I-130 for birth mother and minor brother, same priority?

[neualex 0]

Hi folks,

My wife just became a US citizen and we plan to bring her birth mother and her minor brother.

His brother is with the same mother, but different father. The father does not wish to come to the US yet.

When applying for her mother, do we need to submit 2 I-130 forms or just one with the mother info as the primary applicant?

Most importantly, when applying for her mother, does her brother get the same visa priority as her mother?

They both live in Peru.

I appreciate your feedback on this.

Thanks,

...Alex

[Penguin_ie 5,997]

Unfortunately, no. It will take a year for the mother to get a visa, but many years (currently around 12) for a brother; him being a minor is irrelevant.

It would be quicker for your wife to petition her mother only, then as soon as the mother is in the USA, she can petition her son.

BTW, you say "birth mother" it may just be an odd choice of words, but was your wife legally adopted into another family? If so, she cannot petition her birth mother at all.

[neualex 0]

Thank you for your prompt response!

Good point on "birth mother", she is not adopted.