MommyOfSuttonNGabriel

I have a question and was hoping someone could point me in the right
direction. My husband and I got married in 2001, he is from the UK and I
the US. He is eligible to become a citizen in September and would like to
sponser some family members to come and live in the United States. He would
like to sponser his mother and father, younger sister ( who is over 21 but
is supported by her parents). I know we need to file seperate petitions for
his mother and father but can his sister be included on one of these
petitions? Do we need to file a seperate I-864 for each member of the
family ( we are using their assests to make up the financial lack).

Would it be easier if his sister were to marry her fiance? Could my husband
then sponser her and her spouse? Would the INS see it as a problem for us
to sponser his parents AND sponser his sister since we are using their
assest as well?

I hope this all makes sense...man the K-1 and AOS was a breeze compared to
this ......argh

Thanks
Amanda and Matt
K-1 6/2001
UK to US

Ray

http://uscis.gov/graphics/howdoi/parents.htm

http://uscis.gov/graphics/howdoi/sibling.htm

UKzeus

I hope his sister has patients,as I'am on the last part of a 12 year wait for a F4 visa ( Sister sponsored me ),waiting on interview

MommyOfSuttonNGabriel

Doesn't the available number of visa numbers depend on the state you are
intending to move too? What state and city did you go through? DH's Dad
had mentioned something about talking to an immigration lawyer who said his
sister could move with them (the parents) as they are his sister's only
means of support. Know anything about this?!?

Thanks



"UKzeus" <member19508@british_expats.com> wrote in message
news:[email protected]...
    > I hope his sister has patients,as I'am on the last part of a 12 year
    > wait for a F4 visa ( Sister sponsored me ),waiting on interview
    > --
    > Posted via http://britishexpats.com

Joachim Feise

MommyOfSuttonNGabriel wrote on 7/19/2004 20:14:

    > Doesn't the available number of visa numbers depend on the state you are
    > intending to move too?

Nope. Immigration is federal.

-Joe

UKzeus

[QUOTE]Originally posted by MommyOfSuttonNGabriel
Doesn't the available number of visa numbers depend on the state you are
intending to move too? What state and city did you go through? DH's Dad
had mentioned something about talking to an immigration lawyer who said his
sister could move with them (the parents) as they are his sister's only
means of support. Know anything about this?!?

You and your Husband will have to provide support for both the parents and sister and possible husband and make sure you will not fall below the US poverty line as discribed on the visa pages,by providing your last 3 years of taxes and wages to the NVC.My visa was posted through Boise Idaho.

UKzeus

Check out these links they will help you

http://uscis.gov/graphics/howdoi/parents.htm

http://uscis.gov/graphics/howdoi/sibling.htm

Petitioning Procedures: Bringing a Parent to Live in the United States and sister

http://uscis.gov/graphics/howdoi/parentapp.htm

http://uscis.gov/graphics/howdoi/sibapp.htm

affidavit of support requirements

http://uscis.gov/graphics/formsfee/forms/i-134.htm

M Duarte

Correct me if I am wrong, but since the wait to sponsor a sibling is so
long, it would make sense to start the process while the sibling is
already in the US rather than going through the consulate route. That
way the sister could wait while still living in the US. Also, if the
parents become US citizens (which shouldn't take too long, certainly
less than 12 years as mentioned by the poster below), couldn't they then
sponsor their daughter which would in turn make the process faster?
Just a thought!



UKzeus wrote:

    > I hope his sister has patients,as I'am on the last part of a 12 year
    > wait for a F4 visa ( Sister sponsored me ),waiting on interview
    > --
    > Posted via http://britishexpats.com

Hnchoksi

    >Subject: Re: Moving Relatives to the US from the UK
    >From: M Duarte [email protected]
    >Date: 7/21/2004 7:00 PM Eastern Standard Time
    >Message-id: <[email protected]>
    >Correct me if I am wrong, but since the wait to sponsor a sibling is so
    >long, it would make sense to start the process while the sibling is
    >already in the US rather than going through the consulate route. That
    >way the sister could wait while still living in the US. Also, if the
    >parents become US citizens (which shouldn't take too long, certainly
    >less than 12 years as mentioned by the poster below), couldn't they then
    >sponsor their daughter which would in turn make the process faster?
    >Just a thought!
Ummm... you ARE wrong. There is no visa status other than marriage to a US
citizen, that will let her wait for 12 years in the US. But then, if she is
married to a US citizen, why let the sibling sponsor her?

