I130 for brother.

V

vytutis

New Member
Hi Everyone,
Please help me out!
Here is my story:
I have been in US almost a year and have a Permanent resident status with a condition. I came to US with fiance visa and already got a green card. The problem is when I left from Slovakia (where I'm from) my little brother stayed there by himself in foster home. He is only 15 years old and I would like to bring him here (because both of our parents are gone). I figured that the for I130 would be the best bet fo me in this case, theonly thing I am not sure If i can file it, because i still have condition on my green card? Also since last year Slovakian resdens do not need visas to enter US as tourists. So he could come and stay with me here in US, but only for 3 months legally. Now my question is can you file I130 for the relative that is already here, and could he over stay those 3 months if the I130 will not get aproved by then?

Thank You All who took Your time to help me out.
 
You cannot file an I-130 for your brother, since you are not a US citizen. Once you become a citizen there is a 10 year wait for a visa.
 
Thank You "Real Canadian". I just read the USCIS instruction on I130.
Would You know any other way to bring him here?
Thanks
 
kittenKat said:
Plenty. Student, visitor, H1, marry to USC.
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H-1 or Marriage to a US citizen at 15??

He doesn't have many options short of studying, but if the consul finds out that his only relative is a sister with GC, I'm not holding out much breath.

His best bet might be to be adopted by his new brother-in-law.
 
I'm not sure, can't you officially "adopt him", hence become his legal guardian? Then request him that way?
 
Go to the lawyer and ask for all options (including adoption). But if adoption is possible in this situation you have to be FAST.
 
Thank You all very much for Your time and advise :) One more question, if we decide to adopt him, can we do that through USCIS directly, or it has to be done in his native country with their civic center? also do You think he can live here until all the adoption pepers clear or he has to wait for it at home?
 
Has he been in your official custody and lived under the same roof with you for two years?

In any case, the kid needs to be adopted before he is 16, and time is running out for you. A GC holder must live with the child and have him in legal custody for 2 years before she/he can petition for the kid's GC. If your husband adopts him (as a US citizen), there is no 2 year requirement. However, your country may not allow independent adoptions, or foreign adoptions algother. Usually, a foreign adoption through an agency costs about $10,000+. Plus immigration fees.
 
Thank You "LucyMO".I had a custody of my brother for over a year and my USC husband did not. So would it be better if my husbant would adopt him on his own or both of us jointly? Also We can bring him here on visitors visa so he can live with us and then work on adoption. Also our mother left us and we do not know wher she is and the father is an alcoholic so the court took away his rights to my brother.
 
OMG! I feel really sorry for your brother (and you). :(
Please, talk to the good lawyer ASAP. As mentioned you are running out of time, and at least you will be directed in right way.

Lucy, just curious, why is it SO expensive?? It's just unbelievable! :eek:
 
vytutis said:
Thank You "LucyMO".I had a custody of my brother for over a year and my USC husband did not. So would it be better if my husbant would adopt him on his own or both of us jointly? Also We can bring him here on visitors visa so he can live with us and then work on adoption. Also our mother left us and we do not know wher she is and the father is an alcoholic so the court took away his rights to my brother.
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I am not a specialist and I know only a few things about international adoptions. Since it is such a serious step that involves a lot of money and time, your best bet would be to contact a KNOWLEDGEABLE attorney for this. Make sure they know a lot about international adoptions.

The kid needs to be classified as an orphan as well.

Start with www.travel.state.gov...
 
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