I-130 Question: Applying for Sister and her family

C

cscgc

Registered Users (C)
Hello,

I had a fundamental question. USC Applying GC for my sister and her family(2 kids 13, 11 and husband) all living in India

- Do I need to file seperate petitions(hence seperate fees with I-130) for the Adults(assumings kid can be on the parents application)?

- Brother-in-law is not interested, can I just apply for Sister and the kids or will it cause an RFE since they are legally married?

- Isnt the timeline for approval of relatives(non-immediate) over a decade?
 
Just file one I-130 for your sister. Include her family's name in the form, husband, kids. Its a little over 9 years wait which change. Don't worry about bro in law, add his name, he has about a decade to change his mind.
Good Luck
 
thank you for clarifying.

If the kids age goes over 21 when the Green card petition approval comes along, what happens then? Do their now GC parents(Ie my sister, bil) re-apply for them or the age only at the time of application matters.
 
There is a formula that is used for aged out kids. Basically time spent between submission and approval is added as buffer to kids who turn 21. In other words, say it takes USCIS 3 complete years to approve the I-130 from its submission date, the kids will get their GCs unless they cross age 24.

cscgc said:
thank you for clarifying.

If the kids age goes over 21 when the Green card petition approval comes along, what happens then? Do their now GC parents(Ie my sister, bil) re-apply for them or the age only at the time of application matters.
Click to expand...
 
Triple Citizen said:
There is a formula that is used for aged out kids. Basically time spent between submission and approval is added as buffer to kids who turn 21. In other words, say it takes USCIS 3 complete years to approve the I-130 from its submission date, the kids will get their GCs unless they cross age 24.
Click to expand...

Quick question, what if the child is say 19?
 
Same rules apply. If the buffer is 3 years, the 19 year old kid has be to under 24 to get his/her GC. Seeing the wait time is close to 10 years, in all practicality, this child will age out, unless USCIS takes more than 6 years to approve the I-130.

citi786 said:
Quick question, what if the child is say 19?
Click to expand...
 
Another question regarding kids, right now the kids are 15 and 12, do they need to have their own passport now at the time of applying I-130. Since they will be on the application of their mother's I-130. To summarize, at the time of applying does the parents/aduls only need to have a passport or everyone on the application need to(including kids)?
 
Nothing is required as of now except document/s showing relationship between primary sponsor and primary beneficiary. You only need to file one I-130 for your sister and include your brother in law's and the kids name.
Got it !!!!!!!!!!!!!!
 
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