Filing for adult daughter

[amaloveskofi 7]

Hi,

I need some help and hoping I can get some answers on where to start!

I brought my mom here 7 years ago, but she hasn't applied to be a citizen  yet and we are thinking of filing for my sister who is 33 years old, with 4 children and 1 due in March. My sister is married traditionally  per our custom,but not at the court level, so legally she's  not married.

What would be the best way to file for her?

1) should  I file for my sister since I'm a US citizen. 

2)Should my mom file for her with her permanent  resident status  or should she wait till she is a citizen  to file

3) when we file, should we file for just my sister and probably  the newborn as her being unmarried or married? We just don't have the funds to bring all her children with her. So the plan is she gets here, work  and then go get her children and her husband.

Please advise me on the best way to do this and if anyone have an idea of what time-line we'll  be looking  at.

Thanks.

 

Edited January 11 by amaloveskofi
Correction

[appleblossom 2,685]

Your Mum can’t petition for her until she’s a citizen, as I think her marriage will still count (which is good as otherwise her husband would have to be left in Ghana). 
 

So at the moment only you can do it, and sponsoring a sibling is a 20+ year wait.

Once your Mum is a citizen she can sponsor her and that’s shorter wait but still a 10 year or so wait as a rough guide. 
 

So you petition for her now, as back up, then get your Mum to apply for citizenship asap and also apply once she has it. 
 

The Visa Bulletin is what you need to keep an eye on to see how processing times are moving - categories F4 and F1. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-january-2024.html

 

One last thing to note - either way it’s not likely your sister will be able to bring all of her children, as at least some of them may ‘age out’ before she gets a visa. But it depends on how old they are and how long it takes, just something to be aware of anyway. If you don’t petition the kids and she leaves them, then she’ll have another long wait herself to bring them over (categories F2A/F2B on the VB). 
 

Good luck. 

Edited January 11 by appleblossom

[Boiler 45,658]

Customary Marriage: After the customary rites of marriage are performed, the couple can register at the local Registrar of Marriages in the district where they reside, along with one witness. They will be asked to provide a statutory declaration describing the marriage ceremony and declaring it was made in accordance with their ethnic group’s customary law. The application for the registration of the marriage must be made within three months of the marriage ceremony. The certificate will say "married under customary law" in the space provided for "condition."

 

So assuming that has not been done your Mother can file for her, you do not file for the children.

 

I think it is safer that your Mother naturalises as then the question would be is it F1 or F3 not is she was petitioned at all.

 

She only files for the Daughter, the newborn would be a derivative.

 

You should also file for your sister, her being married or not is not a factor for your petition.

[amaloveskofi 7]

Ooo my!! I didn't realize it could take that long. I guess the best option I'd to get my mom to naturalize a d then she files for my sister and all her kids.  Should we exclude kids who will turn 18 after this 10 year wait?

How will her husband be covered in all this?  Do we file for him as well or?

And my mom has. Ever worked since she got here in the states. Will that affect anything?

 

Thanks.

 

[Boiler 45,658]

You file for Sister

 

Children do not come into the equation now.

 

Similar for any legal husband but she currently does not have one

 

If she will not be working then your Mother will need a Joint Sponsor.

[amaloveskofi 7]

So then I'm looking at a 20 year wait time I file then right?

[Boiler 45,658]

Just now, amaloveskofi said:

So then I'm looking at a 20 year wait time I file then right?

For your filing I would expect it to be longer, quicker for your Mothers case.

[amaloveskofi 7]

I may not have explained better in my questions. I'm referring to the same person here, which is my sister. Is it better that my mom files for her or is it better if I file. And it seems it's better if my mom files. 

So that's what we'll  do.

That brings me to, if we should or not file for my sisters children and husband?

[amaloveskofi 7]

3 hours ago, appleblossom said:

Your Mum can’t petition for her until she’s a citizen, as I think her marriage will still count (which is good as otherwise her husband would have to be left in Ghana). 
 

So at the moment only you can do it, and sponsoring a sibling is a 20+ year wait.

Once your Mum is a citizen she can sponsor her and that’s shorter wait but still a 10 year or so wait as a rough guide. 
 

So you petition for her now, as back up, then get your Mum to apply for citizenship asap and also apply once she has it. 
 

