Petition for Father, Step Mom, and two half brothers

[dd4163 0]

Hello, just like the title states, I'm researching the possibility of petitioning for father, step mother, and two half-brothers. My father and step mother got married after I was 18. One half-brother (Age 12) was from a previous marriage, and the other half-brother (Age-3) is from the current marriage. I was born and live in the US. I have a clean record and I make $100k a year. What would be the best way to go about this?

Do I file separate I-130 forms for my father and half brothers? Is there anything I can do to help my step mother? If not, would my father have to petition for my step mother once he gets permanent residence status? How soon after he gets residence status can he petition for his wife?

Last question, what legal risks or liabilities am I exposed to for petitioning for my father and his family?

Thank you!

[carL♥tRin 1]

Hello, just like the title states, I'm researching the possibility of petitioning for father, step mother, and two half-brothers. My father and step mother got married after I was 18. One half-brother (Age 12) was from a previous marriage, and the other half-brother (Age-3) is from the current marriage. I was born and live in the US. I have a clean record and I make $100k a year. What would be the best way to go about this?

Do I file separate I-130 forms for my father and half brothers? Is there anything I can do to help my step mother? If not, would my father have to petition for my step mother once he gets permanent residence status? How soon after he gets residence status can he petition for his wife?

Last question, what legal risks or liabilities am I exposed to for petitioning for my father and his family?

Thank you!

You can file I-130 form for your father, and when he becomes LPR, he can file a petition to bring his wife and kids. Your father can petiton as soon as he gets his green card.

Edited March 7, 2013 by carL♥tRin

[dd4163 0]

You can file I-130 form for your father, and when he becomes LPR, he can file a petition to bring his wife and kids.

What's LPR? If I file for my father and he gets approved 6-12 months later, will his wife and children have to go through whole approval process and wait another 6-12 months after my father gets approved?

What about legal risks and liabilities? Would I only be responsible for my father? If so, under what circumstances?

[HappyKnappy 30]

dd4163: From what I read, the response by the other poster is correct. You would need to file a petition for your dad, and you may also be able to petition for your half brothers. The exception for your stepmom stems from the requirement that in order for you to be able to do a petition for a step parent, your dad would have had to marry her before you turned 18.

So, for this one, your dad would need to file the petition for her once he is granted LPR status.

EDIT: LPR is Legal Permanent Resident.

SOURCE

As far as your responsibilities, you are held accountable for supporting them, and also may be liable for any public assistance they may get. I would suggest reading this to get the whole picture.

Edited March 7, 2013 by HappyKnappy

[HappyKnappy 30]

Ugh, sorry. Please check this out, so you get familiarized with your responsibilities as the petitioner.

[dd4163 0]

Gotcha... I think both of you are correct. If this is in fact how we must proceed, will my father's wife and children have to go through the normal application process and wait once my father files for them? I'm just trying to gauge if they will be separated for 6-12 months while my father is in the U.S. filing for them. Since my father would be the one filing for his wife and kids, does that mean I'm only legally responsible for my father and not his family?

Thanks!

[LIFE'SJOURNEY 970]

They will be seperate for 2 to 3 years. Your father will be a LPR, and the wait is a 2 to 3 years for a visa to be avavilable for spouse and children.

[carL♥tRin 1]

Since my father would be the one filing for his wife and kids, does that mean I'm only legally responsible for my father and not his family?

Thanks!

Yes. And your father will also need to file the AOS(affidavit of support) during the process of his petition for the wife and kids. Assuming that he will be able to secure a job once he become a LPR.

[HappyKnappy 30]

Gotcha... I think both of you are correct. If this is in fact how we must proceed, will my father's wife and children have to go through the normal application process and wait once my father files for them? I'm just trying to gauge if they will be separated for 6-12 months while my father is in the U.S. filing for them. Since my father would be the one filing for his wife and kids, does that mean I'm only legally responsible for my father and not his family?

Thanks!

If the 2 kids are your blood relatives (you have the same dad), you can apply for them as well. And technically, yes, you are responsible for the relatives that you bring in (see second link I posted). But, once your dad is a LPR, and can bring his wife, he will be responsible for her...thus putting you on the hook by association if you catch my drift.

Also, your dad's visa won't take as much as his petition for your stepmom will, because citizen petitions vs. LPR petitions do have different wait times (citizens have higher priority).

