Green card petition for parents and brother

[parkernolita 0]

Hi everyone,

This forum was a great help for me when I applied to adjust my status and when I applied for my citizenship, and I'm hoping someone here has some answers to my questions below.

I am filling out i-130 to petition for green cards for my parents and my brother and his family, 1 petition for my parents (2 people), and 1 petition for my brother and his family (5 people). My questions are:

1. I'm planning to use my address as the address where my parents will be in the US, but use another address for my brother and his family (my brother's close friend). Is that weird? Will the consulate raise questions because my brother and his family will not live with me?

2. Income adequacy: I need 125% of federal poverty guideline for the household?

3. Travel: this is the important one. According to my research it takes about 11 years for a visa number to be available for my brother and his family. Can they visit the US under a tourist Visa while they wait?

Thank you very much in advance.

Trang

[Boiler 46,270]

From a practical point of view, your timeline for your brother is extremely optimistic and addresses, income etc will be only relevant when they get to the head of the queue. And the people who can come with him will be assessed then, wife and children who have not aged out.

You will need to meet whatever income guidelines are in force then.

Having a petition in place does not preclude them visiting.

I thought Parents had individual petitions.

Edited May 13, 2016 by Boiler

[NigeriaorBust 4,087]

You need one petition for each relative. One for your father , one for your mother and one for your brother ( his family members will be included in that petition if they are still in the correct age ) Who knows where you will live when your brothers petition get to the front of the line. If they can get visitors visas they can visit.

[Unlockable 7,316]

1. One petition for each parent and one for your brother:

• Mother: ~ 1 year
• Father: ~ 1 year
• Brother: ~ 10 - 12 years

2. Include you complete household plus parents. If you have 3 members in your household you would have to include your parents that will make it 5. So 125% of a household of 5. In about a decade the same would have to be for your brother.

3. Yes, they can visit. However, they would have to apply for the tourist visa. Key points: Immigration MAY not issue a tourist visa if a standing IV is in place. Your brother and his family would still have to show good reasons to return. Also, sometimes immigration only issue visas to part of the family instead of all members. This is to ensure that they will return to their country.

If they get their tourist visas advise you brother and his family to NEVER overstay during visits. Otherwise it will jeopardize your petition for them.

Edited May 13, 2016 by NuestraUnion

[aaron2020 11,651]

Hi everyone,

This forum was a great help for me when I applied to adjust my status and when I applied for my citizenship, and I'm hoping someone here has some answers to my questions below.

I am filling out i-130 to petition for green cards for my parents and my brother and his family, 1 petition for my parents (2 people), and 1 petition for my brother and his family (5 people). My questions are:

1. I'm planning to use my address as the address where my parents will be in the US, but use another address for my brother and his family (my brother's close friend). Is that weird? Will the consulate raise questions because my brother and his family will not live with me?

2. Income adequacy: I need 125% of federal poverty guideline for the household?

3. Travel: this is the important one. According to my research it takes about 11 years for a visa number to be available for my brother and his family. Can they visit the US under a tourist Visa while they wait?

Thank you very much in advance.

Trang

Chao Em,

Your parents will need separate I-130 petitions. You can not use one petition for both of them.

It doesn't matter where you list your relatives intend to live. The consulate will not be involved in your brother's case for a very long time. This is not an issue.

You will need to meet the 125% poverty line for your household size when it comes time for your relatives to apply for visas. You don't need to meet it when you file the I-130 petitions.

Your brother and his family can apply for visitor visas while they wait.

[parkernolita 0]

Thank you all very much for your quick and helpful replies. I actually did not realize I needed a separate petition for my parents, and that the income and address factors only come into play when they are at the front of the queue, thank you for clearing that up.

I understand the wait is quite long for my brother and his family. 2 of his oldest kids already have student visas to come to the US for their high school and middle school starting this year, the fact that I file a petition that includes them shouldn't be a problem for their future student visa renewals right?

Thank you again!

[Boiler 46,270]

Sounds like the children will not be an issue, they will have aged out a long time before this comes to pass.

[Unlockable 7,316]

As long as they abide by the rules of their student visas they should be fine with renewals.

May want to look into the possibility of them aging out under the petition for your brother, though.

Edited May 13, 2016 by NuestraUnion

[NigeriaorBust 4,087]

You know student visas are not good for public schools ?

[aaron2020 11,651]

Thank you all very much for your quick and helpful replies. I actually did not realize I needed a separate petition for my parents, and that the income and address factors only come into play when they are at the front of the queue, thank you for clearing that up.

I understand the wait is quite long for my brother and his family. 2 of his oldest kids already have student visas to come to the US for their high school and middle school starting this year, the fact that I file a petition that includes them shouldn't be a problem for their future student visa renewals right?

Thank you again!

Since the children are already in high school and middle school, they will age out and not be able to immigrate with your brother. In 12-13 years, they will most likely be over 21 and have aged out.