I need help with some questions on the DS-260 (I-130)

[TiredOfEverything]

Hello everyone, I am stuck with few questions and I would greatly appreciate if someone can help making this a little bit clearer for me.

So I have petitioned my father (I-130) which was approved just now and he is filling the DS-260 however some of those questions are a little confusing to me.
for background my father's current wife is not my mom.

"Is your spouse immigrating to the U.S. with you?"
Can I say yes? is she eligible (his current spouse) ? do I need to pay additional fee or provide additional documentation? or am I supposed to say no?
what's the difference with she immigrating to the U.S. at a later date to join you?

Same questions for his kids (my half siblings)
Are they illegible? should I say yes? one of them was 20 when I filled my father's (I-130) however he just turned 21 by the time they asked me to file the DS-260
is he still eligible?

for my other sibling to which I didn't already file a (I-130) is there a more automatic way to have them pending visa to be available through my father's application
or I need to submit a separate I-130 for each one of them?


Also for brother and sisters I have filled a separate (I-130) for which are older than 21 should I answer yes or no to "Is this child immigrating to the U.S. at a later date to join you? "
because technically they might but separate (I-130) not through my father.

"Do you have documentation to establish that you have received vaccinations in accordance with U.S. law?"
my father does have documentation but I am not sure if everything is up to date. does he need to do his vaccinations or should I answer no?

"Do you want the Social Security Administration to issue a Social Security number and a card?"
I am not sure why is this even a question. because without a SSN there is nothing he can do but I am not sure if this is a trick question. I assume I am supposed to say Yes right?

 

[SusieQQQ]

You are petitioning your father as an immediate relative (in this case IR5 category). This category does not allow derivatives, so none of those family members can immigrate “with him“ as part of his petition. You can petition your stepmother yourself side by side with your father only if she became your stepmother before you turned 18.

If she became your stepmother after you turned 18, or she wants to wait for her children to come with her at the same time as she moves (won’t happen at same time for the over 21), then once he has his green card, he can in turn petition his wife under F2A, spouse of LPR - depending on their ages and when he married their mom, will result in whether or not they can be derivatives on the same petition.

Sibling visa petition will take minimum 15 years, depending where you are from. No matter which of the above two routes is taken, they will be able to get visas faster as children of LPRs (whether under or over 21) than as sibling. However keeping a sibling petition going is a good backup in case they get married (lprs cannot sponsor married children).

The answer to the vaccinations question is no, but it will be done at the immigrant visa medical.

SSN is not a trick question, the question is do you want it automatically issued or not (Example some people are in US already with SSNs for other reasons so don’t need to say yes) so yes in your situation

in future please number questions when you ask more than one.

 

[TiredOfEverything]

SusieQQQ Thank you so much, this is so helpful and yes I will make sure to number questions in the future.

So basically I should reply by No for "are they immigrating to the U.S. at a later date to join you? " even though they have a pending I-130
also, do you have an idea of how much faster is it to have him sponsor my brother as LPRs?

 

[SusieQQQ]

SusieQQQ Thank you so much, this is so helpful and yes I will make sure to number questions in the future.

So basically I should reply by No for "are they immigrating to the U.S. at a later date to join you? " even though they have a pending I-130
also, do you have an idea of how much faster is it to have him sponsor my brother as LPRs?

assuming you are not from India, mexico or Philippines, typical times from filing to visa have been around 2 years for child under 21 of LPR (it had been somewhat faster the last year or so until covid/trump temporary family visa ban); 5-6 years for unmarried child over 21 of LPR; 15 years for sibling. As you can see, none of them are fast, but via your father would be much, much faster than via you.

 

[TiredOfEverything]

assuming you are not from India, mexico or Philippines, typical times from filing to visa have been around 2 years for child under 21 of LPR (it had been somewhat faster the last year or so until covid/trump temporary family visa ban); 5-6 years for unmarried child over 21 of LPR; 15 years for sibling. As you can see, none of them are fast, but via your father would be much, much faster than via you.

Wow that's actually not that bad. when you say unmarried child over 21 does it mean someone that never been married? how about someone divorce with kids? are they considered unmarried.
Also, my father's health condition isn't the greatest. what if he dies before then? otherwise can I also do it through my mother?

I know it's a lot of questions and it helped me a lot I promise I am done

 

[SusieQQQ]

Wow that's actually not that bad. when you say unmarried child over 21 does it mean someone that never been married? how about someone divorce with kids? are they considered unmarried.
Also, my father's health condition isn't the greatest. what if he dies before then? otherwise can I also do it through my mother?

I know it's a lot of questions and it helped me a lot I promise I am done

if they are divorced before the petition is filed, yes. If at any stage after the petition is filed there is a marriage, it is invalidated (unless the parent has already become a citizen before that - then it changes to F3).
You can have parallel petitions running. ( Death of a petitioner leads to the end of the petition except in extremely limited circumstances where you can transfer.)

 

[TiredOfEverything]

if they are divorced before the petition is filed, yes. If at any stage after the petition is filed there is a marriage, it is invalidated (unless the parent has already become a citizen before that - then it changes to F3).
You can have parallel petitions running. ( Death of a petitioner leads to the end of the petition except in extremely limited circumstances where you can transfer.)

Thanks a lot. you helped me a bunch. have a good day