Sibling Petition Question

[JimmyHou 611]

Hi everyone,

I've read the VJ Guide and the info on the USCIS website, but I'd like to make sure I've understood the process.

My understanding is that at this time, I need to file a single I-130 petition listing my brother as the beneficiary and his wife and their toddler as dependents.

This is to be accompanied by:

Check for $420

My naturalization certificate

My name change certificate

My birth certificate

My brother’s birth certificate

If the law does not change (for better or worse) twelve years or more from now, a visa number will become available, and at that time, we will have to deal with the Affidavit of Support and the I-485.

My questions are:

1) Do I have the process right, as listed above?

2) Do I not need to submit any supporting documents for his dependents at this time (marriage certificate, birth certificates)?

Thanks for your help.

[aaron2020 11,651]

1. No. When the PD becomes current, you file the Affidavit of Support. If your brother and his family are outside the US, then they would file individual DS-260 for immigration visas. If they are legally inside the US, then they would file form I-485 to adjust status for green cards.

2. No, you do not need to submit anything about the wife and kids. However, you can submit them if you want.

[NigeriaorBust 4,087]

The wait based on current law will be much longer than 12 years. 20 may be a closer estimate. Any child that is still a child can come( including future children )

[aaron2020 11,651]

The wait based on current law will be much longer than 12 years. 20 may be a closer estimate. Any child that is still a child can come( including future children )

You have no way of knowing when the PD may become current. Where are you getting 20 years from?

[JimmyHou 611]

1. No. When the PD becomes current, you file the Affidavit of Support. If your brother and his family are outside the US, then they would file individual DS-260 for immigration visas. If they are legally inside the US, then they would file form I-485 to adjust status for green cards.

2. No, you do not need to submit anything about the wife and kids. However, you can submit them if you want.

Thank you. That helps.

[Unlockable 7,314]

Don't know if it will be 20 years, but it will likely be more than 12.

There hasn't been a trend of reduction of times for visas for siblings. It is the lowest family based category. Been a steady increase in years for a visa availability.