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:
|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!