My above 18 son?

pvs7

Registered Users (C)
A petition for my greencard ownership was filed in 1996, from an adult citizen for his married sister (me). The application is due for interview in around 6months to 1year now.
But If I get greencard, will my family also get it? Which includes my husband and my 2 sons. One is 16, the other one will turn 18 by the end of this January, will he get his greencard as well automatically as he is still in school and very much parent dependant??

Thanks.


Edit : I just noticed that USCIS classifies above 21 years as adults.

But i've got another doubt in my mind right now. I was applied through the I-130 form, in the 4rth section, "Brother and Sister of a USC", as soon as I get my greencard my family will also get them along with me, right??
 
Last edited by a moderator:
If you have included them in your application and it is counselor processing, they should. If you are already in USA they need to file separate I-485 applications.
 
pvs7 said:
A petition for my greencard ownership was filed in 1996, from an adult citizen for his married sister (me). The application is due for interview in around 6months to 1year now.
But If I get greencard, will my family also get it? Which includes my husband and my 2 sons. One is 16, the other one will turn 18 by the end of this January, will he get his greencard as well automatically as he is still in school and very much parent dependant??

Thanks.


Edit : I just noticed that USCIS classifies above 21 years as adults.

But i've got another doubt in my mind right now. I was applied through the I-130 form, in the 4rth section, "Brother and Sister of a USC", as soon as I get my greencard my family will also get them along with me, right??

Well, you can tell I'm over tired tonight. I read that wrong...so my bad. Sorry for the scare.
 
Last edited by a moderator:
Brothers and sisters of adult citizens may, in fact, bring the dependents.

http://www.uscis.gov/files/form/I-130.pdf

Read the section - For whom can you file?

A separate petition for your spouse and your children is not required. As long as they were listed on your I-130 (and they were supposed to, since the petition is only 10 years old, and your kids are older than that), they should be able to get the visas with you. I do believe that when NVC contacts you, you will fill and send DS-230 forms for all four of you, and then you will interview together, and get the visas. I do hope that your oldest doesn't turn 21 by then.
 
I can't really tell for sure. But I opened that PDF document and under 'For Whom You May File' it says this exactly :

If your relative qualifies under paragraph A(3), A(4) or A(5)
above, separate petitions are not required for his or her
husband or wife or unmarried children under 21 years of
age.

And I just looked at a copy of the approved petition and it does say one of those A(number here). Guess I'm fine then.

Was a little worried. And he'll be turning 18 by January end, and looking at the average speed they're going at, it shouldn't take any longer than 6-8 months now hopefuly.

Thank-You people ^__^

(And just for the kicks, I'm not really that sister, but her son that's about to turn 18 :p :D lol)
 
Last edited by a moderator:
pvs7 said:
I can't really tell for sure. But I opened that PDF document and under 'For Whom You May File' it says this exactly :



And I just looked at a copy of the approved petition and it does say one of those A(number here). Guess I'm fine then.

Was a little worried. And he'll be turning 18 by January end, and looking at the average speed they're going at, it shouldn't take any longer than 6-8 months now hopefuly.

Thank-You people ^__^

(And just for the kicks, I'm not really that sister, but her son that's about to turn 18 :p :D lol)


As long as they were listed on her original I-130. They were required to be listed, so cannot imagine that her brother did not do so. He would have been the one to file the I-130, so you should ask if they were listed. He must have a copy of the I-130 he filed on your behalf. If he did not list them....ouch.
 
Well, my petition says it was filed under A(4) (its stated in the petition).
In that .pdf document, it says under A(4) there is no need to apply for direct family (under 21 unmarried children and husband), only in B(4) it is required but I guess anyway he did file for us as well.
 
pvs7 said:
Well, my petition says it was filed under A(4) (its stated in the petition).
In that .pdf document, it says under A(4) there is no need to apply for direct family (under 21 unmarried children and husband), only in B(4) it is required but I guess anyway he did file for us as well.


There is no need to file seperately...but if you look at the form it asks for information about spouse and children. If that information was not provided, could be a problem. That was why I suggested seeing a copy of the original I-130 form that was filed.
 
Top