I-130 Parents and their dependent child

[mrsalfayad 6]

We're just starting the I-130 process and I understand that we have to submit separate applications for my husband's father and mother. But he also has a brother who is under 21. Do I list the brother as a dependent on EACH of their applications? Or should I list him as a dependent on just ONE of their applications?

[aleful 1,905]

no

 

there are no derivatives on parents petitions, siblings are filed separately

 

so they will have to leave him behind.

 

some will file for only one parent, and then that parent when he or she comes, files for spouse and children

 

he needs to be listed on both petitions, but only as information, since he won't be immigrating with them

Edited December 4, 2017 by aleful

[mrsalfayad 6]

We're filing separate applications for his other two siblings who are over 21. This sibling is under 21. We're not able to petition for this minor sibling at all?

[Thegirl 225]

Petitioning a sibling takes about 14 years so it would be pointless for the brother to do it now. Once the parents move to the US with their green cards they can petition the minor child. If the child is still a minor in 12-14 months, the parents petition of the child will take about another 12-14 months. 

Edited December 4, 2017 by Keas

[Thegirl 225]

Also, if the over 21siblings are not married, it makes sense for the parents to petition them once they become LPR. It's about 6 years shorter wait. 

[aleful 1,905]

yes you can but it's not worth it

 

12 to 14 years, there is only one category for siblings, it doesn't matter their age or marital status, over 21, under 21, married, unmarried, all in the same category

 

it would be a lot sooner if parents petition for unmarried children, no matter their age

[mrsalfayad 6]

Thanks for the help! Sounds like we'd want to apply for one (or both) parents, then once they get here and get their green cards, they can apply for their children, regardless of age, as long as they're not married, right? Any ideas on the timeline from I-130 submission to receiving LPR status for parents? And the timeline from 1-130 applications to approvals for children of LPRs? 

[Unlockable 7,314]

58 minutes ago, mrsalfayad said:

Thanks for the help! Sounds like we'd want to apply for one (or both) parents, then once they get here and get their green cards, they can apply for their children, regardless of age, as long as they're not married, right? Any ideas on the timeline from I-130 submission to receiving LPR status for parents? And the timeline from 1-130 applications to approvals for children of LPRs? 

The child under 21 will take about 2 years after your parents file for him.

The children 21 and older will take 7 - 10 years after your parents file for them. And they must remain unmarried during this time.

Edited December 4, 2017 by NuestraUnion

[Boiler 45,516]

Plus AP

 

How old is the one under 21?

[mrsalfayad 6]

We had 8 months of AP for my husband's K1. Everyone I'm talking about is Syrian, so add that whole debacle into the mix and I'm willing to bet all of these estimated times will be doubled...

He's about to turn 18. Does he just have to be under 21 at the time of application, or does he still have to be under 21 by the time the visa is granted? And for those over 21, they have to remain unmarried until the visa is granted? 

[Boiler 45,516]

5 minutes ago, mrsalfayad said:

We had 8 months of AP for my husband's K1. Everyone I'm talking about is Syrian, so add that whole debacle into the mix and I'm willing to bet all of these estimated times will be doubled...

He's about to turn 18. Does he just have to be under 21 at the time of application, or does he still have to be under 21 by the time the visa is granted? And for those over 21, they have to remain unmarried until the visa is granted? 

He has to be under the age of 21 when his Priority Date becomes current, so might make it but will be very close.

 

Assume if he marries then anyway he would not wish to abandon his new wife.

[mrsalfayad 6]

Thanks, @Boiler. Marriage isn't in his near future. But we have 2 other siblings who are currently in their mid twenties. If their parents apply for them once they have LPR status, do they have to stay single up until the time they receive their visas? Or up until their priority date? They obviously wouldn't want to abandon their potential, hypothetical husbands, but there are no nonimmigrant visas being issued to Syrians, so immigrant visas are the only way for them to ever be able to come here. 

[geowrian 22,337]

2 minutes ago, mrsalfayad said:

Thanks, @Boiler. Marriage isn't in his near future. But we have 2 other siblings who are currently in their mid twenties. If their parents apply for them once they have LPR status, do they have to stay single up until the time they receive their visas? Or up until their priority date? They obviously wouldn't want to abandon their potential, hypothetical husbands, but there are no nonimmigrant visas being issued to Syrians, so immigrant visas are the only way for them to ever be able to come here. 

Unmarried until they enter the US on the immigrant visa.

If the petitioning parent becomes a US citizen, then they can marry before entry but it will extend the timeframe for the PD to become current by years.

Edited December 5, 2017 by geowrian

[mrsalfayad 6]

Man, I thought the whole K1 through naturalization process was a PITA. Boy was I WRONG!  Thanks for all the help!

[Boiler 45,516]

1 hour ago, mrsalfayad said:

Thanks, @Boiler. Marriage isn't in his near future. But we have 2 other siblings who are currently in their mid twenties. If their parents apply for them once they have LPR status, do they have to stay single up until the time they receive their visas? Or up until their priority date? They obviously wouldn't want to abandon their potential, hypothetical husbands, but there are no nonimmigrant visas being issued to Syrians, so immigrant visas are the only way for them to ever be able to come here. 

The main complication is that if Immigration Reform occurs the more remote categories are likely to be chopped.

 

LPR's can sponsor unmarried children

 

To sponsor married children you need to be a USC.

 

With these long wait categories I always fell there is no harm applying if things change things change, make the call when the date becomes current. 

 

You never know what will happen so best if both parents and your husband sponsor, they can have multiple applications in the system

 

If you think this is complicated have you looked at Medical Insurance for his parents?