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  • Petitioning in-laws

    So wife just became a US citizen (YAY!!) and she wants to bring her parents and siblings here. The thing is brother is married with a kid and sister is married but in a different country. Can my wife still petition for her siblings? And how about her siblings' children and spouses? Do we file for them now or later?

  • #2
    Parents of US citizens have unlimited immigrant numbers. Process is much faster (6-18 months)
    Siblings come under F4 category and can take from 12-18 years depending on the country of their birth.
    Opinion only. Cannot be construed as legal advice.

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    • #3
      What do you mean by unlimited immigrant numbers?

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      • #4
        It means that the U.S. Congress has not placed a numerical limit on the number of visas that can be issued to immediate relatives of U.S. citizens.

        Comment


        • #5
          Originally posted by farazs1 View Post
          What do you mean by unlimited immigrant numbers?
          It means that an immigrant visa for a US Citizen’s parent is always available.
          USC filed AOS for parents on B2. I am not a lawyer.
          Timeline
          2020
          7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
          8/4 <— Checks cashed
          8/5 <— I-797 SMS
          8/24 <— Biometrics completed
          10/19 <— I-485 ("New Card Is Being Produced")
          10/20 <— I-130 and I-485 ("Case Was Approved")
          10/22 <— I-130 and I-485 Approval notices received
          10/28 <— Green card#1 received
          11/07 <— Green card#2 received

          Comment


          • #6
            quick question - my MIL had traveled to the US long time ago (more than 20 years ago). We are filling out her application now and it is asking for I94 number. How do we find that? Since that travel, she has had two passports now. We have a picture of previous visa but that only has old passport number and visa number I believe. There was another field, asking for travel document number. Is that same as passport number? thank you for all the help!

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            • #7
              1. You can try looking up the I-94 online here: https://i94.cbp.dhs.gov/I94/#/home but given its such a long time back, maybe you wont find it there. I, so, you can list it as Unknown and include an additional letter describing that and include additional info, e.g. copy of old visa, old passport copy etc. (basically everything you have about that travel.)
              2. For Travel Document number field - If she used Passport (as you indicated), you can leave this field empty or say N/A. (I left it empty when filing for my parents)
              USC filed AOS for parents on B2. I am not a lawyer.
              Timeline
              2020
              7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
              8/4 <— Checks cashed
              8/5 <— I-797 SMS
              8/24 <— Biometrics completed
              10/19 <— I-485 ("New Card Is Being Produced")
              10/20 <— I-130 and I-485 ("Case Was Approved")
              10/22 <— I-130 and I-485 Approval notices received
              10/28 <— Green card#1 received
              11/07 <— Green card#2 received

              Comment


              • #8
                Originally posted by farazs1 View Post
                quick question - my MIL had traveled to the US long time ago (more than 20 years ago). We are filling out her application now and it is asking for I94 number. How do we find that? Since that travel, she has had two passports now. We have a picture of previous visa but that only has old passport number and visa number I believe. There was another field, asking for travel document number. Is that same as passport number? thank you for all the help!
                The I-130 only asks for an I-94 number if the beneficiary is currently in the US. Is your MIL currently in the US?

                This is my personal opinion and is not to be construed as legal advice.

                Comment


                • #9
                  thank you both.

                  she is not here. I did try that link but they only have only up to 5 years old records.

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                  • #10
                    BTW can we submit two petitions for alien relatives (MIL and FIL) online? I started MIL form but have not submitted. I need to upload evidence and then submit. I tried to start one for FIL but it is not letting me. Is it because MIL form has not been submitted?

                    FIL does have valid B2 visa I believe. Can he just travel with MIL on valid B2 visa and then I can file for AoS for both?

                    Comment


                    • #11
                      Yes you can.
                      Also, your wife will be the petitioner for both applications.

                      What error are you getting for the second application?

                      Yes, they can travel on B-2 and then your wife can file AOS for both when they are here. Google “Adjustment of Status vs Consular Processing” to understand the differences.
                      USC filed AOS for parents on B2. I am not a lawyer.
                      Timeline
                      2020
                      7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
                      8/4 <— Checks cashed
                      8/5 <— I-797 SMS
                      8/24 <— Biometrics completed
                      10/19 <— I-485 ("New Card Is Being Produced")
                      10/20 <— I-130 and I-485 ("Case Was Approved")
                      10/22 <— I-130 and I-485 Approval notices received
                      10/28 <— Green card#1 received
                      11/07 <— Green card#2 received

                      Comment


                      • #12
                        I think website was just lagging. It is working fine now.

                        I read one article on AoS vs CP. It seems AoS is more expensive. Besides that I am hesitant to do it because when we apply for AoS, they will have to stay in the US until interview I believe. I doubt they would want to stay here that long.

                        BTW what additional documents we need to submit at the time of petitioning besides petitioner's birth certificate, petitioner's us naturalization certificate, and marriage certificate?

                        Comment


                        • #13
                          Oh and another issue, MIL's name on my wife's birth certificate is different than the one on passport. I listed that name where they ask for additional names used by beneficiary. Is that sufficient or do I need to change MIL's name on wife's birth certificate?

                          Comment

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