Applying for siblings GC

[at123]

Hi,

I have just acquired USC and want to apply for my sibling living in India. I went through USCIS website and it seems I have to apply for I 130, i 864 and i 485.

should I apply for all the three at the same time or is i 485 filed at later dates.

any particular thread which lists out process for filing GC for USC sibling.

Request feedback. thxs

at123

 

[doublef]

Just the I-130 right now. The priority date is currently March 2000, so the I-485 is years and years away.

 

[König]

I have just acquired USC and want to apply for my sibling living in India.

You only file I-130 now. I-485 can be filed only to adjust the status of a person already in the USA. After I-130 approval, if your sibling still lives in India, he/she will need to do consular processing.

 

[at123]

thxs all.

 

[jessicapotter]

As said above, you need to file only I -130 now. Once your sibling comes to the US , he/she can file I -485 to adjust their status from an alien immigrant.

 

[baikal3]

As said above, you need to file only I -130 now. Once your sibling comes to the US , he/she can file I -485 to adjust their status from an alien immigrant.

If you are simply going to repeat what the others said, you should at least do so correctly.

After I-130 is approved, the OP's siblings won't be able to simply "come to the U.S." and file I-485 here. The priority date for the 4-th family category (brothers and sisters of adult U.S. citizens) is currently March 2000, more than 10 years away. So after the I-130 is approved the OP's siblings would have to wait at least 10 years before doing the next step - be it I-485 or consular processing.
In fact I-485 will most likely not be an option, since it is hard to get any kind of a non-immigrant visa for entering the U.S. after an immigration petition is approved. So unless the sibling can come to the U.S. on some kind of a visa assuming dual immigrant/non-immigrant intent (such as H-1B), that sibling will have to go through consular processing abroad rather than through adjustment of status via I-485 in the U.S.

 

[at123]

thxs baikal3. Two additional queries

1. Will sibling's visitor visa (currently 5 years into his 10 years validity) renewal get impacted should I apply for their I 130 today.
2. Can I apply I 130 for siblings spouse as well?.

Request feedback. Thxs

at123

 

[TheRealCanadian]

Will sibling's visitor visa (currently 5 years into his 10 years validity) renewal get impacted should I apply for their I 130 today.

Maybe. It certainly makes things more difficult.

Can I apply I 130 for siblings spouse as well?.

No. if they are still married at the time the priority date becomes current, the spouse can apply for a derivative GC on their own.

 

[ginnu]

thxs baikal3. Two additional queries

1. Will sibling's visitor visa (currently 5 years into his 10 years validity) renewal get impacted should I apply for their I 130 today.
----- If you file I-130 for your Brother/Sister then Brother/Sister will not get visitor visa.
2. Can I apply I 130 for siblings spouse as well?.
----For spouse of your Brother/Sister Or children of Brother/sister you don't have to file any I-130 but you have to write the name , date of birth of Spouse/children on I-130.
Request feedback. Thxs

at123

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[TheRealCanadian]

If you file I-130 for your Brother/Sister then Brother/Sister will not get visitor visa.

There's no specific prohibition against getting a B visa. It just makes it harder.

For spouse of your Brother/Sister Or children of Brother/sister you don't have to file any I-130 but you have to write the name , date of birth of Spouse/children on I-130.

Even so, if another spouse or child arrives when the visa becomes available the fact that they were not mentioned on the I-130 does not preclude them from getting an immigrant visa. Their listing on the I-130 is merely for biographical data; it does NOT determine eligibility for derivative immigrant visas.