avoid I-751 through brother?

[Robert Owen]

If married to a US citizen, is it possible to obtain permanent residency through a brother who is a naturalized US citizen? I.e., does one lose that right when married, now being required to go through with submitting the I-751 with the US spouse?

 

[John Spencer]

No Title

Unless you are on the point of getting your green card approved, why would you want to do this?

Residency, then citizenship, through marriage to a US citizen is (relatively) quick and simple. It is the "fast track" to citizenship.

I would consider the timescales in both cases very carefully.

I don\'t know whether you could file a second application and keep the first alive, or anything like that.

 

[Robert Owen]

No Title

The question at this point is not why, but is how to interpret the law and INS practice. People have suggested to me that it is possible for a married alien to avoid the joint application of the I-751 by obtaining permanent residency through another family member.

My reading of the code is that if an alien is married to a US citizen, then the alien no longer has the option of using a more distant family member as a sponsor for residency. I need to make sure that I am correct in this interpretation - and the "street view" seems to suggest otherwise.

Does anyone have a definitive answer?