Additional petitioner, change time frame?

[jc-111 0]

I have a complicated / confusing case, and hoping to get some advice on the best route to take.

A few years ago, my husband and I (both US citizens) successfully petitioned and sponsored to bring his mother to the US. She is currently residing in the US on a GC. We now want to try to bring his brother as well (over 21, not married). My husband's sister (US citizen) originally filed the petition i-130 about 4-5 years ago, and just recently received info that they needed more info. However, her situation is now changed - she got divorced and is not financially capable of sponsoring him anymore. However we do not want to lose the place in the process by starting over again and having to wait years to hear back.

So the questions are:

1) We know we cannot change the petitioner, but we can file another petition. Do we stop the original petition? Will we lose our place in line if we do stop it or does he keep the same number?

2) Can we continue with sister's petition but choose us to be the sponsors since we are financially capable?

3) If we are already sponsoring someone (husband's mom), can we sponsor someone else as well?

4) Would it be faster or change the speed of the application if we had the mother (non-resident, GC) file for him? Does the preference increase?

I hope i included everything needed, otherwise I will add if questions arise. Just looking for the best way to approach this to save time and not have to start the process all over again! Thank you!

[Hypnos 6,578]

1) A beneficiary can have multiple petitions filed on their behalf; one will not affect any of the others.

2) Yes. She would still need to file an affidavit of support when the time came, but you would be able to be joint sponsors if her income was insufficient.

3) Yes, but it's an additional person for the affidavit of support, i.e. your household size would be determined by 2 (you + spouse) + minor children + anyone you have previously sponsored (your husband's mother = 1) + another intending immigrant. Each extra person raises the required income level.

4) The brother probably has a wait time of another 7 - 8 years based on the petition by your husband's sister. If the LPR mother were to petition for the brother, it would be under the F2B category and would have a wait time of approximately 7 years. If it's going to shave time off it would probably just be a few months at the most, and there's no guarantee it would shorten the time at all. It's up to you whether you think it's worth it to do that.

[aleful 1,905]

hi

you don't need to file another petition, but that's an option, you can be her joint sponsor if she doesn't make enough in about 7 or 8 years from now. who knows what her financial situation will be at that time

her petition will be ahead of your husband's, since the wait is around 12 years or a little bit more

a person can have more than one petition at the same time

as long as you make enough income to cover everyone, then he can be her joint sponsor, and probably his mom will be a USC at that time and he won't be responsible for her

if his mom files for him, the wait Is over 7 years, and he cannot marry until his mother becomes a USC

[jc-111 0]

Thanks for the replies.

One more question. If husband's mom becomes USC (eligible in the next year or so), will that drastically decrease the wait time if she submits new petition as USC?

[aaron2020 11,651]

Thanks for the replies.

One more question. If husband's mom becomes USC (eligible in the next year or so), will that drastically decrease the wait time if she submits new petition as USC?

Hi,

No. A new petition would not be quicker.

Mom can upgrade the current petition to the F1 family preference when she becomes a USC. If the F2b category is faster, then there is the option to keep it.