Filing Green Card Applications for Family

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LongRoadToGC

Registered Users (C)
Hi all. I have recently become a US citizen. At this time I would like sponsor my parents and siblings. Could you please help me with the following questions:

1) Do I need to fill out separate applications for my mother and father or does a single application cover them both (applicant + spouse)? Also if you can tell me the form number it would be great.

2) One of my brothers is married. So do I only file for him or his spouse as well?

3) I have also heard that the ability to sponsor your siblings may be ending soon. Does any one know if that true or just a rumor?

Thanks for your help!
 
Hi LongRoadToGC,
1. Separate Form I-130 should be filed.Have the consular processing option too from outside US.
2. Petition brother for now.
3.Not aware but its quite a long term process in itself.
 
Parents are immediate relatives of a USC and each requires an individual I-130. They will process faster. Each will need an I-864 from you.

The brother is 4th preference will take a decade BUT only one I-130 covers him, his spouse and any unmarried minor children that qualify for visas when they become available. At this time you only need to include evidence of the sibling relationship. He may add or subtract from his family over the long wait so, he will need to present further evidence in the future concerning his immediate family. Eventually you will need to file an I-864 for the brother and COPIES for his family members, that obligation is years away.
 
GC for sibling and his family

Hi-
I am a USC- and plan to apply for a GC for my brother and his family. Need some advice:
1. I understand that the first step is to file one i-130 for my brother- and then wait for 10 years for it to get processed. Is there any other form I need to file now?
2. My brother has a 10 yr old son. I understand that my i-130 application covers my brother, his spouse and any unmarried minor children that qualify for GC when they become available. So does my nephew need to be less than 21 when USCIS starts processing the application or is there any other guideline to determine the cutoff for minor kids to be covered under a GC application.

Thanks much. I appreciate all the help provided by folks in this forum.

-SK
 
Its_me said:
Hi-
I am a USC- and plan to apply for a GC for my brother and his family. Need some advice:
1. I understand that the first step is to file one i-130 for my brother- and then wait for 10 years for it to get processed. Is there any other form I need to file now?
Click to expand...
That's the only form for right now, but there are supporting documents like birth certificates etc. The other forms will need to be filed around 10 years from now.

2. My brother has a 10 yr old son. I understand that my i-130 application covers my brother, his spouse and any unmarried minor children that qualify for GC when they become available. So does my nephew need to be less than 21 when USCIS starts processing the application or is there any other guideline to determine the cutoff for minor kids to be covered under a GC application.
Click to expand...
He needs to be under 21* when filing the final paperwork to get a consular interview 10-11 years from now.


*that's after adjusting for the CSPA calculation ... essentially, you subtract the time from I-130 filing to I-130 approval from his biological age to get his CSPA-adjusted age. The practical result is that he'll probably still be OK at 22 or even 23.
 
Jackolantern said:
That's the only form for right now, but there are supporting documents like birth certificates etc. The other forms will need to be filed around 10 years from now.


He needs to be under 21* when filing the final paperwork to get a consular interview 10-11 years from now.


*that's after adjusting for the CSPA calculation ... essentially, you subtract the time from I-130 filing to I-130 approval from his biological age to get his CSPA-adjusted age. The practical result is that he'll probably still be OK at 22 or even 23.
Click to expand...

This CSPA issue is the subject of much controversy right now. There is a split among the Circuit Courts on just HOW MUCH flexibility is afforded to aged-out kids on a 3rd or 4th preference family-based petition. I suspect it will end up in the Supreme Court before OP's nephew reaches 21.
 
BigJoe5 said:
This CSPA issue is the subject of much controversy right now. There is a split among the Circuit Courts on just HOW MUCH flexibility is afforded to aged-out kids on a 3rd or 4th preference family-based petition. I suspect it will end up in the Supreme Court before OP's nephew reaches 21.
Click to expand...

Do you have links to the 2 (or more) conflicting decisions?
 
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