FORM I-864 ABOUT MY MOM AND MY SIBLING

[SARAH2012 0]

HI GUYS I AM FILLING FORM I-864 FOR MY MOMMY.I AM USA CITIZEN AND I HAVE 2 SIBLING AGE UNDER 21 I WILL BE SPONSOR FOR THEM TO WITH MY MOMMY

MY QUESTION ABOUT FORM I-864

PART 3

THERE ARE 2 SECTION

I WILL SELECT I AM SPONSORING THE FOLLOWING FAMILY MEMBERS IMMIGRATION AT TE SAME TIME...ETC RIGHT??

IF I WILL SELECT THIS SECTION MY SIBLING CAN HAVE GREEN CARD FROM MY MOM RIGHT?BECAUSE I SPONSORING ALL FAMILY MEMBERS IF SO DO I HAVE TO FILL I-30 FOR MY SIBLING

I THINK I DONT HAVE TO

I AM FILLING FIRST TIME I DO NOT AVE TO FILL FORM I-485 RIGHT?

AND MY MOM AND MY BROTHER CAME IN USA WITH VISITOR VISA MY SISTER IS NOT IN USA.IF THEY ACCEPT MY MOM WILL INTERVIEW IN USA WITH MY BROTHER WHAT ABOUT MY SISTER?SHE IS NOT HERE

I AM SO WORRY ABOUT MY FORMS BECAUSE I REALLY WANT MY SIBLING WITH MY MOM I DONT WANT DISAPPROVE I HAVE ONE MORE SPONSOR WITH ME ANY IDEA ? ANY RECOMMEND FOR ME?

THANK YOU

[NigeriaorBust 4,087]

You will file an I130 for each person. Your mother may get her visa in about a year from your petition , depending on where you are from your siblings will wait from 10 to 22 years to get a visa from your petition , they WILL NOT come with your mother. She can petition separately for them when she get here and they will come a few years after she arrives depending on their ages when the visa numbers come available. Your brother must leave before his visitors visa expires and wait in your home country for his visa.

Edited July 6, 2012 by NigeriaorBust

[JimVaPhuong 4,863]

Your mother qualifies as an immediate relative of a US citizen. She can adjust status in the US. You simultaneously file an I-130 and I-485 for her. The form and evidence needed are described in this guide:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

That guide is specifically about filing for a spouse, so ignore the stuff about evidence of a bona fide marriage. You just have to prove she's your biological mother. Most of the other forms and documents listed will be required, as well as fees for both the I-130 and I-485.

Your brother is in family preference category. You can file an I-130 for him, but he won't be eligible to adjust status. Immediate relatives only include spouse, minor unmarried children, and parents. It doesn't include siblings. He'll have to return to his home country and wait for a visa number to become available. That will take about 11 years, or 16 years if he's from Mexico, or 23 years if he's from the Philippines. You can also file an I-130 for your sister, but the situation is the same for her as it is for your brother.

It will be considerably faster if your mother files for them after she gets her green card. They would be able to get a visa within about two years of her filing the petitions, unless they happen to become 21 years old in the meantime.

Fill out the I-864 only for your mother. It will be a long time before you'll be able to sponsor your siblings.

[SARAH2012 0]

thank you very much guys i read it on USCIS website

What about my relative’s family?

In most cases, when your relative reaches the front of the line, your relative’s spouse and unmarried children under 21 years of age can join him or her by also applying for an immigrant visa. (If the family member is already in the United States, he or she may be able to file a Form I-485 applicatiON

IT SAYS THEY CAN JOIN

what that is mean?

[SARAH2012 0]

what i will select for my mom what is the application type for i-485

[aaron2020 11,651]

thank you very much guys i read it on USCIS website

What about my relative’s family?

In most cases, when your relative reaches the front of the line, your relative’s spouse and unmarried children under 21 years of age can join him or her by also applying for an immigrant visa. (If the family member is already in the United States, he or she may be able to file a Form I-485 applicatiON

IT SAYS THEY CAN JOIN

what that is mean?

There are different categories. Each category has its own rule.

When a USC petitions for a spouse, parent, or unmarried child under age 21, it is an Immediate Relative case. In Immediate Relative cases, only the person petition gets to immigrate. When you petition for your mom, it is as an Immediate Relative, and only she will get a visa. Immediate Relative cases only take 6-12 months.

When a USC petitions for a married child or a sibling, these are F3 and F4 family preference cases respectively. These cases take over 10 years. The US government does not expect these people to put their lives on hold for 10-23 years. It's unreasonable. The US allows these cases to include a spouse and unmarried children under age 21.

What apply to one group does not apply to another.

There is no way for your siblings to immigrate with your mother when you petition for her.

Read your own post - "in most cases" - it doesn't mean all cases. A case for your mother is one of the exception since she would be an Immediate Relative.

