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FORM I-130 for my Mother and Sister

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  • FORM I-130 for my Mother and Sister

    I just had my Citizenship today, I have a few question about form i-130 to petition my mom and my sister.

    1. Is it possible to get my mom and my sister as derivative beneficiary?
    *My mom and my sister is in Philippines, Me and my sister dont have the same father. Her Father dont have any connection with her anymore. So Am i able to get my mom and my sister together?
    2. If not(no.1), Do i need to petition for my mom and my sister seperately?
    *If my mom come here first, no one is gonna take care of my sister in Philippines.
    3. If not(no.1) Do i need to petition for both of them at the same time?
    4. What is the best option for me to do in this kind of situation?

  • #2
    1. No. Parents of US citizens are in the Immediate Relative category, which cannot have derivative beneficiaries.
    2. You can petition both of them separately. Also, when your mom enters the US, your mom can also separately petition your sister. Note that your petition for your sister will be in the F4 category, which has a wait for visa numbers of about 20 years for people born in the Philippines. If your mother petitions your sister it will be in the F2A category (unmarried under-21 child of permanent resident) or F2B category (unmarried over-21 child of permanent resident). F2A currently has no wait for visa numbers, while F2B currently has a wait for visa numbers of around 11 years for people born in the Philippines. Your sister would have to remain unmarried for the petition from her mother to be valid.
    3. No. They are separate petitions.

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

    Comment


    • #3
      Originally posted by newacct View Post
      1. No. Parents of US citizens are in the Immediate Relative category, which cannot have derivative beneficiaries.
      2. You can petition both of them separately. Also, when your mom enters the US, your mom can also separately petition your sister. Note that your petition for your sister will be in the F4 category, which has a wait for visa numbers of about 20 years for people born in the Philippines. If your mother petitions your sister it will be in the F2A category (unmarried under-21 child of permanent resident) or F2B category (unmarried over-21 child of permanent resident). F2A currently has no wait for visa numbers, while F2B currently has a wait for visa numbers of around 11 years for people born in the Philippines. Your sister would have to remain unmarried for the petition from her mother to be valid.
      3. No. They are separate petitions.
      So the faster way is my mom will petition my sister using f2a category?

      Do my mom needs to be us citezen to start the petition? or as soon as she gets her green card she can start doing the petition?

      Comment


      • #4
        As soon as she enters the US with her immigrant visa, she immediately becomes a permanent resident (i.e. green card holder), and can immediately file the I-130.

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

        Comment


        • #5
          Originally posted by newacct View Post
          As soon as she enters the US with her immigrant visa, she immediately becomes a permanent resident (i.e. green card holder), and can immediately file the I-130.
          You think if i hire lawyer, they can try to consider my sister as derivative beneficiary? so they can go together

          Comment


          • #6
            Originally posted by nicolavs10 View Post

            You think if i hire lawyer, they can try to consider my sister as derivative beneficiary? so they can go together
            no

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

            Comment


            • #7
              Originally posted by newacct View Post

              no
              Can i put my sister from i-130 for now and when my mom gets it she files it too? Can we file it seperately so we can see which one is faster? or that will make the process slower?

              Comment


              • #8
                Originally posted by nicolavs10 View Post

                Can i put my sister from i-130 for now and when my mom gets it she files it too? Can we file it seperately so we can see which one is faster? or that will make the process slower?
                Yes, you and your mom can both petitioner her, as a backup just in case, if you guys are willing to pay two I-130 fees.

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

                Comment

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