TheRealCanadian

[trialanderror83]

Hey RC,

I have a quick question. I will be able to apply for U.S. citizenship in December of this year.

I would like to put in a I-130 for my sister living in Canada. She has 2 kids, first is 11, 2nd is 8. Do I have to put in seperate petitions for the kids? and what about her husband? Do I just put in one and they are all included?

I remember hearing somthing about the kids being included because of their age? is this true?

Second, she doesn't have any intentions on moving to the U.S. anytime soon, (obviously it will take 10-11 yrs anyhow). But when the time comes to apply for the GC, does she have to apply immediately or can it be anytime after her PD is available, i.e. 20yrs??

Thanks,

Trialanderror...

 

[TheRealCanadian]

I would like to put in a I-130 for my sister living in Canada. She has 2 kids, first is 11, 2nd is 8. Do I have to put in seperate petitions for the kids? and what about her husband? Do I just put in one and they are all included?

You can only petition your sister, so only 1 I-130. The husband will be a derivative beneficiary, as may the children. Based on the FB4 wait time, the children will almost certainly need to claim CSPA relief; my guess is that if the I-130 takes ~2 years to approve and the wait time is 11 years they'll be OK, but CSPA makes my head hurt and I still don't fully understand it all.

Second, she doesn't have any intentions on moving to the U.S. anytime soon, (obviously it will take 10-11 yrs anyhow). But when the time comes to apply for the GC, does she have to apply immediately or can it be anytime after her PD is available, i.e. 20yrs??

I believe that NVC will consider abandoned an approved immigrant visa application if the beneficiary doesn't start the visa process within 1 year of the PD becoming current, but I'd double check that - http://tokyo.usembassy.gov/e/visa/tvisa-ivnatlvisacenter.html

 

[trialanderror83]

you can only petition your sister, so only 1 i-130. The husband will be a derivative beneficiary, as may the children. Based on the fb4 wait time, the children will almost certainly need to claim cspa relief; my guess is that if the i-130 takes ~2 years to approve and the wait time is 11 years they'll be ok, but cspa makes my head hurt and i still don't fully understand it all.



I believe that nvc will consider abandoned an approved immigrant visa application if the beneficiary doesn't start the visa process within 1 year of the pd becoming current, but i'd double check that - http://tokyo.usembassy.gov/e/visa/tvisa-ivnatlvisacenter.html

Cspa...