M Duarte

I thought that while the I-485 is being processed, the sister could stay in the
US and wait for it to be approved. So you're saying that the only way to have
this done is to go through the consulate route? What about the parents? Can
the parents come to the US, file the paperwork for AOS and wait here while it is
approved? Thanks for clarifying this.


Hnchoksi wrote:

    > >Subject: Re: Moving Relatives to the US from the UK
    > >From: M Duarte [email protected]
    > >Date: 7/21/2004 7:00 PM Eastern Standard Time
    > >Message-id: <[email protected]>
    > >
    > >Correct me if I am wrong, but since the wait to sponsor a sibling is so
    > >long, it would make sense to start the process while the sibling is
    > >already in the US rather than going through the consulate route. That
    > >way the sister could wait while still living in the US. Also, if the
    > >parents become US citizens (which shouldn't take too long, certainly
    > >less than 12 years as mentioned by the poster below), couldn't they then
    > >sponsor their daughter which would in turn make the process faster?
    > >Just a thought!
    > >
    > >
    > Ummm... you ARE wrong. There is no visa status other than marriage to a US
    > citizen, that will let her wait for 12 years in the US. But then, if she is
    > married to a US citizen, why let the sibling sponsor her?

Lucy

"M Duarte" <[email protected]> wrote in message
news:[email protected]...
    > I thought that while the I-485 is being processed, the sister could stay
in the
    > US and wait for it to be approved. So you're saying that the only way to
have
    > this done is to go through the consulate route? What about the parents?
Can
    > the parents come to the US, file the paperwork for AOS and wait here while
it is
    > approved? Thanks for clarifying this.

While the I-485 is being processed is one thing, but the sister's I-485
won't be submitted until a visa number becomes available (which is why there
is such a long wait for siblings).

Parents are different. They are immediate relatives (like spouses), so they
don't have to wait for a visa number to be available and can submit the
I-485 straight away.

At least, that's what I understand.

Lucy

Sylvia Ottemoeller

"MommyOfSuttonNGabriel" <[email protected]> wrote in message
news:_5CKc.111335$MB3.25435@attbi_s04...

    > I have a question and was hoping someone could point me in the right
    > direction. My husband and I got married in 2001, he is from the UK and I
    > the US. He is eligible to become a citizen in September and would like to
    > sponser some family members to come and live in the United States. He
would
    > like to sponser his mother and father, younger sister ( who is over 21 but
    > is supported by her parents). I know we need to file seperate petitions
for
    > his mother and father but can his sister be included on one of these
    > petitions? Do we need to file a seperate I-864 for each member of the
    > family ( we are using their assests to make up the financial lack).

Yes, each individual's petition requires a separate I-864. By the way, you
cannot use the beneficiary's assets to make up the financial lack, unless
the beneficiary has been living in the U.S. in the same household with you
for at least 6 months.
    > Would it be easier if his sister were to marry her fiance?

It would be neither easier nor harder, except that the I-864 must show more
money to support the extra person.

Could my husband
    > then sponser her and her spouse?

If your husband files an I-130 petition to classify his sister in category
Family 4, the sister can "bring along" her dependents (spouse and unmarried
children under 21) when a visa becomes available, perhaps 12 years later.

Would the INS see it as a problem for us
    > to sponser his parents AND sponser his sister since we are using their
    > assest as well?

As I pointed out, you can't use their assets. If your income and assets are
insufficient, you will have to get a joint sponsor (a U.S. citizen or U.S.
permanent resident domiciled in the U.S. willing to support your relatives
for probably 10 years) to file another I-864.

