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  1. #1
    Join Date
    Jan 2009
    Posts
    9

    Default I-130 for a Child

    Me and my husband are US citizen and want to file for our married daughter.


    1. WHo is the best to file for her, me as a mother or her father? Is there any preference/priority from USIS related to it? Reading I130 instructions looks like it is less documents required from the mother. Any advice please?

    2. Our son who is a US citizen has filed for her too, in March 2002, and the file is on pending waiting to be processed. The current date USIS is processing is May 30, 2001.

    a. Is there any problem that we are applying too, in addition to our son application for her?
    b. Are we in a much better position in term of the time shortening for the visa process, by applying as parents versus her brother's application even though that was in 2002?
    c. How long for,do you estimate she has to wait for her brother's petition in 2002 for her to get a permanent resident visa?

    Your advise is greatly appreciated.

  2. #2

    Default Re: I130 for a Child

    1. WHo is the best to file for her, me as a mother or her father? Is there any preference/priority from USIS related to it? Reading I130 instructions looks like it is less documents required from the mother. Any advice please?

    >> I doesn't really matter who files for her.

    2. Our son who is a US citizen has filed for her too, in March 2002, and the file is on pending waiting to be processed. The current date USIS is processing is May 30, 2001.

    >>> USC siblings petition is the last preference for I-130 and takes a long time. As u can see they are now processing 8-year-old application, but the whole process takes even longer than that(more than 10 yrs, and more if u are from either mexico or the philippines).

    a. Is there any problem that we are applying too, in addition to our son application for her?

    >>> If u reapply for her now, it will just cancel her brother's.

    b. Are we in a much better position in term of the time shortening for the visa process, by applying as parents versus her brother's application even though that was in 2002?

    >>> As she is married, she is in the third preference (just before the siblings preference), therefore will be just couple years less than the one her brother did.
    http://www.imminfo.com/Visas/i130prefns.html

    c. How long for,do you estimate she has to wait for her brother's petition in 2002 for her to get a permanent resident visa?

    >>> More than 10 years.

    Your advise is greatly appreciated.[/QUOTE]

    >>> If her husband is a LPR or USC, he can file for her. That is the fastest way. Otherwise, really don't see other alternative than get professional help.
    GOOD LUCK!

  3. #3
    Join Date
    Jan 2009
    Posts
    9

    Default Re: I130 for a Child

    Thank you for your response.

    I got really concerned as to the below: !!!!!!.

    a. Is there any problem that we are applying too, in addition to our son application for her?

    >>> If u reapply for her now, it will just cancel her brother's.

    This is very important to know. Is this absolutely true and valid? I am sorry, but this is bad news to me. Can you plase elaborate a little more? Do you think it is better not to file for her then, since her brother filed in 2002 and she will just have to wait probably for another 4 -5 years. Do you think if I file today my daughter would be better off?
    If i had applied for her 5 years ago when I was a Permanent resident and adjust today as USC would have been better? I just did not know that I could do it.

    On the form I130:
    Question 15 is for myself or my daughter employer?
    Question 18: I dont want to put my address as I live in an senior residence where visitors are not allowed. Can I just put my son's address in US without creating any problem for him from USIC?

    Thank you very much and greatly appreciated

  4. #4

    Default Re: I130 for a Child

    I got really concerned as to the below: !!!!!!.

    a. Is there any problem that we are applying too, in addition to our son application for her?

    >>> If u reapply for her now, it will just cancel her brother's.

    This is very important to know. Is this absolutely true and valid?
    I am sorry, but this is bad news to me. Can you plase elaborate a little more?

    >>>Like i said when u apply for her, it will cancel her brother's application, b/c one beneficiary cannot have multiple petitions and hope for the fastest 2 go through(otherwise everybody will have lots of their relatives petition for them and hope for the priority one 2 be processed). The latest application submitted prevails and cancels the previous one.

