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Filed: AOS (pnd) Country: Nigeria
Timeline
Posted

Hello All!

I brought my fiance over from Nigeria on a K-1 visa. After he arrived we married and immediately started the AP/EAD/AOS process. He has since been approved and received his EAD/AP card. We are still waiting for the AOS decision. According to my calculations we should have an answer around August sometime...

This is my question... How can we (My husband & I) petition to bring his older brother from Nigeria to the states. Any advice or guidance in the right direction of info is greatly appreciated.

Thank you in advance for you help

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Your husband will need to become a US citizen before a petition on behalf of his brother can be filed.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

It's a long way away. You cannot petition for the brother. Hubby must do it.

Once your husband becomes a citizen he can petition for his brother. The wait for siblings is currently around 11 years after petition approval.

In your case he's got to have 3 years of GC status to get to citizenship eligibility. Assume he gets citizenship as soon as possible, that's late 2015. Then he petitions for the brother. Who knows what the immigration policies or the wait will be then.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: AOS (pnd) Country: Nigeria
Timeline
Posted

It's a long way away. You cannot petition for the brother. Hubby must do it.

Once your husband becomes a citizen he can petition for his brother. The wait for siblings is currently around 11 years after petition approval.

In your case he's got to have 3 years of GC status to get to citizenship eligibility. Assume he gets citizenship as soon as possible, that's late 2015. Then he petitions for the brother. Who knows what the immigration policies or the wait will be then.

Oh WOW!!! Definitely NOT what I wanted to hear... A couple of follow up questions if you please...

1) So there is no way that once he receives his green card we can start the process to bring him over?

2) Is there any other way we could bring him over and then assist him in getting the right to stay...say for instance like a student visa?

3) Can you point me in the right direction where I may be able to find the guides which will walk me through the process or give me advice on how to further proceed?

Thanks again in advance for any assistance you may be able to give

Posted

Oh WOW!!! Definitely NOT what I wanted to hear... A couple of follow up questions if you please...

1) So there is no way that once he receives his green card we can start the process to bring him over?

2) Is there any other way we could bring him over and then assist him in getting the right to stay...say for instance like a student visa?

3) Can you point me in the right direction where I may be able to find the guides which will walk me through the process or give me advice on how to further proceed?

Thanks again in advance for any assistance you may be able to give

The guides are right here for other methods to get him here. A student visa is a Non-Immigrant Visa. Meaning you come, go to school, then go home.

http://www.visajourney.com/content/guides

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Oh WOW!!! Definitely NOT what I wanted to hear... A couple of follow up questions if you please...

1) So there is no way that once he receives his green card we can start the process to bring him over?

2) Is there any other way we could bring him over and then assist him in getting the right to stay...say for instance like a student visa?

3) Can you point me in the right direction where I may be able to find the guides which will walk me through the process or give me advice on how to further proceed?

Thanks again in advance for any assistance you may be able to give

Got any single friends that think he's cute??

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted (edited)

If he has 500,000 usd he can go for an investors visa by starting a business that employs a certain number of US persons. If he is a highly talented person ( usually in a STEM job path ) there are visas for that. Student visas require that he be accepted at a qualified school. It also reqiures that your brother in law show that he can support himself. For the local community college here that means showing you have 15,000 usd available to fund your schooling. He also needs to show ties to his country.

Also there is the DV lottery.

Edited by NigeriaorBust

This will not be over quickly. You will not enjoy this.

Filed: K-1 Visa Country: Nigeria
Timeline
Posted

good.gif

Got any single friends that think he's cute??

[size="3"][color="#4a4a4a"][font="Georgia"]Relationship Timeline
[/font][/color][/size][size="3"][color="#4a4a4a"][font="Georgia"]
12/15/98- Started dating


K-1 Visa Timeline
[/font][/color][/size] [size="3"][color="#4a4a4a"][font="Georgia"]
I-129F Sent- 10/13/2010[/font][/color][/size] [size="3"][color="#4a4a4a"][font="Georgia"]
NOA1 Letter- 10/21/2010

[/font][/color][/size][size="3"][color="#4a4a4a"][font="Georgia"]NOA2 Letter[/font][/color][/size][size="3"]- [/size][size="3"][font="Georgia"]04/09/2011---------------->[/font][/size][font="Georgia"][size="3"]it took 170 days from NOA1 to get NOA2----------------->>>>5 months, 19 days.




[/size][/font]

Filed: Timeline
Posted

Oh WOW!!! Definitely NOT what I wanted to hear... A couple of follow up questions if you please...

1) So there is no way that once he receives his green card we can start the process to bring him over?

2) Is there any other way we could bring him over and then assist him in getting the right to stay...say for instance like a student visa?

3) Can you point me in the right direction where I may be able to find the guides which will walk me through the process or give me advice on how to further proceed?

Thanks again in advance for any assistance you may be able to give

To qualify for a student visa, your B-N-Law would need to convince the VO that he plans to return to Nigeria after his studies...since that is apparently not the plan, having him say this would be a ....(fib)...and may easily jeopardize his credibility...which is an important asset.

He could apply for the DV, a long shot, but if successful (and lucky) would be far faster than the umpteen years necessary for (a) your husband to gain his US citizenship and (b) for the subsequent petition for his brother to become current. :bonk:

Filed: Timeline
Posted (edited)

Oh WOW!!! Definitely NOT what I wanted to hear... A couple of follow up questions if you please...1) So there is no way that once he receives his green card we can start the process to bring him over?2) Is there any other way we could bring him over and then assist him in getting the right to stay...say for instance like a student visa?3) Can you point me in the right direction where I may be able to find the guides which will walk me through the process or give me advice on how to further proceed?Thanks again in advance for any assistance you may be able to give

1. Unfortunately, no. Permanent residents can only petition for spouses and/or unmarried children.

2. For a student visa (F-1) he needs to get accepted into an accredited US school, and prove that he 1. He has enough funds for tuition and living expenses, and 2. That he has every intention of returning to Nigeria after graduation. You can't help him in the visa process, he'll have to apply himself, individually. He will not be granted a student visa if he plans to stay in the US after graduation.

3. Unless he has a specialized skill/bachelor's degree or higher in a specialized field of study, or $500,000 at hand to invest in a new business, the only immigrant visa he'd be eligible for at this time would be Diversity Visa (also known as the green card lottery).

4. Hook him up with a nice American girl and see where it goes. If they get married one day, he'd be eligible for K-1/CR-1. Having gone through the Lagos consulate, I know I don't have to remind you that it needs to be a legit relationship.

Edited by jaejayC
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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