I-130 for my brother

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udacha6

Registered Users (C)
Hi,

I filed I-130 for my brother and it is currently pending (initial review). I don't expect any issues with approval as it is a fairly simple case. My brother is in Russia and usually comes here every few months for work or a visit with us.

1) what additional documents does he need when he applies for B1/B2 while his I-130 is pending?

2) can he still get a b1/b2 after it is approved but waiting for PD to become current?

3) is the wait time the same for all countries under "
All Charge-ability Areas Except Those Listed" or it is based on a per-country limit so some may move faster and take less than 12 years?

4) his daughter (my niece) is currently 10 years old and a derivative on I-130. Since I-130 will be approved within the next few months does it mean she can't age out anymore (based on approval) or the age-out is based on the PD becoming current timeline?

Thanks!!!
 
1. If asked, he should be honest about having a petition filed for him, and explain that he intends to go through Consular Processing in his country when the visa number becomes current many years down the line.
2. Yes
3. same
4. No. She can age out when waiting for PD to be current. She only can't age out when PD is current and she starts Consular Processing or Adjustment of Status. In fact, you should hope that the I-130 is slower to get approved rather than faster, because due to CSPA the time that the I-130 is pending is subtracted from her age. So for example if I-130 takes 2 years to get approved, then she can't age out until 23.
 
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