Unique Family Situation

[WonderingTT 2]

Greetings everyone. I am not sure if I am posting this in the correct place.

 

My family situation is like this: We are a family of 5 (2 parents and 3 children). Our oldest son (21) is a US citizen who is living here with us in the Caribbean. Our other two children are minors and they are not US citizens.

 

We found out that If our son wishes to sponsor us (parents) he needs to be living in the US or prove that he will actually move to the US permanently.

 

Our main concern is that our two other children  are not US citizens. It is our understanding that if our US citizen son sponsors one of us (parents), the other parent upon becoming a permanent resident can sponsor their spouse. And when the said spouse gets through, the children will automatically be able to travel to the US without having to file for them separately.

 

The issue is that we will be separated as a family for years. Is there another way to migrate without separating the family? Thank you in advance for your help.

[SalishSea 17,916]

44 minutes ago, WonderingTT said:

Greetings everyone. I am not sure if I am posting this in the correct place.

 

My family situation is like this: We are a family of 5 (2 parents and 3 children). Our oldest son (21) is a US citizen who is living here with us in the Caribbean. Our other two children are minors and they are not US citizens.

 

We found out that If our son wishes to sponsor us (parents) he needs to be living in the US or prove that he will actually move to the US permanently.

 

Our main concern is that our two other children  are not US citizens. It is our understanding that if our US citizen son sponsors one of us (parents), the other parent upon becoming a permanent resident can sponsor their spouse. And when the said spouse gets through, the children will automatically be able to travel to the US without having to file for them separately.

 

The issue is that we will be separated as a family for years. Is there another way to migrate without separating the family? Thank you in advance for your help.

How did your oldest son happen to get US citizenship?

[WonderingTT 2]

Just now, Jorgedig said:

How did your oldest son happen to get US citizenship?

We were living in the US for a couple of years legally (we had a visa). When our visa expired, we returned. 

[Boiler 45,651]

He can sponsor his siblings and then a year or two before their visa is current sponsor his parents.

Edited August 19, 2021 by Boiler

[WonderingTT 2]

2 minutes ago, Boiler said:

He can sponsor his siblings and then a year or two before their visa is current sponsor his parents.

Thank you Boiler. Is there another way without having to wait 12+ years for their visas? Thanks in advance.

[Boiler 45,651]

They can look at options to move independently rather that through family sponsorship.

[SusieQQQ 11,586]

There’s no way to do it all together.

 

The option you mentioned is one way. Another is for him to sponsor both parents, then one of them sponsors the kids and gets a re-entry permit to live with them while awaiting a visa. Both should take about the same amount of time, around 2 years from when the new LPR files for kids or spouse + derivative kids.

 

US income will be needed to sponsor all intending immigrants. What kind of qualifications/ experience does your son have? What kind of work will the parents be able to do when they immigrate?  Which of the two routes is preferable (who sponsors who when) might be circumscribed by how much sponsor income is available for each petition.

Edited August 19, 2021 by SusieQQQ

[Timona 4,207]

13 minutes ago, WonderingTT said:

Thank you Boiler. Is there another way without having to wait 12+ years for their visas? Thanks in advance.

Sponsor both you and the dad at the same time (roughly 1 year to interview). IR5

 

When you get GC, one of you to petition for the other 2 kids under (roughly another year to interview for the kiddos) . F2A

[Mike E 11,740]

1 hour ago, WonderingTT said:

My family situation is like this: We are a family of 5 (2 parents and 3 children). Our oldest son (21) is a US citizen who is living here with us in the Caribbean. Our other two children are minors and they are not US citizens.

How old are your younger two children?

[WonderingTT 2]

11 minutes ago, Boiler said:

They can look at options to move independently rather that through family sponsorship.

They are young teens and they have special needs.

7 minutes ago, Mike E said:

How old are your younger two children?

13 and 15.

[WonderingTT 2]

8 minutes ago, Timona said:

Sponsor both you and the dad at the same time (roughly 1 year to interview). IR5

 

When you get GC, one of you to petition for the other 2 kids under (roughly another year to interview for the kiddos) . F2A

Maybe I am wrong but it was my understanding that sponsoring both of us at the same time couldn't work and can only one if ONE of us gets LPR then they sponsor the spouse and the children automatically are included?

[Timona 4,207]

3 minutes ago, Timona said:

Sponsor both you and the dad at the same time (roughly 1 year to interview). IR5

 

When you get GC, one of you to petition for the other 2 kids under (roughly another year to interview for the kiddos) . F2A

The above should take like 2 year for both parents and the kids to be in the US.

 

To add on the above:

1. He can start by filing 2 separate I-130s for you and the dad online while he is still in the Caribbean. Super easy process.  Create an online account. Create and submit 2 submissions in one go.
2. He then needs to come back to US and establish domicile.
3. Similarly, soon after submissions, he needs to look for a  job in the US that can give him enough money on his W-2 to sponsor both you two OR look for a sponsor. Whichever way works. However, I believe he needs to re-stablish domicile in the US. This one cannot be substituted. Only sponsorship can be substituted.

[WonderingTT 2]

13 minutes ago, SusieQQQ said:

There’s no way to do it all together.

 

The option you mentioned is one way. Another is for him to sponsor both parents, then one of them sponsors the kids and gets a re-entry permit to live with them while awaiting a visa. Both should take about the same amount of time, around 2 years from when the new LPR files for kids or spouse + derivative kids.

 

US income will be needed to sponsor all intending immigrants. What kind of qualifications/ experience does your son have? What kind of work will the parents be able to do when they immigrate? 

But if both parents get green cards, aren't they supposed to be living in the US? If this is the case, where will the children be?  We cannot leave the other two kids with anyone else since they have special needs.

[WonderingTT 2]

1 minute ago, Timona said:

The above should take like 2 year for both parents and the kids to be in the US.

 

To add on the above:

1. He can start by filing 2 separate I-130s for you and the dad online while he is still in the Caribbean. Super easy process.  Create an online account. Create and submit 2 submissions in one go.
2. He then needs to come back to US and establish domicile.
3. Similarly, soon after submissions, he needs to look for a  job in the US that can give him enough money on his W-2 to sponsor both you two OR look for a sponsor. Whichever way works. However, I believe he needs to re-stablish domicile in the US. This one cannot be substituted. Only sponsorship can be substituted.

Yes, we have a co-sponsor already and yes I agree with establishing domicile. The problem is that after we get through with a GC we need to literally move to the US and our other two kids will need to remain behind and of course, this isn't an option.

[Crazy Cat 41,975]

2 minutes ago, WonderingTT said:

Yes, we have a co-sponsor already and yes I agree with establishing domicile. The problem is that after we get through with a GC we need to literally move to the US and our other two kids will need to remain behind and of course, this isn't an option.

There are no derivatives for immediate relatives of US citizens (Parents).  That is the issue preventing everyone from immigrating together.