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Sponsoring wife and kids in JA/

By pecky in Bringing Family Members of Permanent Residents to America

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pecky Contributor

pecky   0

Posted
Filed: K-3 Visa Country: Jamaica
 Timeline
Posted

Hello

My brother married his girlfriend ( who has 2 kids for him.). My brother received his green card through my mom last year. He is now married to his girlfriend and would like to start the sponoring. Question. On the 1-130 does he have to fill out I 130 forms for each child. He stated that he was told that he just has to fill out one 1-130 form for his wife and then put the kids on that form, Pls help with this answer

thanks

pecky

MARRIED ON 8/31/07

VERMONT

OCTOBER 2007-------------I-130 SENT
OCTOBER 10,2007 -------- I-130 RECV IN VERMONT
JANUARY 10, 2008----------RECEIVED NOA1
FEBUARY 24, 2008-----------ASE SEEN ON LINE@USCIS
AUGUST 12,2008------------ CASE SENT TO CSC


CSC
AUGUST 12, 2008-----------CASE SENT TO CSC
AUGUST 13,2008------------ TOUCHED
AUGUST 15, 2008----------- TOUCHED
AUGUST 20, 2008----------- TOUCHED
AUGUST 21, 2008-------------TOUCHED
AUGUST 22, 2008--------------APPROVED (CSC)--THANK YOU LORD

NVC
AUGUST 27, 2008-----------HARD COPY RECEIVED
AUGUST 28, 2008-------------NVC RECEIVED FILE. NVC CASE # ISSUED

Sept 18 ----------Received DS-3032 / I-864 Bill :
Sept 19 ---------Paid I-864 Bill on line
Sept 20-----------Paid IV bill on line
Sept 22----------AOS bill read "paid" on line
Sept 24----------IV bill read "paid" on line
Sept 26----------Mailed AOS/IV bill via express mail
Oct. 10---------- Case Completed at NVC

Interview Date : February 18, 2009
Visa Received :
US Entry: March 2009

10 year green card: Received March 2012

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Hello

My brother married his girlfriend ( who has 2 kids for him.). My brother received his green card through my mom last year. He is now married to his girlfriend and would like to start the sponoring. Question. On the 1-130 does he have to fill out I 130 forms for each child. He stated that he was told that he just has to fill out one 1-130 form for his wife and then put the kids on that form, Pls help with this answer

thanks

pecky

He can file one and the kids will be eligible for derivative visas. If he becomes a US citizen before their priority date is current then he can upgrade his wife's petition to IR1, but he'd need to file new petitions for the kids.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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sus Mentor

sus   70

Posted
Filed: Country: Jamaica
 Timeline
Posted

He can file one and the kids will be eligible for derivative visas. If he becomes a US citizen before their priority date is current then he can upgrade his wife's petition to IR1, but he'd need to file new petitions for the kids.

Incorrect - there is not a derivative visa for an IR1 - They might be eligible for follow to join, if they were married before he got his gc

Fire de a Mus Mus tail, him tink a cool breeze

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pecky Contributor

pecky   0

Posted
Filed: K-3 Visa Country: Jamaica
 Timeline
  • Author
Posted

Incorrect - there is not a derivative visa for an IR1 - They might be eligible for follow to join, if they were married before he got his gc

thanks all for your input.

Pecky

MARRIED ON 8/31/07

VERMONT

OCTOBER 2007-------------I-130 SENT
OCTOBER 10,2007 -------- I-130 RECV IN VERMONT
JANUARY 10, 2008----------RECEIVED NOA1
FEBUARY 24, 2008-----------ASE SEEN ON LINE@USCIS
AUGUST 12,2008------------ CASE SENT TO CSC


CSC
AUGUST 12, 2008-----------CASE SENT TO CSC
AUGUST 13,2008------------ TOUCHED
AUGUST 15, 2008----------- TOUCHED
AUGUST 20, 2008----------- TOUCHED
AUGUST 21, 2008-------------TOUCHED
AUGUST 22, 2008--------------APPROVED (CSC)--THANK YOU LORD

NVC
AUGUST 27, 2008-----------HARD COPY RECEIVED
AUGUST 28, 2008-------------NVC RECEIVED FILE. NVC CASE # ISSUED

Sept 18 ----------Received DS-3032 / I-864 Bill :
Sept 19 ---------Paid I-864 Bill on line
Sept 20-----------Paid IV bill on line
Sept 22----------AOS bill read "paid" on line
Sept 24----------IV bill read "paid" on line
Sept 26----------Mailed AOS/IV bill via express mail
Oct. 10---------- Case Completed at NVC

Interview Date : February 18, 2009
Visa Received :
US Entry: March 2009

10 year green card: Received March 2012

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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

Incorrect - there is not a derivative visa for an IR1 - They might be eligible for follow to join, if they were married before he got his gc

good.gif

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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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

thanks all for your input.

Pecky

When ANY family family member can be sponsored DIRECTLY then a I-130 MUST be filed for each. So if a father is sponsoring his wife and 3 kids then that is 4 forms.. no exceptions. IF Brother is filing for his Brother .. he's NOT directly related to the wife and nephews as a qualifying sponsor and in this case only 1 form would be filed and the wife/3 kids would be given derivative status.

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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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

Hey ricardo, does this mean Me a USC who petitioned my mom, my mom cant bring her minor child, my brother, with her? I was thinking a follow to join might work for us you know...

you are right... you understood well. unfortunately your will not be able to 'follow to join.' A separate file must be submitted for him and your mother should do it.

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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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

Oh my. My brother is turning 21 jul nxt yr. My mom should be here around sePt. You think there us still time left for my bro? Thanks..

Hmmmm IF your mother petition for him ... it would take 11 years. sad.gif

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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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

I mean sept this yr not nxt yr. She gets her gc thus yr. Submit i-130 right away. But oh well too short time... And the brother is not covered under cspa.

no0pb.gif

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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