for the F4 visa when it is your turn in the chronological order of all applications for F4 visas."

 

Does this mean I will get a letter with a priority date and then we file F4 for her husband and son? or I should inform USCIS ASAP that her martial status changed?

[SusieQQQ 11,584]

1 hour ago, californian said:

I found this online "due to the cap on the number of F4 visas available each year, the applicants cannot start their application process until their priority date is current. What this means is that you can only apply for the F4 visa when it is your turn in the chronological order of all applications for F4 visas."

 

Does this mean I will get a letter with a priority date and then we file F4 for her husband and son? or I should inform USCIS ASAP that her martial status changed?

You need to inform NVC ASAP that she has derivatives. They will be added to her case. You cannot file F4 separately for them, they don’t have the required relationship to you themselves to do so, they have to be added to her case as derivatives. If you don’t inform uscis that she has derivatives and she alone gets a visa, then she will have to sponsor them separately after she gets a green card and that will take another 2 years or so and cost more. There is no logical reason to do it this way.

im not clear where in this she is timeline wise as you say you expect an interview letter soon. Has she filled in a ds260 yet?

[SusieQQQ 11,584]

1 hour ago, californian said:

I found this online "due to the cap on the number of F4 visas available each year, the applicants cannot start their application process until their priority date is current. What this means is that you can only apply for the F4 visa when it is your turn in the chronological order of all applications for F4 visas."

 

Does this mean I will get a letter with a priority date and then we file F4 for her husband and son? or I should inform USCIS ASAP that her martial status changed?

If you filed many years you would have got the notification of priority date years ago too. If they are added to her case as derivatives they automatically get her priority date as it will be one case.