US citizen or PR petioining I130 for Brother!?

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rmn69

Registered Users (C)
I am a US citizen and my parents are Green card holders. We want to file an I-130 petition for my brother (unmarried over 21), currently residing outside US.

- Should US citizen file for unmarried Brother over 21 OR,
- Should Permanent Residents file for unmarried Son over 21?

Any comments in respect to preference categories and time it takes for the I-130 approval and immigrant visa number availability in each case?

Thank you,
 
rmn69 said:
I am a US citizen and my parents are Green card holders. We want to file an I-130 petition for my brother (unmarried over 21), currently residing outside US.

- Should US citizen file for unmarried Brother over 21 OR,
- Should Permanent Residents file for unmarried Son over 21?

Any comments in respect to preference categories and time it takes for the I-130 approval and immigrant visa number availability in each case?

Thank you,
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You both can file for him. However, based on current visa bulletin, http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3111.html, it would be faster if a parent files for him, and then upgrades his category to F1 by becoming a citizen. Your brother should remain unmarried until his petitioner parent is a citizen.
 
Anahit said:
Your brother should remain unmarried until his petitioner parent is a citizen.
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If he does want to get married, it might be better to have the USC sibling file an F4 petition for him, and then have the parents file an F1 petition once they become citizens, claiming the earlier priority date.
 
Thank you anahit,

Our service center is CSC. When looking at the I-130 approval time for "US resident filing for Unmaried child" the approval process takes about 2yrs. What makes me confused is how long does it take for the "rest".. If I read the link you sent correctly.. after the I130 approval (2yrs), the wait for category F2 is around (7yrs). Am I being correct?

By the way I hove no idea what the "rest" is !? I'm guessing it goes to NVC and then followed by a CP, since he is outside U.S.

Thanks again.
 
you are not supposed to look at the approval time. You are supposed to look at the waiting times for a visa number. Anahit gave you the link.

after the I130 approval (2yrs), the wait for category F2 is around (7yrs).
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not "after", but from the date it was received by USCIS (priority date).

2A 22MAR02

2B 15MAY97
 
TheRealCanadian said:
If he does want to get married, it might be better to have the USC sibling file an F4 petition for him, and then have the parents file an F1 petition once they become citizens, claiming the earlier priority date.
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The parents can claim the priority date for F1 from F2B, not from the brother's F4, correct?
 
What if the parents apply (as GC holders) and after three years of waiting brother gets married. 1-130 trashed?
 
What if the parents apply (as GC holders) and after three years of waiting brother gets married. 1-130 trashed?
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yes, if parents don't become citizens BEFORE he gets married.
The parents can claim the priority date for F1 from F2B, not from the brother's F4, correct?
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each application will have its own priority date (date received by USCIS) and its own waiting period.
 
TheRealCanadian said:
It doesn't matter, so long as the F4 I-130 is approved.
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You mean, if F4 I-130 filed by the sibling is approved, the parent filing F1 I-130 can claim the priority date from F4 I-130? :confused:
Doesn't it contradict to what Lucy said: "each application will have its own priority date (date received by USCIS) and its own waiting period"?
 
Anahit said:
You mean, if F4 I-130 filed by the sibling is approved, the parent filing F1 I-130 can claim the priority date from F4 I-130?
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Yes, provided the earlier I-130 is approved.

Doesn't it contradict to what Lucy said: "each application will have its own priority date (date received by USCIS) and its own waiting period"?
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Yes, it does. If you have an approved immigrant visa petition, a subsequent petition can claim an earlier priority date provided that the earlier petition was in the same broad category - ie. FB or EB. Therefore, you can claim the earlier FB4 priority date for an FB1 petition once the parents become citizens.

If his parents filed under FB2, then he couldn't get married until they naturalized or he'd lose the FB2 priority date. This is why the FB4 filing makes sense; not to actually get the Green Card via FB4 (since it would take so long) but that it allows him to get married before the parents become citizens while keeping the PD.
 
TheRealCanadian said:
Yes, it does. If you have an approved immigrant visa petition, a subsequent petition can claim an earlier priority date provided that the earlier petition was in the same broad category - ie. FB or EB. Therefore, you can claim the earlier FB4 priority date for an FB1 petition once the parents become citizens.
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Thanks for the clarification!
 
TheRealCanadian said:
Yes, provided the earlier I-130 is approved.
Yes, it does. If you have an approved immigrant visa petition, a subsequent petition can claim an earlier priority date provided that the earlier petition was in the same broad category - ie. FB or EB. Therefore, you can claim the earlier FB4 priority date for an FB1 petition once the parents become citizens.

If his parents filed under FB2, then he couldn't get married until they naturalized or he'd lose the FB2 priority date. This is why the FB4 filing makes sense; not to actually get the Green Card via FB4 (since it would take so long) but that it allows him to get married before the parents become citizens while keeping the PD.
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could we get a link to that info? I doubt it very much.

I I follow your logic, then the "trashed" I-130 from FB2 category doesn't get trashed at all. All the father has to do is file a new I-130 and use the "old" PD from the previously filed and approved I-130.
 
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LucyMO said:
could we get a link to that info? I doubt it very much.

I I follow your logic, then the "trashed" I-130 from FB2 category doesn't get trashed at all. All the father has to do is file a new I-130 and use the "old" PD from the previously filed and approved I-130.
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The way I understand it the FB2 I-130 does get trashed. The father files a new I-130 for F1 using priority date from the F4 I-130 filed previously by the brother.
 
LucyMO said:
could we get a link to that info? I doubt it very much.
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Priority date portability isn't anything new or revolutionary.

I I follow your logic, then the "trashed" I-130 from FB2 category doesn't get trashed at all. All the father has to do is file a new I-130 and use the "old" PD from the previously filed and approved I-130.
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That could be possible; everything I've read on the subject indicates that so long as the immigrant visa petition was approved and never revoked by USCIS/INS due to fraud, one can take advantage of the earlier priority date. There's nothing that indicates one loses this even if one no longer qualifies for the immigrant visa due to marriage. Then again, if one can go the FB4 route to lock in the earlier date without running the risk of uncharted legal waters, it's probably the better route to take.
 
That could be possible; everything I've read on the subject indicates that so long as the immigrant visa petition was approved and never revoked by USCIS/INS due to fraud, one can take advantage of the earlier priority date.
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yes, but everything I read on the subject of portability indicates that the person can use an approved I-130 that was filed for him as long as the relationship exists, but I didn't find any information about a parent using the PD from a sibling's petition.

Where is the link? :)
 
LucyMO said:
yes, but everything I read on the subject of portability indicates that the person can use an approved I-130 that was filed for him as long as the relationship exists, but I didn't find any information about a parent using the PD from a sibling's petition.
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An EB applicant can use an earlier priority date based on an approved I-140 from a completely different employer, you don't need the same petitioner.

Just google priority date portability.
 
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