Petitioning for Family memeber

[PR24]

What is the name of your state? IL

Hi I would like to petition for my Grandmother, my Aunt, and her 3 kids, ages 16, 8, 5 years old, to come live in the US. They currently live in Cambodia. I have no idea what forms I need to fill out and what the requirements are. I am a single 23 year old male and make pretty good money. I don't know if this makes any difference but they want to come here to help take care of my terminally ill mother. Can anyone help?

 

[ImmigAttyLana]

You cannot petition for your grandmother, aunt or nieces/nephews. However, if your mother is also a US citizen, then she can petition for her mother (your grandmother) and that will be an almost immediate type of petition. However, for your aunt (mother's sister) to be able to immigrate to the US will be a very very lengthy procedure, one that will take about 12 years for the petition to be approved, and I understand your mother may not have that kind of time. Therefore, at this time, your mother can only petition for your grandmother to come.

 

[PR24]

Thanks for the reply. I don't think my mom would be able to petition for her mother to come her in her condition. My mom told me that she now has a fiance that is a US citizen. So this changes everything. If she applies for the fiance visa and comes here and then gets married, what will happen to her 3 kids. How soon can her kids come here and what is the proper procedure? My aunt is worried that she will be away from her kids for a long time. She was told that it could take years before her kids can come to the US after her and that is not an option for her. Please help. Thanks!

 

[ImmigAttyLana]

If the aunt's fiance who is a US citizen sponsors her for a K-1 fiancee visa, then her kids would be eligible for the K-2 dependent visas and can come along with her (no need to wait overseas for anything) as long as the kids are under the age of 21. She just needs to make sure they are named in the fiancee visa petition and then there is no problem.

 

[PR24]

That is real good news. How long will she have to wait for her visa and how soon can she come here? I spoke to my uncle and as soon as my aunt and her kids come here he will petition to bring her here. I really hope things will work out. Thanks for the advice.

 

[ImmigAttyLana]

When you say "her" whom do you mean? Your grandmother? The only one who can quickly bring/sponsor your grandmother to come here is your US citizen mother. Even if your aunt comes with her kids on the fiancee visa, she will be ineligible to petition for your grandmother/her mother for quite a few years--until she gets US citizenship, and that can take about 5-6 years.

 

[PR24]

I meant my aunt. I wanted to know how long the whole process normally took to get her fiance visa for her and her kids. Also her fiance is about 10 years younger than her but he makes more than enough money to care for her and her kids. What is the law on the age difference if any?