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Read this from USCIS; http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=5d893e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=5d893e4d77d73210VgnVCM100000082ca60aRCRD

Bringing Parents to Live in the United States as Permanent Residents

Eligibility

To petition for your parents (mother or father) to live in the United States as green card holders, you must be a U.S. citizen and at least 21 years old. Green card holders (permanent residents) may not petition to bring parents to live permanently in the United States.

The table below describes what steps you must take to petition depending upon your circumstances:

If you are a U.S. Citizen who is at least 21 years old, and your…

Then you must submit…

Mother lives outside the United States

A Form I-130

A copy of your birth certificate showing your name and your mother’s name

A copy of your Certificate of Naturalization or U.S. passport if you were not born in the United States

Father lives outside the United States

A Form I-130

A copy of your birth certificate showing your name and the names of both parents

A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States

A copy of your parents’ civil marriage certificate

Father lives outside the United States and you were born out of wedlock and were not legitimated by your father before your 18th birthday

A Form I-130

A copy of your birth certificate showing your name and your father's name

A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States

Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21, whichever came first

Father lives outside the United States and you were born out of wedlock and were legitimated by your father before your 18th birthday

A Form I-130

A copy of your birth certificate showing your name and your father's name

A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States

Evidence that you were legitimated before your 18th birthday through the marriage of your natural parents, the laws of your state or country (of birth or residence), or the laws of your father’s state or country (of birth or residence)

Petition is filed to bring your step-parent to live in the United States

A Form I-130

A copy of your birth certificate showing the names of your birth parents

A copy of the civil marriage certificate of your birth parent to your step-parent showing that the marriage occurred before your 18th birthday

A copy of any divorce decrees, death certificates, or annulment decrees to show that any previous marriage entered into by your natural or step-parent ended legally

Petition is filed to bring your adoptive parent to live in the United States

A Form I-130

A copy of your birth certificate

A copy of your Certificate of Naturalization or Citizenship if you were not born in the United States

A certified copy of the adoption certificate showing that the adoption took place before your 16th birthday

A statement showing the dates and places you have lived together with your parent

Note: If your name or your parent’s name has changed, please include proof of the legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.)

After Filing Your Petition

You will be notified by USCIS if your Form I-130 petition is approved or denied. If it is approved and your parent is outside the United States, he or she will be notified to go to the local U.S. consulate to complete visa processing.

If your parent is currently in the United States, he or she may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130. For additional information on how to file this application, see the “How Do I Customer Guides” link to the upper-right.

Employment Authorization (Work Permit)

Your parents do not need to apply for employment authorization (work permit) once they are admitted as an immigrant with their immigrant visa. If your parents are now outside the United States, they will receive a passport stamp upon arrival in the United States. This stamp will prove that they are allowed to work in the United States until their Permanent Resident Card is received.

If your parents are in the United States and have applied to adjust to permanent resident status by filing Form I-485, they are eligible to apply for employment and travel authorization while their case is pending. Your parents should use Form I-765, Application for Employment Authorization and Form I-131, Application for Travel Document, to apply for travel authorization. The fee for Form I-485 also covers Form I-765 and Form I-131 until a decision is made on the application to adjust status.

Note: If your parents have minor children abroad, those children (your siblings) cannot be sponsored on the same petition. See the “Bringing Siblings to Live in the United States as Permanent Residents” page for more information. After your parent becomes a permanent resident, he or she may file a new petition for any qualifying relative - see the “Family of Green Card Holders (Permanent Residents)” page for more on that.

My Petition was Denied: Can I Appeal?

If the visa petition you filed is denied, the denial letter will tell you how to appeal and how much time you have to file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals. For more information, see the “How Do I Customer Guides” section of the website.

Last updated: 04/04/2011

Edited July 6, 2012 by aaron2020

[SARAH2012 0]

my brother is registering public high school now how can i convert to student visa? thank you guys i am feeling so sad for them

[aaron2020 11,651]

my brother is registering public high school now how can i convert to student visa? thank you guys i am feeling so sad for them

Yes. You will have to pay tuition on a student visa. Do you have $10,000 a year to pay for his tuition? In addition, how are you going to prove that the child intends to return home after finishing school when the child is here illegally? These are big complications.

Public schools cannot deny an education to a child, even if the child is here illegally.

Being here illegally will hurt him big time. Once he turns 18, he starts accumulating days of unlawful presence. This complicates any petition that will be filed by you or his mother. In addition, he is going to have big problems getting into college. He will not be able to legally work or go to school after high school.

[NigeriaorBust 4,087]

You brother is not entitled to go to public high school for free. You must pay the school for him to attend. It is usually cheaper to send him to a private school. If he accepts public school for free he will be guilty of accepting benefits he is not entitled to and may not be able to get a visa later because he did this. Also he can't go to school on a visitors visa. He will be deportable which will give him a ban that would need a waiver. Just because you want your sibling to stay does not mean he gets to "sneak" in. The regular process is to file and wait 10 years. Student visas are rarely granted for high school and if so only for one year and then he has to leave. If he is already overstayed his visitors visa he probably won't get a student visa

[SARAH2012 0]

thanks guys i think i have to go consult for my bother I will pay for school.