USC brother petitioning brother and brothers spouse

[selinaxx89 4]

Hi Everyone!

My aunt claims that her husband’s brother petitioned for him and for her. I have heard of a USC petitioning for their brother … but a USC can also petition their sister in law?

They haven’t gotten anywhere with the current process through the brother and were thinking now that their daughter is 21 she can petition them. That they can some how switch who is petitioning for them and somehow speed up the process to have their USC daughter petition her parents. Does anyone have any information on this?

Thanks for any help!

[iamwhatiam80 92]

Is the daughter a US citizen ? Then Yes.

The spouse and children under 21 of the primary beneficiary tag along on the same petition. So in that way the sister in law also got eligible.

Edited March 15, 2016 by iamwhatiam80

[akihon 129]

The more likely scenario is that your uncle petitioned for his brother, and then his brother petitioned for his wife.

It will generally be faster if their daughter petitions for them, as parents of a USC take priority over a sibling.

If they want her to petition, they will probably have to withdraw their current petition.

Edited March 15, 2016 by akihon

[selinaxx89 4]

Yes, the daughter is a USC. Ok, it makes sense how the sister in law was eligible. She must have been tagging along off of her husband who was the primary beneficiary.

Does anyone know the process of the withdrawal of the current filing so that we can have the USC daughter apply?

The form for the USC daughter to file for her parents would be the I130 I assume? and it's one for each parent and the documents required.

Thanks friends!!!

Is the daughter a US citizen ? Then Yes.

The spouse and children under 21 of the primary beneficiary tag along on the same petition. So in that way the sister in law also got eligible.

The more likely scenario is that your uncle petitioned for his brother, and then his brother petitioned for his wife.

It will generally be faster if their daughter petitions for them, as parents of a USC take priority over a sibling.

If they want her to petition, they will probably have to withdraw their current petition.