    > I hope this all makes sense...man the K-1 and AOS was a breeze compared to
    > this ......argh
    > Thanks
    > Amanda and Matt
    > K-1 6/2001
    > UK to US

Sylvia Ottemoeller

"MommyOfSuttonNGabriel" <[email protected]> wrote in message
news:I60Lc.120701$JR4.43899@attbi_s54...

    > Doesn't the available number of visa numbers depend on the state you are
    > intending to move too?

No. There is an annual quota in each preference category for the whole U.S.

What state and city did you go through? DH's Dad
    > had mentioned something about talking to an immigration lawyer who said
his
    > sister could move with them (the parents) as they are his sister's only
    > means of support. Know anything about this?!?

Maybe the lawyer was thinking of humanitarian parole. The chances of
getting that are pretty low; a very heart-wrenching story is needed for
something like that. The sister still could not get permanent resident
status for over a decade.

    > "UKzeus" <member19508@british_expats.com> wrote in message
    > news:[email protected]...

    > > I hope his sister has patients,as I'am on the last part of a 12 year
    > > wait for a F4 visa ( Sister sponsored me ),waiting on interview

Sylvia Ottemoeller

"M Duarte" <[email protected]> wrote in message
news:[email protected]...

    > I thought that while the I-485 is being processed, the sister could stay
in the
    > US and wait for it to be approved.

It is true that between the filing and approval of the I-485, the I-485
applicant can remain in the U.S. legally. However, a person cannot *file*
the I-485 until the quota for the category has been reached and a visa
number is available.

So you're saying that the only way to have
    > this done is to go through the consulate route?

For the sister, yes.

What about the parents? Can
    > the parents come to the US, file the paperwork for AOS and wait here while
it is
    > approved? Thanks for clarifying this.

The parents can come to the U.S. and file the paperwork, including Form
I-485. But they cannot appear to have intended to file the I-485 at the
time of entry.

When you enter the U.S. as a visitor, your intention must be temporary. As
a practical matter, it means the parents had better wait 2 or 3 months after
entry before filing permanent paperwork.

    > Hnchoksi wrote:

    > > >Subject: Re: Moving Relatives to the US from the UK
    > > >From: M Duarte [email protected]
    > > >Date: 7/21/2004 7:00 PM Eastern Standard Time
    > > >Message-id: <[email protected]>
    > > >
    > > >Correct me if I am wrong, but since the wait to sponsor a sibling is so
    > > >long, it would make sense to start the process while the sibling is
    > > >already in the US rather than going through the consulate route. That
    > > >way the sister could wait while still living in the US.

This would not work. The sister's temporary status would expire, and six
months later she would be subject to the 3 year bar, and one year after her
status expired, she would become subject to the 10 year bar. She would not
be able to work legally, and she would have to live in the shadows.

Also, if the
    > > >parents become US citizens (which shouldn't take too long, certainly
    > > >less than 12 years as mentioned by the poster below), couldn't they
then
    > > >sponsor their daughter which would in turn make the process faster?

It would take about six years for the parents to become U.S. citizens. If a
parent filed an I-130 for the daughter soon after becoming a permanent
resident (to classify her in category Family 2B), then when the parent
became a U.S. citizen, the petition would be converted to the category
Family 1. The quota for Family 1 is about 4 years, so the sister could
immigrate a few months after the parent became a citizen. However, she
would have to remain unmarried for that scenario.

If the sister marries, the parent must wait to become a U.S. citizen before
being eligible to file an I-130 on behalf of the married child. After that
there would be a wait for the quota of perhaps 4 years.

    > > >Just a thought!

    > > Ummm... you ARE wrong. There is no visa status other than marriage to
a US
    > > citizen, that will let her wait for 12 years in the US. But then, if she
is
    > > married to a US citizen, why let the sibling sponsor her?

I don't think the sister's fiance is a U.S. citizen.