Derivative Beneficiaries

[Tay123 4]

just to get this straight, if I file for my sister who is married and has children under 21 unmarried, I would file one petition for her and they, including her spouse and children,  all would be allowed to enter USA once application and is approved and everything? 
 

2. I pay just the $535 fee and that includes all of them correct? 

[Chancy 6,241]

19 minutes ago, Tay123 said:

if I file for my sister who is married and has children under 21 unmarried, I would file one petition for her and they, including her spouse and children,  all would be allowed to enter USA once application and is approved and everything?

 

If you file a petition for your sister now, she and her family will need to wait around 15+ years until visa numbers become available for them.  If at that time, her children are still unmarried and under 21 years old (or older than 21 but protected under CSPA), then they will be eligible to apply for visas.

 

23 minutes ago, Tay123 said:

I pay just the $535 fee and that includes all of them correct?

 

You file only 1 petition and pay only the filing fee for that.  After the petition is approved and visa numbers become available, they will need to pay additional fees at NVC stage.

 

[SusieQQQ 11,586]

Yes

[Tay123 4]

23 minutes ago, Chancy said:

 

If you file a petition for your sister now, she and her family will need to wait around 15+ years until visa numbers become available for them.  If at that time, her children are still unmarried and under 21 years old (or older than 21 but protected under CSPA), then they will be eligible to apply for visas.

 

 

You file only 1 petition and pay only the filing fee for that.  After the petition is approved and visa numbers become available, they will need to pay additional fees at NVC stage.

 

What are the NVC fees? I thought it was just the $535

[Chancy 6,241]

1 minute ago, Tay123 said:

What are the NVC fees? I thought it was just the $535

 

Those are fees to be paid after the petition has been approved.  No one knows how much the NVC fees will be 15+ years from now, but currently they cost $120 (affidavit of support fee) and $325 (immigrant visa fee).  The IV fee must be paid for each applicant, whether principal or derivative beneficiary.

 

[Tay123 4]

1 minute ago, Chancy said:

 

Those are fees to be paid after the petition has been approved.  No one knows how much the NVC fees will be 15+ years from now, but currently they cost $120 (affidavit of support fee) and $325 (immigrant visa fee).  The IV fee must be paid for each applicant, whether principal or derivative beneficiary.

 

What about for parents applications, is there also an IV fee for them?

[Chancy 6,241]

Just now, Tay123 said:

What about for parents applications, is there also an IV fee for them?

 

Yes.  IV fee for each visa applicant, whatever their immigrant visa category.

 

[Tay123 4]

4 minutes ago, Chancy said:

 

Those are fees to be paid after the petition has been approved.  No one knows how much the NVC fees will be 15+ years from now, but currently they cost $120 (affidavit of support fee) and $325 (immigrant visa fee).  The IV fee must be paid for each applicant, whether principal or derivative beneficiary.

 

 

Just now, Chancy said:

 

Yes.  IV fee for each visa applicant, whatever their immigrant visa category.

 

Ok let me ask this,

 

when my parents come and after a few years become us citizens, it would be quicker for them to petition for there daughter to come, they can also add her spouse and children to come as derivative beneficiaries correct? How long apprx would this take since it is her parents petitioning and not sister? 

[Chancy 6,241]

5 minutes ago, Tay123 said:

when my parents come and after a few years become us citizens, it would be quicker for them to petition for there daughter to come, they can also add her spouse and children to come as derivative beneficiaries correct? How long apprx would this take since it is her parents petitioning and not sister? 

 

Assuming no drastic changes in family-preference visa trends, your sister's wait time would be shorter if you file for her now under F4 (sibling of USC) category.  Current wait time for F3 (married children of USC) is 13+ years.  But since your parents don't have visas yet, that would mean waiting around 7 years (for visa + citizenship) before they can even file a petition for your sister.

 

[SusieQQQ 11,586]

2 hours ago, Tay123 said:

 

Ok let me ask this,

 

when my parents come and after a few years become us citizens, it would be quicker for them to petition for there daughter to come, they can also add her spouse and children to come as derivative beneficiaries correct? How long apprx would this take since it is her parents petitioning and not sister? 

It’s not going to end up saving time because she is married already. The difference between sibling of USC and married child of USC petitions is currently around 1.5 years for most countries (a bit longer for India, no difference for Philippines). All well less than the 5 years it will take them minimum before they can become citizens, and also  bearing in mind it will take your parents a year or so before they can even get a green card, vs if you file for your sister at the same time as them. Bottom line this route is likely to end up being a few years longer, not shorter becasue they can only start the petition 6 years or more after you have filed for them.
 

(If your sister was single, then they could file for her as soon as they get green cards and there is also a much bigger time difference between that vs the sibling petition, and then it would have made sense.)

Edited June 26, 2021 by SusieQQQ

[Tay123 4]

15 minutes ago, SusieQQQ said:

It’s not going to end up saving time because she is married already. The difference between sibling of USC and married child of USC petitions is currently around 1.5 years for most countries (a bit longer for India, no difference for Philippines). All well less than the 5 years it will take them minimum before they can become citizens, and also  bearing in mind it will take your parents a year or so before they can even get a green card, vs if you file for your sister at the same time as them. Bottom line this route is likely to end up being a few years longer, not shorter becasue they can only start the petition 6 years or more after you have filed for them.
 

(If your sister was single, then they could file for her as soon as they get green cards and there is also a much bigger time difference between that vs the sibling petition, and then it would have made sense.)

But don’t my parents get green cards right away without adjusting status as i130? 

[nelmagriffin 148]

2 hours ago, Tay123 said:

What are the NVC fees? I thought it was just the $535

Greetings Tay123, Just to give you a heads up of the total cost involved. This is Philippine immigrant to the USA. I think it is more or less the same with the immigration fees.

Here the things that would give you an estimate for everything, Anyone may chime in if I missed something.

 

1. $535.00 Petition for Aline Relative (your sister). Once it is approved, then your sister as well as all that will join her will have to pay at the NVC stage the following.

2. $325.00 Immigrant visa application fee ( one for her husband, and each child as well).

3. $120.00 Affidavit support fee.

4. $357.00 Medical fee ( This is Philippine medical fee. I have no idea if it is standard fee or other countries have to pay the same). And $197.13 for child under 15 years old.

5. $220.00 USCIS immigration fee, Must be paid after the interview, so their green card will be mailed at the address specfied in the application.

6. $1,140 Adjustment of status for adult and $750.00 for child under 14 years old.

7. Plus flight fare.

8. Miscellaneous fee, such as tax travel fees, terminal fees. plus producing all documents required during the process ex. birth certificates , photosetc.

Edited June 26, 2021 by nelmagriffin

[Chancy 6,241]

3 minutes ago, Tay123 said:

But don’t my parents get green cards right away without adjusting status as i130? 

 

Yes, your parents will become green card holders right after entering the US with their IR5 visas and without needing to adjust status.  But didn't you just file a petition for them this month?  In that case, it would take around a year or so before they even get their visas to enter the US as immigrants.

 

[Chancy 6,241]

8 minutes ago, nelmagriffin said:

6. $1,140 Adjustment of status for adult and $750.00 for child under 14 years old.

 

Not necessary for those entering the US with immigrant visas like IR5 and F4.

 

Edited June 26, 2021 by Chancy

[Tay123 4]

2 minutes ago, Chancy said:

 

Not necessary for those entering the US with immigrant visas like IR5.

 

So last question, I file for my sister and her husband and children I lost under other family members of beneficiary and they are included as derivative? How does uscis know I am requesting for all of them to come as well