Have i got this right?
Jul 15th 2008, 5:03 pm
#16
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Joined: Aug 2007
Location: Irvine California
Posts: 257
Re: Have i got this right?
OK
I think i have to go back to plan A
I will go over with work and take my youngest she can sign up to some sort of study to saty longer
I am looking for care work for my eldest as she has some good quals and experiance
Thanks for the help guys
Steve
I think i have to go back to plan A
I will go over with work and take my youngest she can sign up to some sort of study to saty longer
I am looking for care work for my eldest as she has some good quals and experiance
Thanks for the help guys
Steve
Jul 15th 2008, 5:21 pm
#17
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Joined: Sep 2002
Posts: 16,266
Re: Have i got this right?
You didn't ask about the wait time for the IR-1 visas. For you and her mother, there will be no waiting period except for the processing timeline. However, for her sister's the wait will be years and years.
Yes, her petition of you and her mother will be for an immediate relative visa, which if granted by the USCIS stateside and forwarded to the US Consulate abroad and then approved after interview, will mean that you will enter the US as permanent residents.
As for the financial issue, she will need to show income of 125% of the poverty guideline for a family her size plus you and her mother. If she is using assets it is 125% of the poverty guidelines X 3. It can be a combination of both.
Yes, her petition of you and her mother will be for an immediate relative visa, which if granted by the USCIS stateside and forwarded to the US Consulate abroad and then approved after interview, will mean that you will enter the US as permanent residents.
As for the financial issue, she will need to show income of 125% of the poverty guideline for a family her size plus you and her mother. If she is using assets it is 125% of the poverty guidelines X 3. It can be a combination of both.
Gentle reminder -- the 3x rule is for immediate relative spouses only. Immediate relative parents are subject to the standard 5x rule. The logic is that spouse can naturalize after 3 years but parents are subject to the standard 5 year requirement.
Jul 15th 2008, 5:27 pm
#20
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Re: Have i got this right?
You and your wife can immigrate based on your daughter's petitions. Once you guys become USC's, you can then petition for your children to immigrate. That's another possible route for you.
Otherwise, if you want the kids to come over sooner than the sibling visa allows, they will have to find their own way in....through work or study, most likely.
Rene
Otherwise, if you want the kids to come over sooner than the sibling visa allows, they will have to find their own way in....through work or study, most likely.
Rene
LPR's can only petition for the UNmarried offspring. If they marry before parent naturalizes, then the whole I-130 is considered revoked. If and when parent naturalizes, if offspring still married -- the FB-2 will be converted to FB-1 -- then marriage and divorces of beneficiary will cause conversions between FB-1 & F-3.
Further tip -- an I-130 should be filed for EACH classification they are qualified for -- so not only should sister file, but BOTH parents should file those "FB-2" I-130's ASAP. Given the backlogs, there is no way of telling of which visa petition will be used.
Jul 15th 2008, 5:33 pm
#21
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Joined: Aug 2007
Location: Irvine California
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Re: Have i got this right?
Hi:
LPR's can only petition for the UNmarried offspring. If they marry before parent naturalizes, then the whole I-130 is considered revoked. If and when parent naturalizes, if offspring still married -- the FB-2 will be converted to FB-1 -- then marriage and divorces of beneficiary will cause conversions between FB-1 & F-3.
Further tip -- an I-130 should be filed for EACH classification they are qualified for -- so not only should sister file, but BOTH parents should file those "FB-2" I-130's ASAP. Given the backlogs, there is no way of telling of which visa petition will be used.
LPR's can only petition for the UNmarried offspring. If they marry before parent naturalizes, then the whole I-130 is considered revoked. If and when parent naturalizes, if offspring still married -- the FB-2 will be converted to FB-1 -- then marriage and divorces of beneficiary will cause conversions between FB-1 & F-3.
Further tip -- an I-130 should be filed for EACH classification they are qualified for -- so not only should sister file, but BOTH parents should file those "FB-2" I-130's ASAP. Given the backlogs, there is no way of telling of which visa petition will be used.
Google time
Jul 16th 2008, 1:01 am
#22
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Joined: Sep 2006
Posts: 1,966
Re: Have i got this right?
Glad I'm not the only one who read that and thought "What the f......???" 
Jul 16th 2008, 1:19 am
#24
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Re: Have i got this right?
Clear and concise doesn't really help when it's written in a different language.. heh. Then again, I don't need to understand it!
Jul 16th 2008, 8:10 am
#26
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Re: Have i got this right?
I got a phone call from an attorney in CA last night he is going to phone me at 6pm UK time tonight to discuss my options it is a free consultation so i will draw up a list of questions today
.,
.,
Jul 16th 2008, 6:14 pm
#27
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Re: Have i got this right?
Hi all
OK I have just got off the phone with an attorney based in CA USA, really nice and helpful guy PM me if you want contact details
He has come up with possibilities for my move
Me the Mrs and my youngest daughter go over with my job on a L1 visa, he said that after just 60 days he would be applying for our green cards so if that happened my daughter would have hers before she had to leave on her 21st birthday
My eldest daughter would have to go over on a student visa and study for a USA degree, now although she could not work in the main stream apparently she can work from day 1 at the campus she is studying at the attorney believes he can get this all sorted before we fly
Does that sound like a plan?
OK I have just got off the phone with an attorney based in CA USA, really nice and helpful guy PM me if you want contact details
He has come up with possibilities for my move
Me the Mrs and my youngest daughter go over with my job on a L1 visa, he said that after just 60 days he would be applying for our green cards so if that happened my daughter would have hers before she had to leave on her 21st birthday
My eldest daughter would have to go over on a student visa and study for a USA degree, now although she could not work in the main stream apparently she can work from day 1 at the campus she is studying at the attorney believes he can get this all sorted before we fly
Does that sound like a plan?
Jul 16th 2008, 6:23 pm
#28
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Joined: Apr 2001
Posts: 46,407
Re: Have i got this right?
For immigrating? Since when. Other married foreigners on the board who naturalized after 3 years of residency have petitioned for parents and have been successful?
Jul 16th 2008, 6:25 pm
#29
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Joined: Apr 2001
Posts: 46,407
Re: Have i got this right?
From California and free? My oh my, aren't you the lucky one
Jul 16th 2008, 6:28 pm
#30
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Location: Phoenix, Arizona
Posts: 58,679
Re: Have i got this right?
Rene