Edited March 7, 2013 by HappyKnappy

[NigeriaorBust 4,087]

If you apply for your brothers not matter what age the wait for a visa is 12 years

[dd4163 0]

If the 2 kids are your blood relatives (you have the same dad), you can apply for them as well. And technically, yes, you are responsible for the relatives that you bring in (see second link I posted). But, once your dad is a LPR, and can bring his wife, he will be responsible for her...thus putting you on the hook by association if you catch my drift.

Also, your dad's visa won't take as much as his petition for your stepmom will, because citizen petitions vs. LPR petitions do have different wait times (citizens have higher priority).

My dad is the biological father for the two kids (and myself of course), so yes we're blood relatives. So my understanding thus far is that I will file for my dad and two half brothers, this should take 6 to 12 months. Once my dad becomes a LPR and gets his green card, he can then file for his wife. How long does that process normally take? His wife is the biological mother for one of my half brothers, will this be a problem since I'm only filing for my brother and not her? I'm just wondering if immigration won't approve the petition of the mother isn't part of it.

[let-it-be 36]

My dad is the biological father for the two kids (and myself of course), so yes we're blood relatives. So my understanding thus far is that I will file for my dad and two half brothers, this should take 6 to 12 months. Once my dad becomes a LPR and gets his green card, he can then file for his wife. How long does that process normally take? His wife is the biological mother for one of my half brothers, will this be a problem since I'm only filing for my brother and not her? I'm just wondering if immigration won't approve the petition of the mother isn't part of it.

You (US citizen) petition your dad will take 6- 12 months.

Once dad becomes LPR. Dad petitions his sons (your half brothers) it will take 2-3 years. He petitions for his wife ( your step-mother) takes 2-3 years as well.

If you petition for your half-brothers, it will take 12 years.

Edited March 8, 2013 by let-it-be

[dd4163 0]

You (US citizen) petition your dad will take 6- 12 months.

Once dad becomes LPR. Dad petitions his sons (your half brothers) it will take 2-3 years. He petitions for his wife ( your step-mother) takes 2-3 years as well.

If you petition for your half-brothers, it will take 12 years.

Does the fact that both my half brothers are minors (12 & 3 years old) change any of the above? I know there isn't much I can do for my dad's wife, but is there anything that can be done so that I can get both my dad and brothers residency at same time? I heard that if I file for my dad, that once he gets approved he can also include and expedite his children so that they are allowed into the U.S. at the same time.

Edited March 8, 2013 by dd4163

[apple21 953]

Does the fact that both my half brothers are minors (12 & 3 years old) change any of the above? I know there isn't much I can do for my dad's wife, but is there anything that can be done so that I can get both my dad and brothers residency at same time? I heard that if I file for my dad, that once he gets approved he can also include and expedite his children so that they are allowed into the U.S. at the same time.

No, US citizens petitioning for siblings (regardless of age) will take a long time. They cannot immigrate as fast as your dad can because derivatives are not allowed in the IR categories. You have to file separately for your dad and 2 brothers. From country are they?

You already got the right advice. Petition your dad, dad immigrates, dad files for wife and kids, wife and kids wait 2-3 years to immigrate.

Edited March 8, 2013 by apple21

[kd6673 0]

let me reiterate what your situation is just to see if i understand them.

1) your father married your stepmom after your age 18.

2) you've got two half-brothers from your stepmom.

*** one is from your stepmom's previous marriage which is 12 years old, which is not your blood relative.

*** another one is your father's and stepmom son, which is a blood relative.

from my understanding regarding with USCIS ruling that:

You can only file for IR5 petition for your father. you cannot file for your stepmom because her marriage to your father took place after your 18th birthday.

When your dad becomes greencard holder or US citizen then he can file for your stepmom.

With regards to how long it will take for your stepmom to get into the US through your dad, I only got info about bringing your stepmom after your father becomes a US

citizen. I don't have info how long is a permanent resident petition.

From the time your father arrives there it will take 5 years to get his citizenship then he can already apply for your stepmom. when your father's already a citizen.

He can file an IR1 petition for your stepmom together with your blood relative half brother if your blood relative half brother is below 21 years old and still single at the time

of arrival to the US. Your other half brother which is not your blood relative however should be applied by your stepmom after your stepmom got her greencard or

becomes US citizen. just search for whatever application will be faster.

Therefore, your father must go first then your father will apply for your stepmom & your blood relative minor & single half brother, then your stepmom will apply for his son.

you might want to take a look at the url below for detailed info. hope i was able to help you.

http://www.uscis.gov/files/form/i-130instr.pdf