Filling for mother and brother.

[Kru 0]

Hello everyone, Thanks for the great info on this site.

I have few question.

I am US Citizen 21+. I have mother and a brother in India. My brother is 21+, and we both have same father and mother. What is the fastest way for both of them to immigrant to US.

I know i can petition for my mother by filling out the I-130, but can my brother also come with my mother as well, or does he have to file separately since he is 21+.

Thanks for your help, let me know if i need to clear up any information.

[apple21 953]

You file i-130 for mom. It will take less than a year to complete. Brother cannot immigrate with mom as mom's derivative because derivatives are not allowed for immediate relatives of US citizens. Separate petitions has to be filed for each immediate relative.

You have 2 options for your brother.

1. After mom receives her green card, she files i-130 for son. Son will be under F2B category (Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents). Waiting time for F2B India is around 8 YEARS. Son has to maintain his unmarried status during the whole F2B process. If he marries, he will be transferred to the F3 category (Married Sons and Daughters of U.S. Citizens) wherein mom has to Naturalize first then file a new petition with a new (and longer) waiting time of 10 YEARS.

2. You file i-130 for brother. Brother will be under F4 (Brothers and Sisters of Adult U.S. Citizens). Waiting time for F4 India is around 11 YEARS.

If you do #1, you can be mom's co-sponsor.

[aaron2020 11,651]

You file i-130 for mom. It will take less than a year to complete. Brother cannot immigrate with mom as mom's derivative because derivatives are not allowed for immediate relatives of US citizens. Separate petitions has to be filed for each immediate relative.

You have 2 options for your brother.

1. After mom receives her green card, she files i-130 for son. Son will be under F2B category (Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents). Waiting time for F2B India is around 8 YEARS. Son has to maintain his unmarried status during the whole F2B process. If he marries, he will be transferred to the F3 category (Married Sons and Daughters of U.S. Citizens) wherein mom has to Naturalize first then file a new petition with a new (and longer) waiting time of 10 YEARS.

2. You file i-130 for brother. Brother will be under F4 (Brothers and Sisters of Adult U.S. Citizens). Waiting time for F4 India is around 11 YEARS.

If you do #1, you can be mom's co-sponsor.

Option 3 - do both option 1 & option 2. A beneficiary can have multiple petitions. Better to have two paths to the US rather than one. If one path is lost, there is a second path.

[Kru 0]

apple and aaron thanks for the info. I have one last question.

I will file for my mother I-130, and at the same time file for my brother as well. so both option 1 and 2.

My next scenario is that if i file for my brother and what if he gets married or have kids? Can they be added to that file or do i have petition again.

Edited December 24, 2012 by Kru

[aleful 1,905]

apple and aaron thanks for the info. I have one last question.

I will file for my mother I-130, and at the same time file for my brother as well. so both option 1 and 2.

My next scenario is that if i file for my brother and what if he gets married or have kids? Can they be added to that file or do i have petition again.

he can add them. siblings can be single or married.

[Kru 0]

he can add them. siblings can be single or married.

Ok Thanks for the info. So once he gets married or have kids i will just have to add them. Is there specific form for it?

Thanks Everyone.

[aleful 1,905]

Ok Thanks for the info. So once he gets married or have kids i will just have to add them. Is there specific form for it?

Thanks Everyone.

no, once the i130 is approved, it will be sent to the National Visa Center will it will sit until his priority date will become current. he will have a case number. you can call or write to the NVC with case number and copies of documents, such as birth certificates or marriage certificate.

[Kru 0]

no, once the i130 is approved, it will be sent to the National Visa Center will it will sit until his priority date will become current. he will have a case number. you can call or write to the NVC with case number and copies of documents, such as birth certificates or marriage certificate.

Thanks Again.

[aaron2020 11,651]

apple and aaron thanks for the info. I have one last question.

I will file for my mother I-130, and at the same time file for my brother as well. so both option 1 and 2.

My next scenario is that if i file for my brother and what if he gets married or have kids? Can they be added to that file or do i have petition again.

On the petition you file (USC petitioning for a sibling), your brother can get marry an add his wife and children to the petition.

In the petition filed by your mother (LPR petitions an inmarried son over 21), marriage voids the petition. An LPR can never have a petition for a married child, so the petition becomes invalid upon marriage.

[NigeriaorBust 4,087]

Actually your brother can be married or single when you file for him as a sibling. Only US citizens can file for married children.