Question \ U.S. citizen brother

V

VirtualAhmed

New Member
Heloo

I'm Libyan Muslim 19 years old and my brother is U.S. citizen as he was born there and he live in Dubai now and my question is :
Can i apply for the U.S. citizenship or a green card with the fact that my brother doesn't live in the USA now ?

Thank you .
 
Green card

VirtualAhmed said:
Heloo

I'm Libyan Muslim 19 years old and my brother is U.S. citizen as he was born there and he live in Dubai now and my question is :
Can i apply for the U.S. citizenship or a green card with the fact that my brother doesn't live in the USA now ?

Thank you .
Click to expand...

He can initially sponsor you for Green card at this stage. You have long ways before you can apply for your citizenship, especially if you will be going thru your brother. I don't see any reason why he cannot sponsor you if he is not in US at this time. As long as he is a US citizen, that's all what it matters.
 
Atlanta_Brother said:
He can initially sponsor you for Green card at this stage. You have long ways before you can apply for your citizenship, especially if you will be going thru your brother. I don't see any reason why he cannot sponsor you if he is not in US at this time. As long as he is a US citizen, that's all what it matters.
Click to expand...

Well, the I-864 may have something to say here... this US brother must be able to sponsor him financially in the event he would become a burden... and if this US citizen brother is not filing taxes with the IRS every year... and not making enough money... that may prove hard.
 
Your brother can petition for you...filing the I-130, there are some requirements with it...but before jump into that...your waiting will be over a decade.
 
PraetorianXI said:
Well, the I-864 may have something to say here... this US brother must be able to sponsor him financially in the event he would become a burden... and if this US citizen brother is not filing taxes with the IRS every year... and not making enough money... that may prove hard.
Click to expand...
out of curosity! cann't his brother have a joint sponsor when his visa number becomes current and for filling I-130 he doesn't even need that. let me correct if I am wrong?
 
The citizen brother should be able to file an I-130. However a decade later, the citizen brother has a trickier problem. A consul can question why the non-citizen brother is going to the US to join his citizen brother, when the citizen brother does not even live in the US. I once witnessed a consul refusing an immigrant visa to an applicant in Karachi on this argument itself.

xerostomic said:
out of curosity! cann't his brother have a joint sponsor when his visa number becomes current and for filling I-130 he doesn't even need that. let me correct if I am wrong?
Click to expand...
 
Quote

Atlanta_Brother said:
He can initially sponsor you for Green card at this stage. You have long ways before you can apply for your citizenship, especially if you will be going thru your brother. I don't see any reason why he cannot sponsor you if he is not in US at this time. As long as he is a US citizen, that's all what it matters.
Click to expand...

So how long does it take to get the Green Card thru him ?
 
Triple Citizen said:
The citizen brother should be able to file an I-130. However a decade later, the citizen brother has a trickier problem. A consul can question why the non-citizen brother is going to the US to join his citizen brother, when the citizen brother does not even live in the US. I once witnessed a consul refusing an immigrant visa to an applicant in Karachi on this argument itself.
Click to expand...
I also know a case when LPR wife was living in Pakistan for several years and his husbands case was initially deneid on the same ground, but later he came to US, I don't know how he fixed it, may be she repetitioned him after naturalization.
 
Triple Citizen said:
The citizen brother should be able to file an I-130. However a decade later, the citizen brother has a trickier problem. A consul can question why the non-citizen brother is going to the US to join his citizen brother, when the citizen brother does not even live in the US. I once witnessed a consul refusing an immigrant visa to an applicant in Karachi on this argument itself.
Click to expand...

That is an excellent point... since the point of FB immigration is to "keep the family" together...
 
What if the petitioning brother intends to return the the US at the same time as the beneficiary brother, or perhaps some time inbetween the filing of the petition and when the beneficiary's PD comes current? Do I assume correctly that the I-130 would be approvable regardless of current location of the petitioner, and the petitioner's whereabouts only matter at the time that the beneficiary adjusts status/applies for the immigrant visa?
 
The I-130 approval is not really the potential issue here. The incident I mentioned in my previous post was at a US consulate where the consul was not interested in issuing the immigrant visa since the sponsor was not living in the US the day the interview was conducted. The consul wanted a photograph of the sponsor infront of a known US monument holding a newspaper in such a way that the date on the newspaper could be read!!!

austriacus said:
What if the petitioning brother intends to return the the US at the same time as the beneficiary brother, or perhaps some time inbetween the filing of the petition and when the beneficiary's PD comes current? Do I assume correctly that the I-130 would be approvable regardless of current location of the petitioner, and the petitioner's whereabouts only matter at the time that the beneficiary adjusts status/applies for the immigrant visa?
Click to expand...
 
Triple Citizen said:
The consul wanted a photograph of the sponsor infront of a known US monument holding a newspaper in such a way that the date on the newspaper could be read!!!
Click to expand...

That's an interesting proof to ask for. I'd ask for a valid driver's license, utility bills, bank statements for proof of US residence. With the newspaper-monument evidence, I can probably even find a picture that "proves" that my mom who visits once a year "resides" in the US. :D By the way, did you guys and gals know that we have the world's tallest monument here in Texas? I have a pic of it with my parents ... pointing to where it says on it that Austrians fought in the Texas Revolution.
 
Last edited by a moderator:
The issue being debated was not whether the sponsor resides in the US or not. It had been established that the sponsor was living outside the US. The consul wanted the sponsor to return to the US, take that snap and send it to the beneficiary who will then forward it to the consul :)
 
Triple Citizen said:
The issue being debated was not whether the sponsor resides in the US or not. It had been established that the sponsor was living outside the US. The consul wanted the sponsor to return to the US, take that snap and send it to the beneficiary who will then forward it to the consul :)
Click to expand...

There is always photoshop ;)...
 
You must log in or register to reply here.
Top