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AFWMWA

I am a USC and needing help with immigrating family

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Filed: AOS (apr) Country: Malaysia
Timeline

Hello all!

VJ has helped me so much along my journey and as of May 2019 I am officially a USC! With that being said, I need help with certain scenarios. Keep in mind, my main focus is getting my youngest sibling (15 years old) here with me so I can see her through college here.
I also have another sibling who is 23 years old but she already finished her college in Singapore. Both unmarried with no children. 

1) Should I petition for both of them? I know they are on low priority so it will be a long time before they become permanent residents. (Not ideal)

2) Should I petition for my parents for their permanent residence and then get them to petition my siblings? Will that be a quicker process? 


I hope I can get some help around this, I appreciate your help and insights!

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Filed: EB-3 Visa Country: Germany
Timeline

As @SusieQQQ said 2 will definitely be faster. If you go through 1, it will take 16+ years for them to immigrate.

 

For option 2 your parents will have to immigrate before they can file.

 

Timeline would be approx:

Younger sibling: 12-16 months for parent's petition, parents immigrate, parents file F2A, Approx 2 years processing = 3-4 years approx before they can immigrate at the earliest (must remain unmarried)

Older sibling: 12-16 months for parent's petition, parents immigrate, parents file for F2B, 6+ years wait = 7-8 Years approx before they can immigrate at the earliest (Must remain unmarried)

 

Keep in mind the IR category does NOT allow your parents to bring their youngest child as a derivative.

Edited by designguy

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Filed: AOS (apr) Country: Malaysia
Timeline

Wait... So if my parents immigrate here first, are we expected to leave my youngest sibling back home while my parents live here for the time it takes for them to process the F2A?

Also, is it possible to file for her permanent residence now, but when she graduates high school in 2 years apply for a student visa for her to come here and go to school while the green card process is on-going? 

I really appreciate your input guys, thank you!!

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12 minutes ago, AFWMWA said:

Wait... So if my parents immigrate here first, are we expected to leave my youngest sibling back home while my parents live here for the time it takes for them to process the F2A?

Also, is it possible to file for her permanent residence now, but when she graduates high school in 2 years apply for a student visa for her to come here and go to school while the green card process is on-going? 

I really appreciate your input guys, thank you!!

It’s not that you are “expected” to do anything. IR has a benefit of no wait time for a visa, the quid pro quo is no derivatives. The family will split some way during this process if you choose this route. One way to do it is have one parent apply for a re-entry permit (valid for 2 years) and wait behind with the minor child until her visa is ready.

 

if you don’t want them to split up at all then the alternative is just to file a sibling visa and wait 15 or so years.

 

Student visas have to show non-immigrant intent, almost certain it will be denied with an ongoing green card petition.

Edited by SusieQQQ

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47 minutes ago, AFWMWA said:

Wait... So if my parents immigrate here first, are we expected to leave my youngest sibling back home while my parents live here for the time it takes for them to process the F2A?

Also, is it possible to file for her permanent residence now, but when she graduates high school in 2 years apply for a student visa for her to come here and go to school while the green card process is on-going? 

I really appreciate your input guys, thank you!!

Like @SusieQQQ stated, Nothing is "expected" of you. The decision to immigrate is you and your family's. And with every decision there is a huge sacrifice. Your sister can not come prior to the parents immigrating. You can file for you sister now, but it will be many years before she receives a visa.

 

A student visa does not seem feasible because she would have to show that she has the full tuition for schooling up front.

 

But with all that said, you have to understand that as much as you want your sister here as quickly as possible, at least you still have options to do so. Most countries in the world don't even allow people to apply for extended family members like siblings to immigrate to their country (I am checking to see if even Malaysia has sibling visas). The US is one of the few that does. But it comes at a price, which is a long wait. And there are talks within the US government of removing the sibling category in the future. So, it is either wait a long time for sibling to immigrate or not be able to petition a sibling at all. Most people would chose the former.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: AOS (apr) Country: Malaysia
Timeline

@SusieQQQ and @Unlockable

For the student visa, I would need to prove that I can fund her whole year tuition and fees + living expenses, which I am fortunate enough to have.
I just wanted to give her the education and opportunity to start her career here. And she cannot start a job here when her F-1 student visa is up, and that's the only predicament I have.
I was not aware that there are talks about them removing that category :( 

I think I know what next steps I need to take, thank you all for your help!!
 

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Filed: K-1 Visa Country: Wales
Timeline

Well I have certainly seen people obtain Student Visa's having been applied for by siblings, will she no idea, the process is long so what she may or may not want to do in her 30's may not be that relevant.

 

As far as the Parents, do they want to immigrate to the US? Not exactly something to do on a whim, presumably they are c50 and most people are pretty settled in their careers etc at that point.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Just now, AFWMWA said:

@SusieQQQ and @Unlockable

For the student visa, I would need to prove that I can fund her whole year tuition and fees + living expenses, which I am fortunate enough to have.
I just wanted to give her the education and opportunity to start her career here. And she cannot start a job here when her F-1 student visa is up, and that's the only predicament I have.
I was not aware that there are talks about them removing that category :( 

I think I know what next steps I need to take, thank you all for your help!!
 

not sure if you missed a crucial point I made about a student visa or just didn’t realize it was critical? She has to prove non-immigrant intent. You funding her college in addition to filing for her makes that almost impossible. Many student visa applications are denied for immigrant intent.

 

As Unlockable says, you are lucky you even have the option to “give her the education and opportunity” here. Not possible in most other countries for siblings.

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Filed: AOS (apr) Country: Malaysia
Timeline

Yes! I understood that! I will not be pursuing that route. 

I agree, I am very lucky to even have that option, sometimes I just need a reminder :) 

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