I-130 question...please help

P

P Desai

Registered Users (C)
Recently my wife became USCitizen and she would like petition for her parents and younger brother who is 20yr and 9mnth of age is he eligible for immigrant visa. If he is do we need a separte I-130 for him as well. Your assistance in clarifying the question would be greatly appreciated. Thank You. You our providing outstanding community service on the net. Thanks :)
 
She has to file seperate petition for her brother and even if he is under 20, it will take him 13-14 years to get a visa # for him since siblings are not counted as immidiate relative. I would suggest that he should try getting F1 or H1 visa and come here. And once your wife's parents become a US Citizen, they can file for GC for him.
 
amishah said:
She has to file seperate petition for her brother and even if he is under 20, it will take him 13-14 years to get a visa # for him since siblings are not counted as immidiate relative. I would suggest that he should try getting F1 or H1 visa and come here. And once your wife's parents become a US Citizen, they can file for GC for him.
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Good advice amishah. But by the time her parents become a citizen, her brother would be well over 21 years and possibly be married by then. If he is still unmarried at the time her parents become citizens, he can apply for GC under FB1 category, if he is married he would slip down to FB3 category which means longer time. If he applies through his USC sister now, then it is FB4 category which takes even longer.

Faster-than-above way of gettig a GC, is to come on a H1 and apply through employer. In any case, file the I-130 now for brother and get in line. If situation changes in future and there are means of getting a faster GC, those means could be utilized.

My 2 cents...
 
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adjustment of status

Hi everyone, I have a question I am hoping you can answer for me. I just got married 1 week and 1/2 ago and my husband's ticket expires in 2 weeks. We have a lawyer that is going to help us adjust status but the appointment with him is not until 2 days after my husband ticket expires for him to go back to Sweden. He came on a visa waiver program and then we got married a few weeks after he got here but only after we found out I was pregnant and had bad complications with my pregnancy. Normally we would have went to Sweden and applied over there for a quicker visa but my Dr will not allow me to travel because of my risk of bleeding and pretty soon I will be put on total bedrest. I make enough money to support him but I have co spousers also just in case. My question is this: He is out of status for 3-4 days before the immigraqtion people recieve the petition, will this hurt us? We are trying as quick as we can. I know you are allowed to stay legally for 3 months on the VW program but he bought his ticket for 7 weeks because we had no idea I was pregnant and everything just went so quick. I am worried about this because his ticket expires soon and the immigration people won't recieve the application until about a week after that. Thanks to everyone for the advice you can give to us.
 
Best way to deal with it

I have already written few times about this and I will do it again. The best way to deal with it would be to let parents become GC and apply for their son under F2A then automatically convert to F2B (Unmarried son or daughter of LPR over 21) after the son's ago over 21. In 5 years, the parents apply for U.S. citizen, then upgrade the case to FB-1 or FB-3 and retain F2A/F2B priority date based up the son's marital status. Here is the logic behind:
GC-USC=5 years
USC-FB-1 wait time=4 TO 5 years
Total wait time= 10 years

GC-F2B wait time = 10 TO 11 years

GC-USC wait time =5years then upgrade, most likely the son will receive greed card in 6 years if he is single at the time. He potentially save 4 years waiting time.

In addition, let the sister apply him under F4 in case of parents's circumstances changed in the next 5 years. You can file multiple petitions from different petitioners and category. the worst scenario would be to start overall again. You may spend a few hundred dallars initially, but you are well protected. So you should have three petitions from the father, mother and sister. You must do this if you have aging parents. GOOD LUCK
 
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What if a US Citizen is trying to bring her mother to US and her mother has a young child under 18 years old? Does the mother have to leave her child in her country or can the child come to the US on mother's visa?

Thanks
 
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