My brother filed an I-130 petition on my belhalf 12 years ago. According to the visa bulletin my priority date is a few months away from being processed. At the time this application was filed, my daughter was under 21 years old. Eventually and with the years my daughter got married and got divorced. Her ex-husband (a US Citizen) petitioned her but because problems in the marriage they never made it to the adjustment of status interview. Later on they got divorced and my daughter is back at home living with me and my wife. Now that the petition of my brother is about to be processed for me, is my daughter still elegible for AOS along with me since she is now unmarried and the petition was filed when she was under 21 ??? Can my wife of 37 years adjust status with me???
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I-130 Sibling Petition
- Thread starter NJALE
- Start date
TheRealCanadian
Volunteer Moderator
Now that the petition of my brother is about to be processed for me, is my daughter still elegible for AOS along with me since she is now unmarried and the petition was filed when she was under 21 ??? Can my wife of 37 years adjust status with me???
Your wife will be able to adjust; your daughter is unlikely to be able to. How old is she now, and how long did the I-130 take to be approved?
elcupacabras
Registered Users (C)
Your daughter will not be able to adjust....the only way she can do this is through you submitting an I-130 on her behalf once you yourself become a US citizen.
http://www.hooyou.com/familybased/close_umkid.html
http://www.hooyou.com/familybased/close_umkid.html
Back in 1997 the I-130 only took something like 6 months to get approved. The visa availability from the Department of State should come up pretty soon according to the visa bulletin for the 4th preference. My daughter is now 31 years old. The fact that she will be unable to adjust is because she is now over 21 or because she got married and divorced????
Thanks for your answers.....
Thanks for your answers.....
austriacus
Registered Users (C)
It's because her age when an immigrant number will become available, less the time the I-130 was pending, will be over 21 ... but look at the details of the CSPA for your specific case.
elcupacabras
Registered Users (C)
Back in 1997 the I-130 only took something like 6 months to get approved. The visa availability from the Department of State should come up pretty soon according to the visa bulletin for the 4th preference. My daughter is now 31 years old. The fact that she will be unable to adjust is because she is now over 21 or because she got married and divorced????
Thanks for your answers.....
Your daughter cannot adjust because she is no longer a dependent (under 21) so she cannot ride on your brothers petition for you (also because your brother cannot sponsor her as there is no family based visas for nieces/nephews, expect for dependents-children under 21-of siblings).
MarineBiologist
Registered Users (C)
No, your daughter cannot because your brother can only sponsor siblings; not nieces/nephews. Furthermore, she is currently over 21 and no longer a dependent.
Your Daughter cannot adjust with you right now because she is over the age according to the CSPA guidelines, HOWEVER, once you become a pemanent resident, you can file for her and she can retain the original priority date, which will make her current and she can adjust her status almost immediately after you become a permanent resident. Sometimes, they even approve the petition the same time as your interview once you become approved.
There has been one case like that. In that case they took the risk of including her in the application even though she wont qualify under cspa, and left it in the hands of the immigration officer, so when they got to the interview, the Immigration officer explained to them that even though she didnt qualify under cspa, her application is automatically converted to F2b and since the priority date was current and they already had her application, medicals, fees, etc they just approved her.
So its a risk you can take, but even if you dont want to take the risk because of the fees that might be lost due to denial, then the least you can do is to take your daughter's applications and fees with you to the interview and let them take it from there. at least that will facillitate your daughter's AOS process. The only key is that she has to remain unmarried through this process.
There has been one case like that. In that case they took the risk of including her in the application even though she wont qualify under cspa, and left it in the hands of the immigration officer, so when they got to the interview, the Immigration officer explained to them that even though she didnt qualify under cspa, her application is automatically converted to F2b and since the priority date was current and they already had her application, medicals, fees, etc they just approved her.
So its a risk you can take, but even if you dont want to take the risk because of the fees that might be lost due to denial, then the least you can do is to take your daughter's applications and fees with you to the interview and let them take it from there. at least that will facillitate your daughter's AOS process. The only key is that she has to remain unmarried through this process.
No, your daughter cannot because your brother can only sponsor siblings; not nieces/nephews. Furthermore, she is currently over 21 and no longer a dependent.
that is incorrect. A sibling can include his derivatives on his application, as long as they don't age out.
Immediate relative cannot have derivatives.