Bringing Siblings of US Citizen to USA

[Peter&Jaime 1]

My husband is applying for his American citizenship in January. We are taking a trip to Peru in a month and need to get all the original documents we would need for this process while there. My husband has 7 brothers and one step brother. So we are looking at a variety of scenerios.It's just easier to get everything at once. We are not applying for visas for all of them (probably only one or two) but want to understand the process. My questions are:

1. If we apply for a visa for one of his brothers can his legally married wife and underage children come with him? (would we need to pay seperate fees for them?)

2. If a brother gets married while waiting for the visa can his wife be added to the application?

3. What happens if a brother's minor children come of age while waiting for the visa? Are they allowed a visa or do they have to wait till their father becomes a USC to get a visa?

4. Can you apply for a step-brother if the parents where never married? (all parents are now deceased)

5. What is the current waiting time for Peru? 10 years or more?

6. What documents will we need? I think I need my husband's and immigrating brother-in-law's birthcertificate. Do we need their parent's marriage certificate?

Sorry for all the questions, but I was unable to find the answers anywhere else.

[Saddle Bronc 124]

My husband is applying for his American citizenship in January. We are taking a trip to Peru in a month and need to get all the original documents we would need for this process while there. My husband has 7 brothers and one step brother. So we are looking at a variety of scenerios.It's just easier to get everything at once. We are not applying for visas for all of them (probably only one or two) but want to understand the process. My questions are:

1. If we apply for a visa for one of his brothers can his legally married wife and underage children come with him? (would we need to pay seperate fees for them?)

2. If a brother gets married while waiting for the visa can his wife be added to the application?

3. What happens if a brother's minor children come of age while waiting for the visa? Are they allowed a visa or do they have to wait till their father becomes a USC to get a visa?

4. Can you apply for a step-brother if the parents where never married? (all parents are now deceased)

5. What is the current waiting time for Peru? 10 years or more?

6. What documents will we need? I think I need my husband's and immigrating brother-in-law's birthcertificate. Do we need their parent's marriage certificate?

Sorry for all the questions, but I was unable to find the answers anywhere else.

1. If the children happen to be under 21 when he finally gets the visa (FB-4 is unofficially known as the "Methuselah Plan"), then yes they can get derivative GC's off his primary
2. Yes
3. He could file a F2-b (children of GC-holder, over 21) so long as they don't marry (if they are married by then, or they marry while waiting for the F2-b, they're SOL)
5. Cutoff date for all non-MPIC (MPIC = Mexico/Philippines/India/China) countries for F-4 is 2000/06/15 (about 11.5 years ago), so likely over 10 years

[JimVaPhuong 4,863]

1. If we apply for a visa for one of his brothers can his legally married wife and underage children come with him? (would we need to pay seperate fees for them?)

Only one petition is required for the brother. The brother's spouse and minor unmarried children are eligible for derivative visas based on that same petition. One petition and corresponding fees - multiple visa applications with corresponding fees for each.

2. If a brother gets married while waiting for the visa can his wife be added to the application?

As I said above, the spouse and minor unmarried children are eligible for derivative visas. For an F4 visa category, it doesn't matter what the primary beneficiary's marital status is when the petition is filed or when the priority date becomes current. They can marry after the petition is filed and their spouse and any children will still be eligible for derivative visas.

3. What happens if a brother's minor children come of age while waiting for the visa? Are they allowed a visa or do they have to wait till their father becomes a USC to get a visa?

When a derivative ages out then they will be converted to another visa category if they are eligible. His brother's kids do not have a petitionable relationship with your husband, so there would be no category they could convert to. They would no longer be eligible for a visa based on your husband's petition. Their parents could file for them once they become LPR's.

4. Can you apply for a step-brother if the parents where never married? (all parents are now deceased)

No. In order for a step-sibling relationship to exist for immigration purposes the biological parent and step-parent must marry before the siblings are 18 years old. The parents never married, so there's no relationship between them.

5. What is the current waiting time for Peru? 10 years or more?

Watch the monthly visa bulletin:

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

The current wait for an F4 is a little over 11 years.

6. What documents will we need? I think I need my husband's and immigrating brother-in-law's birthcertificate. Do we need their parent's marriage certificate?

If the parents were never married then that would make it rather tough to produce a marriage certificate, wouldn't it? Birth certificates may be enough if they clearly establish that both siblings have at least one biological parent in common, but it depends very much on how reliable a birth certificate is as evidence in that particular country. In many countries, getting a false birth certificate issued by the local government is as easy as putting some cash on the table. A DNA test may be requested to confirm their biological relationship.

[Peter&Jaime 1]

If the parents were never married then that would make it rather tough to produce a marriage certificate, wouldn't it? Birth certificates may be enough if they clearly establish that both siblings have at least one biological parent in common, but it depends very much on how reliable a birth certificate is as evidence in that particular country. In many countries, getting a false birth certificate issued by the local government is as easy as putting some cash on the table. A DNA test may be requested to confirm their biological relationship.

I meant would my husband need a marriage certificate for his parents for the visa application for his full blooded brothers.

[Visa Grant 78]

Welcome Jaime

You can join the F4 Visa Filers post below and can track your queries..

All F4s

Good Luck..

1. .............. (FB-4 is unofficially known as the "Methuselah Plan")

[Jojo92122 1,924]

I meant would my husband need a marriage certificate for his parents for the visa application for his full blooded brothers.

The parent's marriage certificate is not necessary. It doesn't help establish that your husband and brother are actually brothers. Their birth certificates showing a common parent establishes their sibling relationship. What he needs are his birth certificate and the birth certificate of the brother he is petitioning for.

[Peter&Jaime 1]

The parent's marriage certificate is not necessary. It doesn't help establish that your husband and brother are actually brothers. Their birth certificates showing a common parent establishes their sibling relationship. What he needs are his birth certificate and the birth certificate of the brother he is petitioning for.

So why can we not petition a step-brother whose mother was not married to my husband's father? Sorry not sure I am following. If the marriage certificate is not important then won't the stepbrother's birth certificate and my husbands birth certificate be sufficient?

[Jojo92122 1,924]

So why can we not petition a step-brother whose mother was not married to my husband's father? Sorry not sure I am following. If the marriage certificate is not important then won't the stepbrother's birth certificate and my husbands birth certificate be sufficient?

Full-brothers = both parents in common

Half-brothers = one parent in common

Step-brothers = no parents in common

Step-brothers do not have a parent in common. Their birth certificates would list different mothers and fathers. A marriage between their parents creates the step-brother relationship. No marriage = no step-brother relationship.

Edited November 7, 2011 by Jojo92122

[Peter&Jaime 1]

Full-brothers = both parents in common

Half-brothers = one parent in common

Step-brothers = no parents in common

Step-brothers do not have a parent in common. Their birth certificates would list different mothers and fathers. A marriage between their parents creates the step-brother relationship. No marriage = no step-brother relationship.

Sorry that was a typo! My husbands half-brother (same father) can apply as well? The half brother parents were never married.

[Jojo92122 1,924]

Sorry that was a typo! My husbands half-brother (same father) can apply as well? The half brother parents were never married.

Must be some crazy keyboard you have to make that typo repeatedly - the S-T-E-P buttons are nowhere near the H-A-L-F buttons.

Your husband can petition for his half-brother as long as the father is listed on both of their birth certificates. The birth certificates shows their qualifying relationship as brothers.