I130 for siblings

[Shotspottery 0]

Hi- we are looking into filing an I130 for both of my husband's sisters once he becomes a USC.  It's my understanding that once that gets approved and a visa becomes available, they can fill out forms for their spouses and children to come over too.  If his sisters decide at that time that they'd prefer to remain in country, could their children still come over or would the sister/their mother need to come over as well?

[Crazy Cat 39,313]

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Edited August 7, 2022 by Crazy Cat

[Crazy Cat 39,313]

5 minutes ago, Shotspottery said:

f his sisters decide at that time that they'd prefer to remain in country, could their children still come over

No.  Derivative beneficiaries cannot enter the US without the primary beneficiary.

Edited August 7, 2022 by Crazy Cat

[Family 3,508]

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-august-2022.html

8 minutes ago, Shotspottery said:

we are looking into filing an I130 for both of my husband's sisters once he becomes a USC.  It's my understanding that once that gets approved and a visa becomes available, they can fill out forms for their spouses and children to come over too.  If his sisters decide at that time that they'd prefer to remain in country, could their children still come over or would the sister/their mother need to come over as well?

When your husband becomes a citizen, he files I-130 for sisters…at that time husbands and children are included. 
Then you wait 15 to 20 years for Visa to be Current/ available and if sisters are still married ( husband comes , even if it’s a new husband) and any children that did not age our ( less than 21 year old) by then

 

What country ?

 

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	01DEC14	01DEC14	01DEC14	15MAR00	01MAR12
F2A	C	C	C	22APR19	C
F2B	22SEP15	22SEP15	22SEP15	01APR01	22OCT11
F3	22NOV08	22NOV08	22NOV08	15OCT97	08JUN02
F4	22MAR07	22MAR07	15SEP05	01JUN00	22AUG02

[Shotspottery 0]

3 minutes ago, Family said:

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-august-2022.html

When your husband becomes a citizen, he files I-130 for sisters…at that time husbands and children are included. 
Then you wait 15 to 20 years for Visa to be Current/ available and if sisters are still married ( husband comes , even if it’s a new husband) and any children that did not age our ( less than 21 year old) by then

 

What country ?

 

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	01DEC14	01DEC14	01DEC14	15MAR00	01MAR12
F2A	C	C	C	22APR19	C
F2B	22SEP15	22SEP15	22SEP15	01APR01	22OCT11
F3	22NOV08	22NOV08	22NOV08	15OCT97	08JUN02
F4	22MAR07	22MAR07	15SEP05	01JUN00	22AUG02

They're from Burundi

[SusieQQQ 11,584]

The primary beneficiary needs to go through the entire visa process and enter the US on their immigrant visa either before or with the derivatives- only at that stage do the derivatives get their own green cards. 
 

as above, they will have a long time to wait anyway. May as well file, only need to decide a decade and a half or so down the line when their priority date gets current. How old are the kids?

Edited August 7, 2022 by SusieQQQ

[Family 3,508]

6 minutes ago, Shotspottery said:

They're from Burundi

So look at F-4  first row, they are now working on March 22,  2007 , so a long wait