Pls help,Im confused! AOS I-864.

[mrs_grace 0]

Hi everyone,

I really need every one's say about this :-|

I have a pending I-130 pending for both my parents while waiting I have been contacting my friend whose been thru this and her parents are now here in the US. Anyways, she advise me to put my underage brother (19 yrs old/unmarried) on the AOS under my moms because she said that my brother can go coz his underage. The reason why she's saying this is because during her mom interview (US Embassy Philippines) the consular officer notice that she has (My friends mom) has a 19 years old son, so the officer ask her, why didnt they put his name coz he can go with her since his underage. And my friend even told me that she has hired a lawyer and the lawyer dont even know about this.

Anybody know about this? I mean, I would wanna do it, put my underage brother's name on the AOS of my mom if its not gonna hurt.

Thanks in advance everyone!

[aleful 1,905]

hi,

she could have understood wrong, or the officer was wrong, there are no derivatives in immediate relative petitions, siblings are filed separately

so no, that isn't possible

plus the AOS is per person, if your brother would have been able to come as well, the nvc would have requested you to send separate paperwork for him or her.

you cannot write your brother's name, you are not petitioning for him, and he would have a separate i864

now it would be different if you were filing for married siblings

[William.P 1]

You can put your brothers Name .

Hi everyone,

I really need every one's say about this :-|

I have a pending I-130 pending for both my parents while waiting I have been contacting my friend whose been thru this and her parents are now here in the US. Anyways, she advise me to put my underage brother (19 yrs old/unmarried) on the AOS under my moms because she said that my brother can go coz his underage. The reason why she's saying this is because during her mom interview (US Embassy Philippines) the consular officer notice that she has (My friends mom) has a 19 years old son, so the officer ask her, why didnt they put his name coz he can go with her since his underage. And my friend even told me that she has hired a lawyer and the lawyer dont even know about this.

Anybody know about this? I mean, I would wanna do it, put my underage brother's name on the AOS of my mom if its not gonna hurt.

Thanks in advance everyone!

[aleful 1,905]

You can put your brothers Name .

why?

she isn't filing for him, nor is she responsible for her brother, that is incorrect

[Ms.Sampaloc 0]

Hi everyone,

I really need every one's say about this :-|

I have a pending I-130 pending for both my parents while waiting I have been contacting my friend whose been thru this and her parents are now here in the US. Anyways, she advise me to put my underage brother (19 yrs old/unmarried) on the AOS under my moms because she said that my brother can go coz his underage. The reason why she's saying this is because during her mom interview (US Embassy Philippines) the consular officer notice that she has (My friends mom) has a 19 years old son, so the officer ask her, why didnt they put his name coz he can go with her since his underage. And my friend even told me that she has hired a lawyer and the lawyer dont even know about this.

Anybody know about this? I mean, I would wanna do it, put my underage brother's name on the AOS of my mom if its not gonna hurt.

Thanks in advance everyone!

[Ms.Sampaloc 0]

You can put your brother's name.

[KayDeeCee 4,896]

You can put your brothers Name .

Sure, she CAN, but why would she do that? It would be incorrect. Her brother is not part of her household size for the affidavit of support and he is not eligible to be a derivative of the parent's visa. She would need to file a separate I-130 petition for her sibling or wait until the parent is a permanent resident and have them file for their child.

[Ms.Sampaloc 0]

Sure, she CAN, but why would she do that? It would be incorrect. Her brother is not part of her household size for the affidavit of support and he is not eligible to be a derivative of the parent's visa. She would need to file a separate I-130 petition for her sibling or wait until the parent is a permanent resident and have them file for their child.

She has to, because in case the mom will petition the brother, they will validate it with the old file/petition she had with the sister.

[aaron2020 11,651]

She has to, because in case the mom will petition the brother, they will validate it with the old file/petition she had with the sister.

How is mom going to file for the brother when she is not a green card holder?

The I-864 counts only the petitioner's household and the intending immigrant.

This is not the same as listing all children. On the I-130.

You are giving bad advice.

[KayDeeCee 4,896]

She has to, because in case the mom will petition the brother, they will validate it with the old file/petition she had with the sister.

No, she does not have to. The brother has not been petitioned for and he is NOT part of the sister's household. He is NOT included on the I-864 affidavit of support form she fills out for either parent.