NVC question for my brother living in Australia, I-130 approved on 2/24/11

[sspati]

Hi,
My brother's petition (I -130) is approved on 2/24/2011. He is unmarried and 27 years old. I am hearing that NVC can delay the VISA letter until the availability of VISA, which could be another 3-5 years. My brother, however, got permanent residence from Australia in Dec 2010. Is there anyway I can use his PR to expedite his VISA ? In other words, what does NVC need from me to change my brother's country of residence from INDIA to Australia to give him a VISA through Australian quota.

Your response will be highly appreciated.

Suds

 

[TheRealCanadian]

In other words, what does NVC need from me to change my brother's country of residence from INDIA to Australia to give him a VISA through Australian quota.

He cannot get a visa through the Australia quota unless he marries someone born in Australia. Chargeability is based on country of BIRTH, not residence or citizenship, or the country of birth of one's spouse.

 

[Jackolantern]

Hi,
My brother's petition (I -130) is approved on 2/24/2011. He is unmarried and 27 years old. I am hearing that NVC can delay the VISA letter until the availability of VISA, which could be another 3-5 years. My brother, however, got permanent residence from Australia in Dec 2010. Is there anyway I can use his PR to expedite his VISA ? In other words, what does NVC need from me to change my brother's country of residence from INDIA to Australia to give him a VISA through Australian quota.

For sibling petitions, Australia and India have the same 11-year wait as the rest of the world except Mexico and the Philippines (which have 15 and 23 years respectively).

So even if he could change his country of chargability to Australia (which he can't unless he marries somebody who is Australian-born), it still wouldn't make a difference to the wait time. Living in Australia only means he can have his consular interview in Australia instead of in India. So if you selected a consulate in India for question 22 of the I-130 and he wants to interview in Australia, you should file I-824 to move the case to the nearest consulate in Australia.