I-130 question

[LAUSA 0]

Hello,

There are a few questions in form I-130 asking about the place of birth and place of marriage of the relative. The place of my relative has changed it's name through the years. Could anyone please let me know if we must use the current name (which would look different from the name on her Birth Certificate) or the old name (when she was born and got married)?

Thanks so much for your help.

Edited September 22, 2011 by LAUSA

[LBeachey 45]

If it fits I think I would write Saigon(now Ho Chi Minh City) or add a supplemental page saying the same thing.

Though I would guess the name change is less well know than my example.

[LAUSA 0]

Thanks, LBeachey for your response. And yes the place is not SG . Your approach sounds good to me. Actually I was thinking of using the new name and putting the old name in brackets for example Ho Chi Minh City (former Saigon). But probably your approach is better. I would still appreciate input from others who've had similar experiences and/or know for sure how it would work in this case.

Thanks.

[Love Forever 0]

Hi,

Here is the list of family we wish to file for. 1st thing is both me and wife are US Citizens. These relatives are in Vietnam. Her mother and Father and 2 brothers are still in Vietnam. Do I need to file for each a I-130 seperate or can they goto together on one I-130? I read each one needs thier own but do I send them together or seperate?

Here are the issues I also have.

Mother and father

1 brother is 20 and not married. The other brother is 23 and married 1 child and 1 child on the way. What would be the best way to file for them?

Thank you,

[Love Forever 0]

If it fits I think I would write Saigon(now Ho Chi Minh City) or add a supplemental page saying the same thing.

Though I would guess the name change is less well know than my example.

Hi,

Just put what is on the birth certificate. Everyone knows both. or Saigon/HCM would be fine. No real issue.

Good Luck!

[JimVaPhuong 4,863]

Hi,

Here is the list of family we wish to file for. 1st thing is both me and wife are US Citizens. These relatives are in Vietnam. Her mother and Father and 2 brothers are still in Vietnam. Do I need to file for each a I-130 seperate or can they goto together on one I-130? I read each one needs thier own but do I send them together or seperate?

Here are the issues I also have.

Mother and father

1 brother is 20 and not married. The other brother is 23 and married 1 child and 1 child on the way. What would be the best way to file for them?

Thank you,

Mom and dad qualify for IR5 visas. These are "immediate relative of US citizen" visas. The upside is that you don't have to wait for a priority date to become current - they can apply for a visa as soon as the petition is approved and you've completed NVC processing. The downside is that immediate relative visas don't allow for derivatives, which means no other relatives can receive a visa based on the same petition. Mom and dad each need a separate petition, and her brothers won't be able to get visas based on either mom or dad's petition.

The brothers qualify for FB4 visas. These are "family preference" visas. The upside is that family preference visas DO allow for derivatives, which means the married brother's wife and kid can get visas based on his approved petition. The downside is that family preference visas are rationed - only a limited number are issued each year - so they'll have to wait for their priority dates to become current before they'll be able to apply for visas. The current wait for FB4 visas is about 11 years. You can follow the current cutoff dates in the visa bulletin here:

http://travel.state.gov/visa/bulletin/bulletin_1360.html

The other alternative is that mom and dad can immigrate and then petition for the kids. Unfortunately, the 20 year old brother will undoubtedly be 21 before mom and dad come to the US and get their green cards, which means he'd be in the FB2B category, which is currently about 8 years. Mom and dad would not be able to petition for the married son.