siblings follow to join father

B

bestpal

Registered Users (C)
Here is the sitiuation. My wife applied her father for green card and is at its final stage in NVC waiting for applicant documents. My wife also have a brother and sister at age 14. I understand that they cannot use follow to join his father. What is the best way to bring them here?

- Father get his GC then immediately file a petition (the thing is based on the waiting time, most likely they will turn 21 when then visa is available)
- Apply for a student visa at a private high school before the dad obtained his immigration visa then adjust status while studying in the state.

If option 2 is allowed, can the brother and sister status change to resident for tuition purpose and get EAD when applying while in the US?

This just sucks that they cannot use follow to join and the dad is a single parent.
 
bestpal said:
- Father get his GC then immediately file a petition (the thing is based on the waiting time, most likely they will turn 21 when then visa is available)
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Probably the best thing is for your wife to file an I130 for them ASAP to lock in an early priority date, then once it is approved or Dad gets his GC Dad will file a second I-130, and claim the earlier priority date. Once that earlier priority date becomes current for FB2, they start the NVC process.

If option 2 is allowed, can the brother and sister status change to resident for tuition purpose and get EAD when applying while in the US?
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Absolutely not.

This just sucks that they cannot use follow to join and the dad is a single parent.
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Here's probably the only way around it. Your wife files an FB4 I-130 for her siblings, but nothing for her father. Once the priority date gets close to what FB2 is at, she files an I-130 for her farther. Immediately after he gets his GC he files the I-130 for his children, claiming the PD from the earlier FB4 petitions; they're separated for 6-12 months tops.
 
If they were able to secure an F1 visa to study private high school in the US, why can't the father petition them while in the US? maybe can't get EAD and resident status. Can they keep F1 status and keep studying until the visa is available to them then go back their country of resident for the visa interview? Just trying to see if there's a better way for them.
 
bestpal said:
If they were able to secure an F1 visa to study private high school in the US, why can't the father petition them while in the US?
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While this is theoretically possible, there are two logistical hurdles to cross:

1) The father will need to prove that he can fund their education. Private high school runs around $10,000 per year per student.
2) They won't be able to get a new visa stamp, once Dad gets his GC.
 
I also have a question on the visa priority date. When does this date start? does it start when the I130 is filed and the priority date on the I130 receipt? or the visa priority date only starts when the I130 is approved?
 
PD is the date the petition is received by USCIS. It's indicated on the notice of receipt for I-130.
 
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