Father in lawn and brother inlaw

[tjnielsen 2]

hello i am trying to find some information on how to go about bring my wife's Dad and her Brother to the US. I know i need to file a I-130 for her dad and that he is eligible to come to the US. however i am confused how to bring her brother up with his dad. the brother is 16 years old. if anyone can help me out here or point me in the right direction it would be good.

[apple21 953]

Is your wife a US citizen already?

[tjnielsen 2]

No she is not a Citizen yet this is assuming that she does become one. i am working on those papers right now. Just looking for info that i can start reading and studying on.

[PK and PK 13]

hello i am trying to find some information on how to go about bring my wife's Dad and her Brother to the US. I know i need to file a I-130 for her dad and that he is eligible to come to the US. however i am confused how to bring her brother up with his dad. the brother is 16 years old. if anyone can help me out here or point me in the right direction it would be good.

Only if your wife an USC already? The father will be IR-5 which is fairly quick. If she wants to sponsor her brother, that is an F4 preference and years to move over. Another option is the father moves here first and applies for F2 visa for the son. By that time, if the son is under 21, the process will be quicker and take maybe 2 years.

You can see the different famlily visa categories here: http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html

The processing time can be estimates from following link: http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-april-2015.html

By my own estimates, it will take 25 years for her to sponsor her brother directly.

If her father can be brought here first and brother sponsored before he turns 21, that it will take 3 years.

If her father sponsors the brother after he turns 21, then it will take 12 years (assuming he doesn't marry before this.)

Edited May 4, 2015 by PK and PK

[tjnielsen 2]

Only if your wife an USC already? The father will be IR-5 which is fairly quick. If she wants to sponsor her brother, that is an F4 preference and years to move over. Another option is the father moves here first and applies for F2 visa for the son. By that time, if the son is under 21, the process will be quicker and take maybe 2 years.

ok i thought he would be able to ride up on his dads I-130. same as if my wife had a child or does it not work that way for father and brother?

[PK and PK 13]

Only if your wife an USC already? The father will be IR-5 which is fairly quick. If she wants to sponsor her brother, that is an F4 preference and years to move over. Another option is the father moves here first and applies for F2 visa for the son. By that time, if the son is under 21, the process will be quicker and take maybe 2 years.

ok i thought he would be able to ride up on his dads I-130. same as if my wife had a child or does it not work that way for father and brother?

An immediate relative visa cannot have a derivative petition. See last paragraph of http://www.alllaw.com/articles/nolo/us-immigration/derivative-status-for-family-members-immigrating-aliens.html

[tjnielsen 2]

okie dokie thank you very much for your help.