Visa advice for Category 4 (sibling)

**noodler** · 10-06-2013, 15:47

hi
my brother who is a UK citizen is going for US citizenship having been married to a US citizen for 3 years.

Once done, he is going to see if he can apply for my family (me, my husband and our kids) to obtain a green card. I have 2 children of ages 10 and 13.

I would like to know if we will still be able to vacation in the US if our green card applications are 'in the system' as we have been told there is a long wait and I would still like to be able to visit the US whilst we wait.

I am worried that it could take years and that I won't be able to visit my brother.

I would also be grateful if anyone can advise what happens if my application is pending and my children reach 21. Are they no
longer eligible to be on my application?

Also, does anyone have any current info on waiting times for a sibling green card

Any help would be much appreciated.

**Philomena** · 10-06-2013, 17:53

Can't help you with any information but just wanted to wish you good luck with it!!!

**florida4sun** · 10-06-2013, 20:09

To get you a green card he would need to petition your parents and takes about a year. I dont think he can get you a green card in your own right. I could be wrong best to check with the embassey (good luck with that) or consult a good visa attorney.

**Andrena** · 10-06-2013, 21:06

I think too that even if you get a green card your children would have to return to the UK once they reach 21 unless you were able to, for instance, buy them a business. At least that is what I ave been told by UK friends who have gone out on green cards.

Andrena

**SDJ** · 10-06-2013, 22:35

As Martin suggests, I think you should be seeking professional help from a good Visa Attorney as I don't think anyone here is qualified to answer your questions especially as laws seem to change every few months!!!

There is another forum you can join with lots of expats on it. I can't post the name of it on here but the word expats may give you a hint of what to google!!!

**steph_goodrum** · 11-06-2013, 06:37

Assuming this is the category you are speaking of

Family Preference Immigrant Visas (Limited): These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category. The family preference categories are:
•Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any. (23,400)
•Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)
•Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children. (23,400)
•Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age. (65,000)

It does say it can be several years before the Visa may be granted because of the numbers. It would be wise if you are going down that route to make as much preparation as possible so that the Visa has more chance of success. If you brother is going to sign a waiver of support then there may be set amounts he needs to be earning to prove he would be able to support you if necessary. Obviously savings when you come to apply will help so as much as you can in the bank will help the application. I did hear something like 10-12 years was not unheard of for a sibling Visa. As with the Uk often things get changed and since the UK brought in more stringent income requirements last year for incoming Visa applicants, there is always the possibility that the US will bring in similar as they like to have reciprocity as far as possible. No one can give any guarantees on how successful it will be but at least an Immigration attorney will help make sure you are aware of the latest regs.

**noodler** · 11-06-2013, 10:22

Thanks everyone for your input and advice.

If its correct that (assuming we got green cards before the children were 21) the green cards for the children expire at 21 then there's a real worry as I wouldn't want split the family up.

I think I will have a look at the other forums.

As it is for the moment I will get my brother to also make some enquiries and in the meantime we look forward to our trip in Oct and our lovely car hired by UScarhire.

**noodler** · 17-09-2013, 12:55

I'm pleased to advise my brother has visited an immigration lawyer for some advice and the good news is that we can apply for the sibling visa.

Assuming the information he was given is correct it could take 12 years going on current times for new green cards. The children get their own green cards which don't expire when they reach 21 (assuming we are there before they reach that age) .

There is also some protection given due to the wait so provided they stay single we will be ok for a few years after they turn 21 .