The Visa Bulletin is what you need to keep an eye on to see how processing times are moving - categories F4 and F1. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-january-2024.html

 

One last thing to note - either way it’s not likely your sister will be able to bring all of her children, as at least some of them may ‘age out’ before she gets a visa. But it depends on how old they are and how long it takes, just something to be aware of anyway. If you don’t petition the kids and she leaves them, then she’ll have another long wait herself to bring them over (categories F2A/F2B on the VB). 
 

Good luck. 

Are you allowed to put 2 petitions in for 1 person. 

What do you suggest we do with her children and husband? Do we petition for them as well? Or that's not possible.

[Crazy Cat 41,979]

2 minutes ago, amaloveskofi said:

What do you suggest we do with her children and husband? Do we petition for them as well? Or that's not possible.

Go back and read what @Boiler posted above.

[amaloveskofi 7]

13 minutes ago, Crazy Cat said:

Go back and read what @Boiler posted above.

Thanks for all your help. I appreciate  it. 🙏 

[Boiler 45,658]

22 minutes ago, amaloveskofi said:

Are you allowed to put 2 petitions in for 1 person. 

What do you suggest we do with her children and husband? Do we petition for them as well? Or that's not possible.

 

You need to read the replies

 

You and your Mother can both petition your sister

 

A legal spouse and minor children will be included much later as derivatives.

 

If her partner wishes to come they will need at some point to marry.

[amaloveskofi 7]

12 minutes ago, Boiler said:

 

You need to read the replies

 

You and your Mother can both petition your sister

 

A legal spouse and minor children will be included much later as derivatives.

 

If her partner wishes to come they will need at some point to marry.

I did read the replies, I just missed some of them and I was a little confused, but I get it now. Thanks so much for your help

[appleblossom 2,685]

1 hour ago, amaloveskofi said:

Are you allowed to put 2 petitions in for 1 person. 

 

 

Yes, but only if your sister is unmarried (if she's married then your mother can't petition for her as she's not a citizen yet - green card holders can only petition for unmarried children). You need to first work out if she'll count as legally married or not depending on the details of her marriage. 

 

And of course, if she's not married then she'll need to get married for her husband to be able to move as well. 

 

I would look very carefully at the various options and timings i.e. if she's unmarried and your mother sponsors her, then she gets married after green card, then brings husband over versus if she gets her marriage recognised now, and waits for your Mum to sponsor them once she's a citizen. You need to work out which may be quicker (with the caveat that things may have changed in a decade or so when she's actually at the point of a visa), but you might want to cost up the various options as well if money is tight, and see which would be cheaper.  

 

Either way, it's unlikely her children will all be able to accompany her, but you've not given their ages so hard for us to know. But she needs to be prepared to leave them behind and then sponsor them further down the line with being apart for quite a bit of time. So it's also worth having a conversation with her and seeing if she'd be prepared to do that - no point in paying the fees if not. 

 

Good luck. 

[amaloveskofi 7]

2 hours ago, appleblossom said:

 

Yes, but only if your sister is unmarried (if she's married then your mother can't petition for her as she's not a citizen yet - green card holders can only petition for unmarried children). You need to first work out if she'll count as legally married or not depending on the details of her marriage. 

 

And of course, if she's not married then she'll need to get married for her husband to be able to move as well. 

 

I would look very carefully at the various options and timings i.e. if she's unmarried and your mother sponsors her, then she gets married after green card, then brings husband over versus if she gets her marriage recognised now, and waits for your Mum to sponsor them once she's a citizen. You need to work out which may be quicker (with the caveat that things may have changed in a decade or so when she's actually at the point of a visa), but you might want to cost up the various options as well if money is tight, and see which would be cheaper.  

 

Either way, it's unlikely her children will all be able to accompany her, but you've not given their ages so hard for us to know. But she needs to be prepared to leave them behind and then sponsor them further down the line with being apart for quite a bit of time. So it's also worth having a conversation with her and seeing if she'd be prepared to do that - no point in paying the fees if not. 

 

Good luck. 

The children are 15, 9, 7, 3 and she's  currently  pregnant  with 1, due in March. 

I will definitely  take  all this into consideration and decide on what the best way is. I appreciate your help. 

Thank you.