I-130 Sibling (Married) Question

W

wstan000

New Member
Hi,

I need some help regarding an I-130 application. I am currently working in the UK. My brother is a US citizen and he has applied to bring me to the US. The application was submitted in 2007. My question is:

1) Assuming the application is succesful at the end, can I bring my wife along to the US?
I was already married when the I-130 application is submitted. I read on the web that I will need to apply for a separate visa for my wife which will take up to 5 years, and during that period, she will not be able to come to the US. Is this correct?

2) I was told that only spouse of H1B visa can enter the US at the same time, but is not allowed to work. Spouse for F4 visa are not allowed to enter the US at the same time and must apply separately. Is this correct?

Many thanks in advance.

WS
 
1) whoever your wife is at the moment of your immigration, she'll be able to come with you as a derivative at the same time.
2) what is F-4 visa? Do you mean F-4 category of immigrant visas? if yes, then the wife of F-4 applicant is allowed to come as a derivative. If you mean something else - explain it better.
 
wstan000 said:
Hi,

I need some help regarding an I-130 application. I am currently working in the UK. My brother is a US citizen and he has applied to bring me to the US. The application was submitted in 2007. My question is:

1) Assuming the application is succesful at the end, can I bring my wife along to the US?
--------YES. your wife and kids will come with you .
I was already married when the I-130 application is submitted. I read on the web that I will need to apply for a separate visa for my wife which will take up to 5 years, and during that period, she will not be able to come to the US. Is this correct?
--------not correct. once I-130 is approved the file goes to NVC and NVC will send it to US consulate for interview and your spouse kids can immigrate with you.
2) I was told that only spouse of H1B visa can enter the US at the same time, but is not allowed to work. Spouse for F4 visa are not allowed to enter the US at the same time and must apply separately. Is this correct?

Many thanks in advance.

WS
Click to expand...

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LucyMO said:
1) whoever your wife is at the moment of your immigration, she'll be able to come with you as a derivative at the same time.
2) what is F-4 visa? Do you mean F-4 category of immigrant visas? if yes, then the wife of F-4 applicant is allowed to come as a derivative. If you mean something else - explain it better.
Click to expand...

Thanks LucyMO for the advice. Yes, I meant F-4 category of immigrant visa (Family Based Green Card for Sibling - Fourth Preference). Can I check that my wife is also able to work legally? I.e. both of us are able to look for jobs without employer having to apply for work permit. Thank you.
 
your wife and unmarried children under 21 (as well as your spouse's children if you got married before they were 18) will be eligible for their own derivative immigrant visas. They will have green card upon entering the US with an immigrant visa, just like you will.
 
LucyMO said:
your wife and unmarried children under 21 (as well as your spouse's children if you got married before they were 18) will be eligible for their own derivative immigrant visas. They will have green card upon entering the US with an immigrant visa, just like you will.
Click to expand...

Thanks LucyMO.
My application was submitted 3 years ago, and my brother told me that he did not submit a marraige certificate of myself and wife, although he did include the wife's name in the I-130 application form. Is this a source of concern or will USCIS ask for the marriage certificate form later on? Is the processing fee of USD 190 similar whether it is for myself, or myself and derivates?
 
since you got another 7+ years of waiting, I wouldn't worry too much about it. Of course, you will need to bring your marriage certificate to the consulate for your interview. Everybody getting a visa on that day will have to pay whatever visa fee is at that time. Prices usually go up and I do believe it's in excess of $300 now.
 
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