    Do you think it is better not to file for her then, since her brother filed in 2002 and she will just have to wait probably for another 4 -5 years. Do you think if I file today my daughter would be better off?

    >>>>Whether u file 4 her now will not make much difference from her brother's b/c she is married. (Processing times for USC filing for siblings are from May 30, 2001; and processing times for USC filing for married son/daughter over 21 is from Aug o1, 2001).

    If i had applied for her 5 years ago when I was a Permanent resident and adjust today as USC would have been better? I just did not know that I could do it.

    >>>>IF 5 yrs ago she wasn't married or was under 21, yes it would have been better since they're processing those type of cases from 2005.

    On the form I130:
    Question 15 is for myself or my daughter employer?

    >>>>Q 15 is under your relative's info therefore your daughter's employer.

    Question 18: I dont want to put my address as I live in an senior residence where visitors are not allowed. Can I just put my son's address in US without creating any problem for him from USIC?

    >>>>>Q 18: Yes you can. (you can be living with your son or vice versa, right?!)

    The USC sibling petition is one of the longest (i know that from experience). My sister filed for me in 2005, but all lawyers told us the same thing (u are not going 2 get it 2morrow, supposedly some take up to 20 yrs). So as u are thinking right now, i wanted 2 have my dad (LPR) to resubmit it for me, but i turned 21 already and lawyers said it is about the same time frame.
    If you are not talking about her husband filing for her, i guess he is neither a USC or LPR (it would have been perfect though!).
    Anyway, you can confirm everything with a lawyer, and ask 4 more advice for your daugther.

    GOOD LUCK!

  5. #5
    Join Date
    Jan 2009
    Posts
    9

    Thumbs up Re: I130 for a Child

    Quote Quoting answerdigger
    View Post
    I got really concerned as to the below: !!!!!!.

    a. Is there any problem that we are applying too, in addition to our son application for her?

    >>> If u reapply for her now, it will just cancel her brother's.

    This is very important to know. Is this absolutely true and valid?
    I am sorry, but this is bad news to me. Can you plase elaborate a little more?

    >>>Like i said when u apply for her, it will cancel her brother's application, b/c one beneficiary cannot have multiple petitions and hope for the fastest 2 go through(otherwise everybody will have lots of their relatives petition for them and hope for the priority one 2 be processed). The latest application submitted prevails and cancels the previous one.

    Do you think it is better not to file for her then, since her brother filed in 2002 and she will just have to wait probably for another 4 -5 years. Do you think if I file today my daughter would be better off?

    >>>>Whether u file 4 her now will not make much difference from her brother's b/c she is married. (Processing times for USC filing for siblings are from May 30, 2001; and processing times for USC filing for married son/daughter over 21 is from Aug o1, 2001).

    If i had applied for her 5 years ago when I was a Permanent resident and adjust today as USC would have been better? I just did not know that I could do it.

    >>>>IF 5 yrs ago she wasn't married or was under 21, yes it would have been better since they're processing those type of cases from 2005.

    On the form I130:
    Question 15 is for myself or my daughter employer?

    >>>>Q 15 is under your relative's info therefore your daughter's employer.

    Question 18: I dont want to put my address as I live in an senior residence where visitors are not allowed. Can I just put my son's address in US without creating any problem for him from USIC?

    >>>>>Q 18: Yes you can. (you can be living with your son or vice versa, right?!)

    The USC sibling petition is one of the longest (i know that from experience). My sister filed for me in 2005, but all lawyers told us the same thing (u are not going 2 get it 2morrow, supposedly some take up to 20 yrs). So as u are thinking right now, i wanted 2 have my dad (LPR) to resubmit it for me, but i turned 21 already and lawyers said it is about the same time frame.
    If you are not talking about her husband filing for her, i guess he is neither a USC or LPR (it would have been perfect though!).
    Anyway, you can confirm everything with a lawyer, and ask 4 more advice for your daugther.

    GOOD LUCK!
    Thank you very much

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