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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105587
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My wife is Peruvian and lives in Peru. Her brother is a US

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My wife is Peruvian and lives in Peru. Her brother is a US citizen living in Florida, and would like to invite her sister to the US to live. Is this a simple process, from what I can understand from the US immigration website it costs $230, and the visa can be arranged in 5-6weeks? My wife is widowed and her daughter is 20. Does she automatically get a visa with her mother? How long is it before my wife can be an American Citizen? I am English and live in Switzerland, and hope to join my wife in Florida. Is the process much easier for me?

Many thanks for your time.

Yours sincerely

Richard Marti

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

This has me a little confused. Your wife's brother wants to invite her sister? Meaning it's his sister too?

And how is your spouse going to immigrate to the U.S.? Also through her brother?

And I assume you have no one in the U.S. to petition for you so you would wait for your spouse to get Residency and then get it along with her or through her?

 

Customer: replied 3 years ago.

thank you for your response. Ok, my wife's brother is Peruvian, and became a US citizen 5 years ago I think. So yes he will be making the petition.


 


can my wife petition for me once she has a residents permit? and what about her 20 year old daughter?

Well, unfortunately, I have some good news, but some bad news and some very very bad news for you. Please remember to not shoot the messenger because I am not responsible for the broken and unfair laws that we have in the U.S.

The good news is that when her brother files the I-130 for her, he can include you and her daughter in the petition without either of you having to do more.

But the bad news is that because her daughter is so old, she will age out when she turns 21 and will not be able to immigrate with you and her mother. I am truly sorry about that.

The really bad news is that the sibling petition takes around 11 or 12 years to process. Take a look at this link:

http://travel.state.gov/visa/bulletin/bulletin_5993.html



Family-Sponsored
All Charge-ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 01JUN06 01JUN06 01JUN06 22AUG93 01JUL00
F2A 08OCT11 08OCT11 08OCT11 01SEP11 08OCT11
F2B 01NOV05 01NOV05 01NOV05 01NOV93 22DEC02
F3 01OCT02 01OCT02 01OCT02 22APR93 22NOV92
F4 22MAY01 22MAY01 22MAY01 22SEP96 15DEC89


Under 4th preference, you will see that the date is 22MAY01. This means that only I-130s filed on or before May 22, 2001 can now be used to immigrate to the U.S. This is a waiting line. There is nothing in the law that allows anyone to jump ahead of anyone else in line not even in the case of an emergency. So unfortunately, if he files an I-130 now June 2013, you would have about a 12 year wait or so until 2001 gets to 2013. Until that time, you cannot immigrate through that process.

After your spouse gets Residency, if her daughter is still single, she can petiton for her daughter which would be in the F2B category and that has an additional wait of about 7 years. So you and your spouse are looking at about a 12 year wait and the daughter about an 18 year wait.

I am truly truly sorry. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Many thanks for all your help. So we where misinformed by her brother and his lawyer. I can imagine that they simply wanted to get $6000 out of me without any guarantees! I think we need to forget about going to the US as 12 years is just too long!


 


Best regards


 


Richard Marti


 


 

Well, the I-130 only costs a few hundred dollars to file and he can fill it out himself. It probably wasn't the brother but the attorney that wants that money which is rediculous. So just talk to the brother and tell him to fill out the I-130 by himself and you will pay the filing fee of $420. Here is a link to the form so you can see how simple it is:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD



A G-325A may also be needed, one for you, one for him and one for your spouse and one for her daughter:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d7c84154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD


No fee for the G-325A.
Customer: replied 3 years ago.

and if the brother makes a petition for his father first, and then the father makes a petition for the daughter will the process be any quicker?

Well, just look at the Visa Bulletin to find out. The petition for U.S. Citizen son for father takes about a year (that is not in the Visa Bulletin because it is considered an immediate relative category and doesn't have to wait for a visa to be available. But since there is no category for married son or daughter of Lawful Permanent Residency, in order for the father to petition for his daughter and you, he would have to become a U.S. Citizen. So 1 year plus 5 or so to become a U.S. Citizen, then he can apply in the category of F3, married daughter of U.S. Citizen and the Visa Bulletin says October 2002. So 10 years on top of the 5 plus 1. So no, it would not be faster.