brother I-130 filing doubts

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brotheri130

Registered Users (C)
Dear Members,

I have been granted US Citizenship 6 months back,with support and consent from my spouse, I now want to sponsor my sister's family back in india for Green card in the family based immigration - 4th category.

I want to Do it on my own, as the costs of going through a law firm or attorney are right now not an option for me.

I have gone through many immigration portals and their valuable suggestions, but i still have some doubts.

I understand that I need submit the following forms:

From my side USC :

Form I-130 - Petition for Alien Relative
Form I-864 - Affidavit Of Support
Form I-864A - Contract Between Sponsor and Household Member
Form DS-3032 - Choice of Address and Agent for Immigrant Visa Applicants
Form DS-230 - Application for Immigrant Visa and Alien Registration (Part 1 and 2)
Form G-325A - Biographic Information

1) should i submit 3 separate sets of forms one each for my sister, my bro-in-law and one for my 4 year old nephew ?
2) should my spouse also sign and fill 3 separate sets ?
3) how much should i pay $355.00 filing fee X 3 = $ 1065 ?
4) should my spouse also pay $ 1065 ?
5) Are photos required to be submitted for F-4 category from both petitioner and applicants family?
6) should me & my spouse submit a copy of our Income Tax return ?

Regarding Form I-864 - Affidavit of Support,to Provide Adequate Financial Support Evidence what should i submit? we have an own home, 2 cars, some stocks and cash in hand.

Is there a Standard List of Required Supporting Documents to Prove Brother/Sister Relationship ?

my sister and me have the same father & mother's name in our respective Birth Certificates,passports,PAN cards,Educational Certificates, bank passbooks,as a nominee in bank fixed deposits and L.I.C policies etc.

my sister and her spouse have their marriage certificate, each others names in their passports and child birth certificate and child passport.

We also have lots of photos of all our family since child hood, family functions and sister's holiday trips to the USA.

Sister and her spouse also have Police Clearence Certificates, nephew doesnt need one i suppose.

What documents should my sister and her family submit from Indian side?

Do they have to pay any fees at the american embassy / consulate in india?
Are photos of all the 3 family members needed? any specifications for the photo?
Any specific forms to be signed by them?
do they have to get all their certificates/documents photocopied and Notarised in India?

I apologise for this lenghty posting. I wanted to be specific so that members can get an idea of what my problems are.

thanx in advance

confused sibling.:confused:
 
brotheri130 said:
Regarding Form I-864 - Affidavit of Support,to Provide Adequate Financial Support Evidence what should i submit? we have an own home, 2 cars, some stocks and cash in hand.
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Provide proof of income (W-2, tax transcripts). Relying on assets involves more ifs and buts, so avoid that route if your income is sufficient.
Is there a Standard List of Required Supporting Documents to Prove Brother/Sister Relationship ?
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See the I-130 instructions.
Sister and her spouse also have Police Clearence Certificates, nephew doesnt need one i suppose.
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It will take over 10 years to reach the point of being interviewed at the consulate. By that time your nephew may be old enough to need the police certificate.
What documents should my sister and her family submit from Indian side?
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It's at least 10 years before they have to worry about that.
 
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Thanks a Lot

Dear Jackolantern,

S, Me & my spouse have our W-2's for past 12 years, statements from E-trade , Charles Schwab and Fidelity.

Do we have to submit them now? or just the I -130 from my side and copies of my & my sister's birth certificates?


Dear usnycus,

I get it from your reply that I just need to file the I - 130, nothing else right?


Thanks a lot to both of you for taking your time to advice me.

I really appreciate it.

Regards

Reddy
 
Yes, you need to submit I-130 for now.

Once it is approved, US consulate will be notified. US consulate will then schedule interview for beneficiary.
 
If they are planning to visit the US during the 10-year wait and don't have a tourist visa yet, and they are from a country whose citizens require a visa to visit the US, have them apply for the visa before you file the I-130, or it will be more difficult for them to get the visa approved.
 
Travel to U.S with I -130?

Dear Jackolantern,

All 3 of my sister's family have 10 yr B1/B2 visas and have visited U.S.A twice , never overstayed, they came here just for holidays. They are a very well off family back in India.

BUT......

1) Can they travel to the U.S.A every year during the Kid's summer holidays?

2) As they have an immigration petition pending will they be stopped at the port of entry & sent back?

3) Will they get their B1/B2 visa extensions for another 10 years after their current visit visas expire in 7 years?

Any insight into the above doubts would be very helpful

thanks and regards

Reddy:)
 
1 and 2) the immigrant petition may cause problems at the port of entry. However, to minimize that risk, make sure to specify consular processing on the I-130, and file the I-130 when they are visiting the US so if harassed on a future visit they can point out that they previously were in the US when the I-130 was pending but they still left without overstaying.

3) Maybe, maybe not. But if they have taken multiple trips to the US in those 7 years while the I-130 was pending or approved, without ever overstaying, that improves their chances of getting the B1/B2 renewed, as by then they would have an established record of leaving the US on time despite the I-130.

Note that if they are from the Philippines or Mexico, the timeline is much longer than 10 years (currently 14 years for Mexico, almost 23 years for Philippines).
 
Dear Jackolantern,

Got it. I -130 will obviously have CP as my sister is based in India. they don't plan to visit till June, so rather than wasting 7 more months, I will go ahead with the filing.

Reg the B1/B2 renewal, nice point.

btw, if my sister has another kid, how do I add him/her as a derivative beneficiary? Is there a specific form for it?

thanks a lot to all the people like you for being on this forum.

regards

reddy.
 
brotheri130 said:
Got it. I -130 will obviously have CP as my sister is based in India. they don't plan to visit till June, so rather than wasting 7 more months, I will go ahead with the filing.
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That's a gamble. Filing it while they are outside the US would take away their ability on their first entry after filing to say that they previously were in the US when the I-130 was pending. Once refused entry due to the I-130, they probably will never be allowed to enter the US again with a B1/B2 unless the I-130 is withdrawn.
 
No need to worry about such a scenario until the I-130 is current and she is dealing with her local consulate.

brotheri130 said:
btw, if my sister has another kid, how do I add him/her as a derivative beneficiary? Is there a specific form for it?
Click to expand...
 
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Mother's surname initial is different in sibling birth certificate

Dear Administrator / senior members,

Reg filing for I-130 for my sister.
My sister has got her birth certificate but there is an issue,

our father name is same but our mother name though not expanded,

mother surname initial is her maiden name in my birth certificate. and

with my dad's surname initial in my sister's birth certificate.

my mother expired long back and there is no marriage certificate for my parents.

I have all other documents with me and am ready to file the petition. once my sister's family come to the u.s for summer holidays.

Now should I enclose any affidavit saying that both me & my sibling have the same biological mother, though her surname intials r different in our birth certificates?

pls help.

thanking you sir,
Regards,

Reddy.
 
Having the same father is sufficient to establish the sibling relationship.

If your parents registered their marriage, it should be possible to get a re-issued marriage certificate.
 
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