US Citizen parents filing I-130 for married son over 21 - some petition questions

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fubar

New Member
My mother (age 71) and father (78) are US citizens and would like to submit I-130 for my brother who is married with children and resides in India.

1) Would it be worthwhile for both parents to apply? If yes, I assume separate application and fees would be required. If no, does it matter who applies?
2) I know proof of birth is required for my brother. We have prepared affidavits since birth was not registered originally. Do we need to submit affidavit/BC for my brother's spouse and children along with the I-130 application?
3) Does marriage certificate of my brother need to be submitted with the petition?

Thanks
Singh
 
Both should apply for him. The waiting time for married children of USC is over 9 years. If one parent passes away during that time, he can still immigrate based on the other's petition. You should also apply for him, if you are a USC.

In addition to affidavits, he will need proof of the parent-child relationship, such as school records showing that he grew up in the same household with them. The consulate may order a DNA test if they're not satisfied with the evidence.

Marriage certificate and birth certificates of his wife and children will also be required, but those are for much later in the process.
 
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