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Can parent file for son after brother already started application?

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Hi guys, I have a question I'm hoping someone could help to answer. My spouse (US citizen) filed for his mom and brother (13 yrs old) separately, before he realized his young brother wouldn't be able to come to the US at the same time as his mom. His dad is already in the US and has been a permanent resident for 3 years now. Can his dad file for his son (my spouse's brother) even though my spouse already started the filing for him??

Removal of Conditions

02/19/11 I-751 mailed to VSC

02/23/11 NOA receipt date

04/04/11 Biometric appointment

05/18/11 ROC Approved!

05/19/11 New card production ordered!

05/21/11 Approval letter received

05/26/11 10yr green card received!!

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Filed: Citizen (apr) Country: Argentina
Timeline

Hi guys, I have a question I'm hoping someone could help to answer. My spouse (US citizen) filed for his mom and brother (13 yrs old) separately, before he realized his young brother wouldn't be able to come to the US at the same time as his mom. His dad is already in the US and has been a permanent resident for 3 years now. Can his dad file for his son (my spouse's brother) even though my spouse already started the filing for him??

yes he can,

a person can have more than one petition at the same time on their behalf. each case is taken separatly.

At this moment, it is taking more than 3 years, but in the future who knowns.

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yes he can,

a person can have more than one petition at the same time on their behalf. each case is taken separatly.

At this moment, it is taking more than 3 years, but in the future who knowns.

Thanks! It will certainly take less time than 10 years under my spouse's petition.

Removal of Conditions

02/19/11 I-751 mailed to VSC

02/23/11 NOA receipt date

04/04/11 Biometric appointment

05/18/11 ROC Approved!

05/19/11 New card production ordered!

05/21/11 Approval letter received

05/26/11 10yr green card received!!

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Filed: F-2A Visa Country: Jamaica
Timeline

Hi guys, I have a question I'm hoping someone could help to answer. My spouse (US citizen) filed for his mom and brother (13 yrs old) separately, before he realized his young brother wouldn't be able to come to the US at the same time as his mom. His dad is already in the US and has been a permanent resident for 3 years now. Can his dad file for his son (my spouse's brother) even though my spouse already started the filing for him??

if the mother is already a LPR then i would suggest she submit the petition for the child.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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