bringing sister and family to usa

[ze22 0]

Hi! My husband is a citizen and wants to file for his sister (her husband and kids too). Do we have to file just one I130 under the sister's name or do we need to file individually i.e sister, her hubby and kids.... pls help...

[Nanusia & Lukaszek 0]

Filing for a married sister & family will take years and years of wait time. Sometimes happens that the kids in the original filing are adults by the time the I130s get approved.

[payxibka 10,045]

Hi! My husband is a citizen and wants to file for his sister (her husband and kids too). Do we have to file just one I130 under the sister's name or do we need to file individually i.e sister, her hubby and kids.... pls help...

I-130's benneficiaries do not get an automatic derivative benefit to family memebers (spouse and children)....

[aaron2020 11,651]

Hi Ze22,

To answer your question and give you a running start.

1) Your US citizen husband must be at least 21 years-old in order to petition for his sister.

2) Your US citizen husband (Petitioner) file one I-130 for his sister (Beneficiary).

3) The sister's husband and children can be included in the single I-130 as Derivative Beneficiaries. (Your husband cannot petition for them separately anyways).

4) Your husband must prove there is a brother-sister relationship (common mother or father usually).

5) The current wait from time of petition to immigration visa for sibling immigration is 12 years. (It can take longer or shorter in your case - you don't know how many petitions will be ahead of theirs).

6) Your husband must show that he can support his sister and her family once they get to the US. If he can't support them, no way will the US let them immigrate.

7) The children may age out and not be allowed to come to the US. Generally, a child over 21 cannot come to the US as a derivative beneficiary.

The Child Status Protection Act (CSPA) may offer relief. It's complicated and specific to how long it takes to approve the I-130 and meeting certain requirements when a visa becomes available for the Sister.

Good luck.

Edited June 21, 2008 by aaron2020

[ze22 0]

Thanks for the information....

[mxb 0]

Thanks for the information....

Have a query regarding OF-230-I and OF-230-II documents. I ve applied immigration of my parents under IR5 category. Now NVC has schedualed interveiw, following are the documents which have been asked to bring at the time of interview ( following are the doc along with their status)

OF-230-I Yes/Document Complete/Reviewed,

OF-230-II Yes/Document Complete/Reviewed

Passport Yes/Document Complete/Reviewed

Birth Cert Orig Doc Recieved

Marrige Cert Orig Doc Recieved

Police Cert Orig Doc Recieved

Financial Evidence Yes/Document Complete/Reviewed

Photographs Yes/Document Complete/Reviewed

Medical examination results

My concern is do we have to fill again DS230 and secondly original above cert were already sent to NVC . how can i ge t the orig copy of these cert again.

In the NOTICE TO VISA APPLICANT its mentioned in bold "Please note that even though the applicant may have provided the NVC with a copy of a doc , the applicant is still required to bring the orig documents to the visa interview".

I hope some body from their exper could guide me .

waiting from the response, interview is on 23th of next month.

thanks