Green card through brother

Y

YankyBro

New Member
Hi, i am trying to get a green card through my brother as he is an american citizen. my problem is that he is not currently living in the US and doesn't have any plans to do so, although that could change in the future.

Although he isn't living there right now he would be willing to get a job and rent an apartment there for a while so he could be regarded as 'domiciled', the problem then however would be how we would account for the fact that he would have the required tax returns for the previous three years? (as he wasn't in the country, and hasn't been since he was 6 months old). I was also wondering if there was anyway I could get a green card through my brother without him being 'domiciled'? also, if my brother had no job there, would the fact that he had $80,000 (approx. 5 times 125% of the poverty line) count as him being 'able to support' me?

Also, would he need to keep his apartment and job there for the whole of the 10-15 that my application was processing?

Any help would be much appreciated

NJ
 
Hi YankyBro,

on the bottom of this page http://uscis.gov/graphics/formsfee/forms/i-130.htm it is said

Code: 
[B]Where to File:[/B]
A petitioner residing in the United States should file Form I-130 at the Service Center with jurisdiction over the petitioner's place of residence.
Petitioners residing in Canada can also file with the Vermont Service Center. United States citizens residing in Canada who are filing for their spouse, child, or parent, may now file at the nearest Embassy or Consulate, with the exception of Quebec City.

In my book that means there are only two "classes" of petitioners for I-130, the ones living in the US and the ones living in Canada. You might check that again and try getting other opinions here too. Maybe you want to consult an immigration lawyer. Best of luck
 
Thanks for the reply, my brother wont be 21 for a few years anyway, and who knows whether or not he'll be living in the US by then or what my plans will be. I'll look into it when the time comes but the wait it quite ridiculous anyway so i might look into other visa types.
 
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