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Chromis

Can I also import my brother's spouse?

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Before this tax bill passes and possibly closes the window of sibling based immigration, I would like to file to bring my brother to the US. I am from Western Europe, and he is as well. However, I have never done this before and I have a question.

 

He wants to bring his girlfriend / fiancee to the US as well. I know the process would take 14 years for approval. I want to know if on this petition, it would automatically include his fiancee.  Do we have to file separately for her?

What about any children they might have in this 14 year time span?

 

We do want him and the girlfriend to live in the US. Should they quickly get married so that they can file on one petition, or is there no such thing? 

 

Thank you for any answers offered. :)

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She's not related to you so no, you wouldn't file I-130 for her. When your brother processed for immigrant visa some 14 yrs later she (and any kids under 21 yo) would be included. 

ROC 2009
Naturalization 2010

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

Why would it automatically include her?

You need to petition for each person individually, and girlfriends/fiances are not eligible, they're not family. 

CR-1 Visa

Service Center: Nebraska    Consulate: Mexico

Marriage: 12/9/2016    I-130 Sent: 12/10/2016    I-130 NOA1: 12/13/2016

Notice from USCIS: 8/23/2017

USCIS Approval Date: 8/21/2017

NOA2 issued date: 8/18/2017   NOA2 hardcopy received: 8/25/2017

Notice from USCIS Sent to NVC: 9/1/2017    NVC received: 9/8/2017

Received case and invoice numbers: 9/12/2017

Choice of Agent DS-261: 9/12/2017

Welcome Letter: 9/15/2017

Received and Paid AOS: 9/15/2017    AOS payment cleared my bank: 9/19/2017 (still shows In Process on CEAC)

Received and paid IV bill: 9/19/2017    IV bill cleared bank: 9/21/2017

Requested Expedite: 9/20/2017

AOS and IV show as paid: 9/23/2017

DS260 unlocked: 9/23/2017

Partial Expedite Approved at Counselor Level: 9/25/2017 (Must still wait out NVC)

Scan Date: 10/2/2017    Case Complete: 11/15/2017 (6 weeks 2 days!)

Case sent to consulate: 11/20/2017     Received by consulate: 11/21/2017 (11/20 was a holiday in Mexico)

Interview Scheduled: Jan 2nd - I managed to get someones canceled appointment the very same day my case status turned to Ready.

Biometrics: Mexico City Dec 27th Medical: Mexico City Dec 28th

Case says READY but consulate says case is not in system, I jumped the gun and booked an interview but they say its invalid until I receive the letter so I might have to cancel it.

Appointment Letter: Flew to Juarez just to get this, its actually 2 letters you need.

Interview Day: Jan 2nd   Interview Result: APPROVED

Tracking Number Received: Via email notice and website the afternoon of Jan 4th    Visa Delivered: Friday Jan 5th Mexico City

USCIS Notice - Green Card mailed: 3/28/18

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Filed: Citizen (apr) Country: Poland
Timeline
7 minutes ago, milimelo said:

She's not related to you so no, you wouldn't file I-130 for her. When your brother processed for immigrant visa some 14 yrs later she (and any kids under 21 yo) would be included. 

She would only be included if she is brother's wife those 14 years later.

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Filed: Citizen (apr) Country: Argentina
Timeline

if they get married, yes

 

as his fiancé, no.

 

spouses and children under 21 would come with your brother as his derivative. they can be added at a later time

 

 

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Okay, thank you for your answers. So if I understand you guys correctly, then as of right now, and as of moment of filing the petition, they do not need to be married. But 14 years later, when my brother is joyfully accepted into the US, as long as he is married by then, he will be okay? 

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Filed: Citizen (apr) Country: Argentina
Timeline
13 hours ago, Chromis said:

Okay, thank you for your answers. So if I understand you guys correctly, then as of right now, and as of moment of filing the petition, they do not need to be married. But 14 years later, when my brother is joyfully accepted into the US, as long as he is married by then, he will be okay? 

 

he should be married before his process at the nvc starts so they can do the paperwork at the same time and come togther

 

 

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Keep an open mind. Although those currently receiving their F-4 visas waited around 14 years, that doesn't mean those sending an I-130 today will be moving to the USA 14 years from now. The wait is getting longer each year so I'd be prepared for something closer to 20 years.

 

Also this is one of the categories most likely to be abolished in the anticipated immigration reform. 

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!

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