Family members of siblings

[Keith & Xiang 0]

My wife had recently obtained her U.S. citizenship and would like to submit the I-130 to bring her brother to the United States. Is it possible to also submit for his wife and 12 year old son to come to the United States with him? The intent is to not break up a family but to keep the family together.

Thank you,

Keith

[Harpa Timsah 13,258]

Yes, the family will be derivatives on the petition. The wait is 10-12 years for all of them.

[Keith & Xiang 0]

Yes, the family will be derivatives on the petition. The wait is 10-12 years for all of them.

I believe that the cost for the I-130 is $430, will my wife be required to pay $430 per person listed on the form or just the straight up $430?

Thanks again,

Keith

[Mike and Lily 13]

I believe that the cost for the I-130 is $430, will my wife be required to pay $430 per person listed on the form or just the straight up $430?

Thanks again,

Keith

It seems the answer is "Just the $430". What I don't know is if the 12 year old will still be eligible because he/she may age out.

Following-to-Join Benefits

This section is for beneficiaries who became permanent residents through a preference classification.

If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa.

Your spouse and/or children may be eligible for following-to-join benefits if:

• The relationship existed at the time you became a permanent resident and still exists, AND
• You received an immigrant visa or adjusted status in a preference category

If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

• <LI sizcache="32" sizset="23">A completed

Form I-824, Application for Action on an Approved Application or PetitionA copy of the original application or petition that you used to apply for immigrant statusA copy of Form I-797, Notice of Action, for the original application or petitionA copy of your Form I-551 (green card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your spouse and/or child overseas with your Form I-485. When concurrently filing Form I-824, it does not require any supporting documentation.

If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Send your inquiry by e-mail to NVCInquiry@state.gov or by writing to the National Visa Center, ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.

Edited August 2, 2012 by Mike and Lily

[Harpa Timsah 13,258]

I believe that the cost for the I-130 is $430, will my wife be required to pay $430 per person listed on the form or just the straight up $430?

Thanks again,

Keith

I-130 is $420 now. They will be all on the same I-130 petition as derivatives. It's all in the instructions. The child might have a problem with aging out, but you have 10 years or so to figure out what laws to protect status will be applicable.

[Hypnos 6,578]

Unfortunately the law regarding derivative beneficiaries of an I-130 and aging out is far from settled: http://www.us-immigr...-protection-act

Right now it seems if you live in the Fifth Circuit (Florida, Georgia, Alabama, Mississippi, Louisiana, and Texas) a child will not age-out and can immigrate through a parent's I-130 petition as a derivative even if they are over 21. If you reside in another state, they cannot.

Court cases regarding this issue will probably continue for some time.

Edited August 2, 2012 by Hypnos

[JimVaPhuong 4,863]

Unfortunately the law regarding derivative beneficiaries of an I-130 and aging out is far from settled: http://www.us-immigr...-protection-act

Right now it seems if you live in the Fifth Circuit (Florida, Georgia, Alabama, Mississippi, Louisiana, and Texas) a child will not age-out and can immigrate through a parent's I-130 petition as a derivative even if they are over 21. If you reside in another state, they cannot.

Court cases regarding this issue will probably continue for some time.

Both cases were about priority date retention. The 9th circuit concluded that priority date retention applied exclusively to the F2B category when automatic conversion applies, which is the interpretation that USCIS uses. The 5th circuit concluded that priority date retention applied to derivative beneficiaries in all family preference categories, even if there is no automatic conversion. Neither of these cases has resulted in any substantive policy change at either USCIS or Department of State. The only way to derive any benefit from either case would be to likewise file a suit in a federal court of appeals.

The attorney is correct that the Supreme Court will ultimately decide which district appeals court was correct. He's wrong that a case involving a petitioner in the 5th circuit will be handled any differently. Department of State is solely responsible for issuing visa numbers, and they don't base their decision on the circuit court district the petitioner lives in. The attorney is basing that opinion on the fact that USCIS field offices often institute policies based on decisions in federal district appeals courts where the field office is located, but that's because USCIS field offices operate locally. Department of State and NVC operate nationally - they aren't influenced by a decision from a single district appeals court.

[bigdog 376]

This will not be fast.

[cyclone1 0]

Hi dear group members,

I have recently joined this forum and studied most parts of F4 category. really valuable information in this Forum, Congratulations to all.

My case:

I am derivative of my wife(who is the principal beneficiary of F4 category, her case is now at NVC). We have married 2 years ago, my wife has not informed NVC on her marriage. A couple of months ago, she received IV fee bill invoice in which my name was not included(because NVC was not aware of me)

my Questions:

1-How can we include my name for IV fee bill invoice? does that affect the process of visa processing for my wife?

2-Is it necessary to inform NVC? I ask this question because I have heard from a lawyer that we can go to the interview together having marriage certificate and simultaneously apply for visa.

[Keith & Xiang 0]

I-130 is $420 now. They will be all on the same I-130 petition as derivatives. It's all in the instructions. The child might have a problem with aging out, but you have 10 years or so to figure out what laws to protect status will be applicable.

Thank you all. How much income will I have to show proof for a total of 12 family members, wanting to petition 7 family members to come to the United States?

Thank you,

Keith & Xiang

[NigeriaorBust 4,087]

It will take 10 years for them to have a current priority date. My guess by that time would be about 110K

[Keith & Xiang 0]

It will take 10 years for them to have a current priority date. My guess by that time would be about 110K

The poverty guidelines state $48,612 for Sponsor's Household Size, $4,950 for each additional person, so shouldn't I have to show an income of $68,412 for a total household size of 12?

Thanks,

Keith & Xiang

[LIFE'SJOURNEY 970]

That for 2012, add inflation of 3.9 per year for each year for the 2022, as the other poster stated the number maybe in the $100.000.

[Anh map 2,098]

The poverty guidelines state $48,612 for Sponsor's Household Size, $4,950 for each additional person, so shouldn't I have to show an income of $68,412 for a total household size of 12?

Thanks,

Keith & Xiang

Plus whatever inflation does to the number by the time that the petitions are current.

[Keith & Xiang 0]

Plus whatever inflation does to the number by the time that the petitions are current.

But for filing the forms now, I only need to reflect $68,412. Am I right about that figure, filing the paperwork in the next week or two?

Thanks,

Keith & Xiang