Ellajorja

Hi My mother married a us born citizen 12 years ago when I was 16. Then my mother and step father moved to the states and lived there for 6 years, I stayed in the uk to finish school etc. I am now married with two children and my mother and step father have moved back to they uk and have been here for 3 years but are going back to live in the states and my self my husband and our two children are wanting to go with them. What advice can you give me regarding how to do this the best way and how long it will take etc. be. Thank you in advance

civilservant

What is the status of your mother? Is she a US Citizen?

As a married daughter, over the age of 21, of a US Citizen (if she is one) you will fall into the F3 visa preference category. You mother will need to file I-130s for you and your family. Because this is a category that has limits on the numbers of visas available every year (23,400) there is a considerable backlog. They are currently working on applications from October 2002.

http://www.travel.state.gov/visa/bul...etin_5993.html

As you can see, based on the current timescales you are in for a wait of around 11-12 years before you could join them. This can speed up and slow down.

If she is not a US citizen, she will be unable to begin the process by filing for you until she is. There is no route (at present) for children of LPRs who are married and over the age of 21 to immigrate based on their parents. Obviously this will add another 3-4 years for her to live in the US long enough, become elligable and naturalise. Leaving you around 15 years from moving to the US.

AmerLisa

If she's not certainly the step-father will have to file on her behalf to get back to the States. Then they will have to settle and would the step-father or will it have to be the mother (once she becomes a US citizen) file on behalf of her daughter? Could take years...

Ellajorja

No she isn't

Ellajorja

We have been told my mother could get back in 6 months its myself my husband and children that I'm needing advice on
Thank you again x

civilservant

No could - it will take years.

Thats why I asked your mothers status

AmerLisa

http://london.usembassy.gov/immigran...sed-visas.html

Your mother would have to become a US citizen in order to apply for a visa for you to come over, if I've read this correctly. It would take a fair few years once she's over in the States.

civilservant

*cough*

see my post.

*cough*

AmerLisa

Yes.

Just wondering if the mother can apply for the daughter's whole family? It wasn't really clear on the link I posted...

AmerLisa

I didn't see your edit before you posted!

Before I posted! Surely after two weeks the jetlag should be better! lol

civilservant

She can, when she's eligible. It works the same as if you marry a USC and they file for any step-children at the same time, only in this instance it would include the husband - it's why they are in a separate category, there are more aliens following.

Based on what the OP has said, that's minimum 3 years away though.

AmerLisa

Yes, definitely will take a long amount of time!

Duncan Roberts

I guess there could be complications depending if the mother has been determined to have abandoned her previous status. If she has and needs to file a new application to move back to the US then (and I might be wrong on this) she would need to wait for that to get processed, move back and then wait 3 years to be eligible to get citizenship and then wait for that before she could sponsor anyone. Aside from adding time, there is no guarantee that the same sponsorship options will be available in 4 years or so which would be about the quickest she would be able to sponsor. Add in the wait for the family she could easily be looking at close to 20 years before being able to move. A lot can happen in that time.

If she hasn't abandoned status then that could probably shave several years off the time and possibly help with avoiding any law changes but it's still going to be one heck of a wait. There is also the unfortunate reality that with these long wait times and older sponsors the sponsor may not be alive long enough to see the petition through.