I-130 mother/sister

[Joseph V 10]

Hello everyone.
I'm going to fill a I-130 for my mother soon, and I have a couple of questions.
 

1. I have seen the instructions but only for fiancé, where can I find the one for parents?
2. I'm a US citizen since 2014, born in Colombia, the Birth certificate is the same as "Registro de nacimiento certificado"?
3. I have a half sister (14 years old, mother side) what form do I or my mom have to fill at the same time for my sister to get a visa.
4. My mom and sister are currently living on Aruba, should I fill to the embassy on Colombia or Curaçao ?

 

Currently, both my mother and sister hold a tourist visa (B-2) and have been to the US twice.

 

Here is a picture of the Birth Certificate (question #2).
 

 

Thanks in advance for the help.
-Joe

[SteveInBostonI130 3,482]

Fiance form is I-129F.  If you are only seeing instructions for fiances, then you are looking at the wrong form.  Look for instructions for I-130.

 

Your mom can petition for your half sister after she arrives to the US on her IR5 visa.  That is, as long as your sister remains unmarried.  Your mom will fill out form I-130.

 

If your mom and sister have residency or authorized stay in Aruba, then I would recommend you to select Curacao.

 

Regarding your BC, as long as it lists your parents, that should be fine.  I would have to defer to others that are familiar with Colombia.

[Boiler 45,952]

Is it practical for your Mother to leave your half sister behind?

[JFH 12,191]

If you petition for your sister it’s going to take upwards of 15 years got her to get a visa. If you petition your mother, it’ll take 18 months approximately.

 

So your options are:

 

- petition for your sister and in 14 or so years time when the PD is current petition your mother. This way they can immigrate together.

- petition your mother. This will take around 18 months. She gets her visa and comes to the US and starts the petition for your sister. This will take another 18 months -  2 years. So in about 4 years everyone will be here but your sister will be left behind for around 2 years waiting for her visa after your mother gets here. 

It depends whether you want everyone here as quickly as possible or everyone to come together. 

Edited February 23, 2021 by JFH

[Joseph V 10]

1 hour ago, Boiler said:

Is it practical for your Mother to leave your half sister behind?

negative, as is only her and my sister on Aruba atm, and sending my sister back to Colombia is not an option as he has never actually lived there, she was born and raised on Aruba

[Boiler 45,952]

3 minutes ago, Joseph V said:

negative, as is only her and my sister on Aruba atm, and sending my sister back to Colombia is not an option as he has never actually lived there, she was born and raised on Aruba

Maybe give it a few years until your sister is independent?

[aaron2020 11,651]

Hi.

Google "I-130 instructions" and you'll find the instructions for filing for a parent.

 

There is no way for you to file to bring your mother and sister to the US at the same time.

In a scenario like yours, this is what others have done successfully.  File an I-130 for mom, it will take 12-18 months for her to get an immigration visa.  Once she enters the US on her immigration visa, she automatically becomes an LPR.  As an LPR, she can immediately file for her unmarried daughter under 21 years old in the F2a category which could take 12-24 months.  LPR mom applies for a Re-Entry Permit (I-131).  As soon as she does her biometrics, she can ask for her Re-Entry Permit to be sent to a US Embassy abroad and she can go back to take of her daughter.  The Re-Entry Permit allows her to be outside the US for up to 2 years without losing her LPR status AS LONG AS she maintains ties to the US.  (Google maintaining legal permanent residency.  This is VERY IMPORTANT.). When her daughter gets her interview, mom should return to the US to show that she has a US domicile.  Once daughter gets her immigration visa, she can join the rest of the family.

Does your mom and sister have legal residency of some kind in Aruba?

[aaron2020 11,651]

7 minutes ago, Joseph V said:

negative, as is only her and my sister on Aruba atm, and sending my sister back to Colombia is not an option as he has never actually lived there, she was born and raised on Aruba

Can your mom leave a 16 or 18  years old with a friend or relative in Aruba for 2-3 months?

Edited February 23, 2021 by aaron2020

[Joseph V 10]

3 minutes ago, aaron2020 said:

Hi.

Google "I-130 instructions" and you'll find the instructions for filing for a parent.

 

There is no way for you to file to bring your mother and sister to the US at the same time.

In a scenario like yours, this is what others have done successfully.  File an I-130 for mom, it will take 12-18 months for her to get an immigration visa.  Once she enters the US on her immigration visa, she automatically becomes an LPR.  As an LPR, she can immediately file for her unmarried daughter under 21 years old in the F2a category which could take 12-24 months.  LPR mom applies for a Re-Entry Permit (I-131).  As soon as she does her biometrics, she can ask for her Re-Entry Permit to be sent to a US Embassy abroad and she can go back to take of her daughter.  The Re-Entry Permit allows her to be outside the US for up to 2 years without losing her LPR status AS LONG AS she maintains ties to the US.  (Google maintaining legal permanent residency.  This is VERY IMPORTANT.). When her daughter gets her interview, mom should return to the US to show that she has a US domicile.  Once daughter gets her immigration visa, she can join the rest of the family.

Does your mom and sister have legal residency of some kind in Aruba?

Answer is yes, they have legal residency status in Aruba, they got their B-2 visas on the Curaçao embassy. about 18 months ago.

[Joseph V 10]

4 minutes ago, aaron2020 said:

Can your mom leave a 16 or 18  years old with a friend or relative in Aruba for 2-3 months?

My sister has a B-2 visa, could she come to the US for this time using her visa?

[aaron2020 11,651]

27 minutes ago, Joseph V said:

My sister has a B-2 visa, could she come to the US for this time using her visa?

She can visit, but she can not live here.  She can not go to school.  She would need to leave when her I-94 expires.  Do not violate the terms of her visitor visa.  

 

When your mom immigrates to the US, your sister could come to visit.  While your sister is visiting, your mom can apply for the Re-Entry Permit.  When your mom gets her Re-Entry Permit and your sister's I-94 is about to expire, they can go back to Aruba to wait for your sister's immigration visa interview.  

[Joseph V 10]

14 minutes ago, aaron2020 said:

She can visit, but she can not live here.  She can not go to school.  She would need to leave when her I-94 expires.  Do not violate the terms of her visitor visa.  

 

When your mom immigrates to the US, your sister could come to visit.  While your sister is visiting, your mom can apply for the Re-Entry Permit.  When your mom gets her Re-Entry Permit and your sister's I-94 is about to expire, they can go back to Aruba to wait for your sister's immigration visa interview.  

yep seems this is the way we gotta take.
Thanks for the advice.

[NigeriaorBust 4,087]

The possible issue with the plan of your sister coming here is that she may be seen as having immigrant intent and turned around.  If I were an IO and mom is coming to be an LPR and the daughter was saying she is just going to visit I would have to think really hard about the daughters intent. 

[SalishSea 18,094]

4 hours ago, Joseph V said:

negative, as is only her and my sister on Aruba atm, and sending my sister back to Colombia is not an option as he has never actually lived there, she was born and raised on Aruba

Then what will you do?  They cannot immigrate concurrently, as you've been informed in this thread.

[Mollie09 1,543]

10 hours ago, NigeriaorBust said:

The possible issue with the plan of your sister coming here is that she may be seen as having immigrant intent and turned around.  If I were an IO and mom is coming to be an LPR and the daughter was saying she is just going to visit I would have to think really hard about the daughters intent. 

This is probably the biggest issue with this plan - the sister coming with the mother, the mother with an IV and the sister with a NIV has a high likelihood of getting turned around.