aaron2020

The fastest way for you to immigrate is for your green card husband to file the I-130 right now. Your husband can upgrade the petition for you when he becomes a US citizen. Applying for you later when he gets US citizenship would be a waste of time. There is no advantage to wait for US citizenship. This is just wasting time.

Understand that ALL OF US have been separated from family during our immigration processes. If there was another way, we would have told you already. There isn't. If you want to immigrate, then get a Joint Sponsor or have your wife come to the US and get a job first. There is no other option. No other visa.

For example: You and your wife make enough to be the Joint Sponsor & Household Member for 5 of the immigrants. So your household would be 2 + 5 = 7 Your SIL is the Joint Sponsor for the remaining 4 immigrants. Her household would be 1 + 4 = 5. Essentially, the two different Joint Sponsors will divide up the intending immigrants between the two of them.

Your MIL's household: her and 9 immigrants = 10 Your and your wife's household: 2 of you and only those immigrants you will sponsor. Your SIL's household: her and only those immigrants she will sponsor. It is a big deal if you can declare to be in the same household or not. If you were in the same household, then you could combine income. But you are 3 separate households, so you can not combine income. The law does not allow all four of you to declare yourself as a single household to combine income.

Related people can live in the same house and not be considered the same household. Does your MIL declare any of the three of you living with her as tax dependents on her tax return? How old is your SIL?

An F1 student visa applicant must prove that she intends to return home after completing her studies. She can not have the intent to immigrate. The EASIEST way to get your wife to the US is through you, the green card holder. The US Embassy is well aware of people wanting to use student visas to avoid the wait of immigration. There is no fast, cheap, or easy way with immigration. If there was, we all would be rich marketing it. Be patient. Visit often. Develop your case. Be smart.

A J-1 visa applicant can not have immigrant intent. Your wife has filed an I-130 showing your intent to immigrate. Stopping the I-130 does not undo the fact that you filed with immigrant intent. It would be a HUGE mistake to withdraw the I-130 and apply for the J1 since you can not show that you do not have immigrant intent. You are already planning to stay after the J1 expires, so that's immigrant intent disqualifies you from the J1. Withdrawing the I-130, then having your J-1 visa application rejected for immigrant intent will only set you back. You will waste time and money. In rejecting your J-1 visa, the US Embassy will tell your wife to file the I-130 for the correct visa to immigrate. GET A JOINT SPONSOR. OR YOUR WIFE COMES FIRST, GET A JOB, THEN YOU COME. The ONLY WAY for you to move together is for her to get a JOINT SPONSOR.

With a medical emergency, medical treatment should be sought immediately. Waiting six months for an immigration visa to treat a medical emergency is nuts. The OP should go to the US Embassy and try if she wants. A new VJ member telling her that his medical emergency could be taken into consideration is wrong for two primary reasons; 1) a medical emergency to the beneficiary is not a reason for an expedite, and 2) AP can not be expedited. The beneficiary should get medical treatment now. Holding off on treatment with a case in AP from Pakistan is nuts. Sorry to the OP for this harsh shot of reality. Also, how is he going to pay for treatment in the US? That could be a concern with the public charge issue.

It doesn't matter if the beneficiary has seen a doctor or not. The rule is clear - a medical emergency to the beneficiary is not a reason to expedite a case. A medical emergency to the petitioner could be a reason for an expedite.

https://www.visajourney.com/content/i130guide1 Same procedure as an IR-1. The only exception is that you have to wait 2.5 to 3 years for a visa in the F2a category. Tax returns will matter in 2021. You don't need any tax returns now. Your husband does not need tax returns to file the I-130 right now. Google I-864p.

On what do you base this opinion? Everyone is saying no. You are the only one saying it would be considered. Why? Based on what experience? Or is this just a wild guess on your part?

One parent was the Joint Sponsor who filed an I-864. The other parent was a Household Member of the Joint Sponsor who filed an I-864a. There was only one Joint Sponsor.

For an IR-1/CR-1 case where there is only one beneficiary, there can only be one Joint Sponsor. You can not use two Joint Sponsors for one beneficiary.

Sorry about your situation. Unfortunately, there is nothing you can do. You do not have a way to stay. There is no way to bring your little boy to the US. Ask your family and friends for help in getting a plane ticket home.

It's an F2a family preference category case because your husband, the petitioner, is a permanent resident (green card holder). IR-1 is for the spouse of a US citizen petitioner. You are not the spouse of a US citizen, so you do not qualify for an IR-1.