Few questions about filing I-130 for my brother

[Azhar 0]

Hi All,

I'm a U.S Citizen and want to apply for my brother's immigrant visa. We have same parents. My brother is married and have an adopted son who is 14 1/2 years old. My questions are:

1- Which of the following documents do I send with I-130 from the following - :

a. My birth certificate

b. My brother's birth certificate

c. My sister-in-law's birth certificate

d. My nephew's birth certificate

e. Adoption papers showing my brother adopted his son

2- Assuming it will take 12+ years to get a visa, at that time my nephew would be around 27 years old -- will he qualify to get immigrant visa as well?

Thanks in advance!

[payxibka 10,045]

Hi All,

I'm a U.S Citizen and want to apply for my brother's immigrant visa. We have same parents. My brother is married and have an adopted son who is 14 1/2 years old. My questions are:

1- Which of the following documents do I send with I-130 from the following - :

a. My birth certificate

b. My brother's birth certificate

c. My sister-in-law's birth certificate

d. My nephew's birth certificate

e. Adoption papers showing my brother adopted his son

2- Assuming it will take 12+ years to get a visa, at that time my nephew would be around 27 years old -- will he qualify to get immigrant visa as well?

Thanks in advance!

1) The petition is for your brother (not your SIL or your nephew). Nothing as it relates to birth or marriage evidence for your SIL or your nephew is required with the I-130. Those issues will be dealt with 10+ years from now when it is time to submit the DS-230's.

2) No

Submit a copy of your birth certificate and a copy of your brother's or sister's birth certificate showing that you have at least one common parent. If you and your brother or sister have a common father but different mothers, submit copies of the marriage certificates of the father to each mother and copies of documents showing that any prior marriages of either your father or mothers were legally terminated. If you and your brother or sister are related through adoption or through a stepparent, or if you have a common father and either of you were not legitimated before your 18th birthday, see also 8 and 9 below.

Edited March 15, 2010 by payxibka

[Azhar 0]

1) The petition is for your brother (not your SIL or your nephew). Nothing as it relates to birth or marriage evidence for your SIL or your nephew is required with the I-130. Those issues will be dealt with 10+ years from now when it is time to submit the DS-230's.

2) No

Thanks!

Actually, I got a different reply from a lawyer at visalaw I contacted -- This is what she said:

When the I-130 is filed for your brother, it will benefit his spouse and his children that are under 21 at that time. There is a complicated formula under the Child Status Protection Act that determines whether or not it will cover children that turn 21 before the priority date becomes current. The way it works is this: on the day the priority date becomes current, we will subtract from the childs age the number of days it took CIS to approve the I-130. In other words, lets say it takes CIS 3.5 years to approve the I-130. If your nephew is 24 when the date becomes current, he will get to subtract 3.5 years from his age which will make him less than 21 years at that time. As long as he files with the State Dept. within one year of the date becoming current, his age will be frozen at 20.

It is impossible to know now if this will help your nephew because we don't know how long it will take CIS to adjudicate and we don't know when the date will become current.

What I can tell you is this, it is taking several years right now to approve sibling petitions which is good for your nephew. Filing an I-130 is simple and its cheap so I'd advise that you go ahead and do it. It won't hurt and its very possible that it will be beneficial to the child.

[milimelo 4,481]

Thanks!

Actually, I got a different reply from a lawyer at visalaw I contacted -- This is what she said:

Actually, you received pretty much the same response. You only list your brother's spouse and children on I-130, you don't send in birth or marriage certificates with the initial application. That is needed further down the road.

[Azhar 0]

Actually, you received pretty much the same response. You only list your brother's spouse and children on I-130, you don't send in birth or marriage certificates with the initial application. That is needed further down the road.

No I meant the answer to question :

2- Assuming it will take 12+ years to get a visa, at that time my nephew would be around 27 years old -- will he qualify to get immigrant visa as well?

was different from lawyer.