Jump to content
aimar10

Sponsoring brother and tourist visa

By aimar10 in Bringing Family Members of US Citizens to America

 Share

12 posts in this topic

Recommended Posts

aimar10 Explorer

aimar10   7

Posted
Filed: Citizen (apr) Country: Nepal
 Timeline
Posted

Hello,

I'm a US citizen and I'd like to sponsor/apply for my brother's I-485. I've got a couple questions about it.

1. He is currently visiting the US (tourist visa). If I were to apply for I-485 after he returns home from his current trip, will he be barred from entering the US?

2. This is a question for visitors, I suppose. How long of a gap should there be between his trip back home and trip back to the US? Is it true that he will need to wait for 6 months to take another trip to the US?

Thank you.

Link to comment
Share on other sites
JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Your brother cannot adjust his status like this. You need to file an I-130 petition and wait around 13-15 years for a visa to become available for him. During that time he can continue to visit subject to the usual requirements (no work, no study). He will only be able to visit, not use a visitor visa to live there in installments. Frequent and/or lengthy trips are likely to arouse suspicion that he's not visiting but living in the USA illegally and taking short visits back home.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Hello,

I'm a US citizen and I'd like to sponsor/apply for my brother's I-485. I've got a couple questions about it.

1. He is currently visiting the US (tourist visa). If I were to apply for I-485 after he returns home from his current trip, will he be barred from entering the US?

2. This is a question for visitors, I suppose. How long of a gap should there be between his trip back home and trip back to the US? Is it true that he will need to wait for 6 months to take another trip to the US?

Thank you.

Hi.

1. You can not file an I-485 for your brother. The immigration system does not work that way. You need to file an I-130 and it will be 12-14 years before he will be eligible for an immigration visa or green card. Filing the I-130 does not give him any rights to live in the US. He must wait his turn like the brothers and sisters of other US citizens who would be in line ahead of him. Filing the I-130 does not affect his visitor visa. If you file the I-485, his visitor visa will be revoked since he is not eligible to file an I-485.

2. The visitor visa is for visiting. It's not for brief trips abroad and de facto living in the US. There is no 6 months that he needs to wait for another trip. However, if it's deemed that he is abusing his visitor visa to live in the US, he will lose his visitor visa. It will be hard for him to explain how he can stay 6 months in the US every year.

Link to comment
Share on other sites
JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Also you don't have to wait for him to leave the country to start the process with the I-130. Since you're in for a very long wait, you may as well do it now.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites
aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

hi

as others have said, he doesn't qualify to adjust status in the us, the wait is over 12 years, and he cannot illegally stay and wait for the interview in the US

he will go through consular processing in his country after all those years and he must wait in his country all those years

he can visit if granted a tourist visa, but never overstay

Link to comment
Share on other sites
aimar10 Explorer

aimar10   7

Posted
Filed: Citizen (apr) Country: Nepal
 Timeline
  • Author
Posted

Thanks guys. Apologies on my part for the ignorance. I was talking abt I-130, not I-445. I have a business and I've sponsored him for his trip (he lives and stays with me and also travels around the US to visit other friends and family).


I'm not really concerned about the wait time.

I just want to make sure he won't be barred to return back and visit me once I file his I-130. He plans to return home in June and come back to the US in August or so.

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,515

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

When did he arrive?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,515

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

How long does he wish to visit if he comes in August?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

he lives and stays with me

Lives? He can't live there on a tourist visa. How many months of the year is he in the US and how many in his home country? He needs to be out more than in.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites
marianath Explorer

marianath   27

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Filing for I-130 will not jeopardize his current Tourist Visa.

BUT

If he frequently travels to the USA with his Tourist Visa and stays here longer than he stays back home then CBP might question him on his next entry.

Tourist Visa = TOURIST...visiting...travelling here to TOUR....

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...