HELP ! 12 years BROTHER ON PARENTS I-130 FORM ??

[Stellafrenchie 0]

Hey VJ members !

I am very confused about our 12 years son's situation.

Our daughter is about to file I-130 forms for us, her parents.

We DO know that normally our son (her 12 years brother) needs his own I-130 application,

through our daughter petition (which will take years to get a visa) or through us (once we become LPR),

which would mean leaving our son in France, what is impossible.

Someone working at USCIS told us to put him on both parents' I-130 forms.

Also, this is what I found on another forum : "According to immigration officer that I talked to earlier today,

my brother, 18 years old,as minor child will get his immigrant visa (90% chance) along with parents.

You don't have to do anything else, you have filled out I-130 forms for your parents

and some where in that form you have mentioned your sister and other members of family, that is all you have to do.

In packet 3, your parents will indicate that your minor sister is going along and then it is up to consular to decide about her visa.

Again, I was told he or she has a 90% chance of getting IV because of parents"

.

We really don't know what to think about our chance to get a visa for our son, along with ours.

Has anyone experienced such a situation ? and what was the solution ?

Thank you for your answers

Stella

Edited February 20, 2014 by Stellafrenchie

[aleful 1,905]

hi

unfortunately a lot of immigration workers have no clue about immigration, derivatives are only for spouses and children of LPR not parents of a USC, or married siblings or married children of a USC, where derivatives are permitted

yes, you have to put him for information purposes, but there are no derivatives on parents petitions, they are considered immediate relatives

so the person misinformed you and gave you high hopes for nothing. so they will have to consider who are they going to leave him with if both parents come, since he will not be coming

she can petition for one of the parents and then when the parent comes, as a LPR he can file for spouse and child

siblings are petitioned separately

so, not true

sorry

Edited February 20, 2014 by aleful

[Stellafrenchie 0]

Thank you Aleful for your answer

Stella

[NigeriaorBust 4,087]

What most families do in this case is that your daughter petitions for one of you, ( the father maybe ) and that parent immigrates and then files for spouse and child . That way one parent stays behind with the child and that parent and child immigrate together. The LPR parent can travel and visit once they have entered the US and gotten their green card.

[Stellafrenchie 0]

" The LPR parent can travel and visit once they have entered the US and gotten their green card. "

Thank you ! I know this option.

Sorry, but I don't understand this part of your answer

[aaron2020 11,651]

Hey VJ members !

I am very confused about our 12 years son's situation.

Our daughter is about to file I-130 forms for us, her parents.

We DO know that normally our son (her 12 years brother) needs his own I-130 application,

through our daughter petition (which will take years to get a visa) or through us (once we become LPR),

which would mean leaving our son in France, what is impossible.

Someone working at USCIS told us to put him on both parents' I-130 forms.

Also, this is what I found on another forum : "According to immigration officer that I talked to earlier today,

my brother, 18 years old,as minor child will get his immigrant visa (90% chance) along with parents.

You don't have to do anything else, you have filled out I-130 forms for your parents

and some where in that form you have mentioned your sister and other members of family, that is all you have to do.

In packet 3, your parents will indicate that your minor sister is going along and then it is up to consular to decide about her visa.

Again, I was told he or she has a 90% chance of getting IV because of parents"

.

We really don't know what to think about our chance to get a visa for our son, along with ours.

Has anyone experienced such a situation ? and what was the solution ?

Thank you for your answers

Stella

Many families have this situation. (Search this forum for many examples.)

What you posted is completely inaccurate.

When a US citizen petitions for a parent, only the parent gets a visa.

The most common solution is for one parent to immigrate first while the other parent remains behind to provide child care.

The parent who immigrates first then files for his/her spouse and child. This will take several years.

Edited February 20, 2014 by aaron2020