Questions about bringing my parents and my brother to US

[BraveHeart0707 0]

Hi guys,  I have dual citizenship in US and Canada.   My parents and my brother (younger than 21) only have Canadian citizenship.

 

Since I have been living in Canada, do I first need to move to the US before I can apply to immigrate my parents?

 

If I apply to immigrate my parents to US, approximately how long it will take between filing to them getting the permanent residency? 

 

And will my brother be immigrated as their dependent children and getting a permanent residency as well?

 

 

[Alabamak1 688]

17 minutes ago, BraveHeart0707 said:

Hi guys,  I have dual citizenship in US and Canada.   My parents and my brother (younger than 21) only have Canadian citizenship.

 

Since I have been living in Canada, do I first need to move to the US before I can apply to immigrate my parents?

 

If I apply to immigrate my parents to US, approximately how long it will take between filing to them getting the permanent residency? 

 

And will my brother be immigrated as their dependent children and getting a permanent residency as well?

 

 

one of the requirements, if i am not mistaken, the petitioner has to have a domicile in the USA.

 

https://www.uscis.gov/sites/default/files/USCIS/Resources/A1en.pdf

Edited April 8, 2018 by Alabamak1

[WeGuyGal 1,052]

Ever enter the US on a B2? 

[Coco8 1,042]

You need domicile and you will have to be a financial sponsor. For 3 people you have to be making a 60,000 a year; or you'll need another US to be the cosponsor. 

 

The issue with your brother will depend on whether he is less than 18 or not. If he is less than 18 then he can be part of your parents application. If he is between 18 and 21, that could be a problem. Your parents need to get the green card and, while in the US, apply for your brother's green card; but he has to be less than 21 because if he goes over 21 (even before the application is complete), he won't be able to get a green card. He would have to be waiting like 7 years for the green card. 

 

More or less, that is how it would work.

[kzielu 1,149]

21 minutes ago, BraveHeart0707 said:

Hi guys,  I have dual citizenship in US and Canada.   My parents and my brother (younger than 21) only have Canadian citizenship.

 

Since I have been living in Canada, do I first need to move to the US before I can apply to immigrate my parents?

 

If I apply to immigrate my parents to US, approximately how long it will take between filing to them getting the permanent residency? 

 

And will my brother be immigrated as their dependent children and getting a permanent residency as well?

 

 

You have to be domiciled in US and since those visas are for joining families, you have to be in US, otherwise it serves no purpose. Btw - were you filing your taxes with IRS like you were supposed to ? This is typically point where US citizens living abroad fail most often to meet requirement.

 

It will take about a year or longer for them to get immigrant visas, your brother will not be a derivative - you have to file for him separately (~13 years) or your parents can once they're resident. His wait will depend on how old he is.

2 minutes ago, Coco8 said:

You need domicile and you will have to be a financial sponsor. For 3 people you have to be making a 60,000 a year; or you'll need another US to be the cosponsor. 

 

The issue with your brother will depend on whether he is less than 18 or not. If he is less than 18 then he can be part of your parents application. If he is between 18 and 21, that could be a problem. Your parents need to get the green card and, while in the US, apply for your brother's green card; but he has to be less than 21 because if he goes over 21 (even before the application is complete), he won't be able to get a green card. He would have to be waiting like 7 years for the green card. 

 

More or less, that is how it would work.

??? No derivatives on immediate relative petitions or did that change recently ?

[BraveHeart0707 0]

3 minutes ago, Coco8 said:

You need domicile and you will have to be a financial sponsor. For 3 people you have to be making a 60,000 a year; or you'll need another US to be the cosponsor. 

 

The issue with your brother will depend on whether he is less than 18 or not. If he is less than 18 then he can be part of your parents application. If he is between 18 and 21, that could be a problem. Your parents need to get the green card and, while in the US, apply for your brother's green card; but he has to be less than 21 because if he goes over 21 (even before the application is complete), he won't be able to get a green card. He would have to be waiting like 7 years for the green card. 

 

More or less, that is how it would work.

The USCIS webpage doesn't mentioned anything financial.   What about just for parents?  what is the income requirement?

[BraveHeart0707 0]

3 minutes ago, kzielu said:

You have to be domiciled in US and since those visas are for joining families, you have to be in US, otherwise it serves no purpose. Btw - were you filing your taxes with IRS like you were supposed to ? This is typically point where US citizens living abroad fail most often to meet requirement.

 

It will take about a year or longer for them to get immigrant visas, your brother will not be a derivative - you have to file for him separately (~13 years) or your parents can once they're resident. His wait will depend on how old he is.

??? No derivatives on immediate relative petitions or did that change recently ?

Do you have a source for this requirement for filing for taxes??  I don't see it on USCIS.  

[Coco8 1,042]

2 minutes ago, kzielu said:

??? No derivatives on immediate relative petitions or did that change recently ?

What are you referring to?

 

1 minute ago, BraveHeart0707 said:

The USCIS webpage doesn't mentioned anything financial.   What about just for parents?  what is the income requirement?

The US citizen sponsoring the green card has to be financially responsible for the applicants so that they are not a change of the state. 

https://www.uscis.gov/greencard/affidavit-support

 

For instance, if X is sponsoring one person, then X needs to be making at least 20,000 a year.  X could include savings or properties as part of the affidavit of support, for those are counted differently (you need more than 20,000 basically). A US citizen or GC hold could be co-sponsor if you don't meet the $$

 

 

[kzielu 1,149]

Just now, BraveHeart0707 said:

Do you have a source for this requirement for filing for taxes??  I don't see it on USCIS.  

You are kidding, right ? The current law. Look into your passport, towards the back. You have to be doing it regardless of whether you are petitioning someone or not.

 

And when petitioning, you always are primary sponsor regardless of whether your meet income requirements or not and therefore have to submit most recent tax return(s) with your I-864.

[Coco8 1,042]

8 minutes ago, kzielu said:

your brother will not be a derivative - you have to file for him separately (~13 years) or your parents can once they're resident. His wait will depend on how old he is.

The brother is less than 21. It depends! 

 

Imagine if the brother were 2 years old!!!!! I don't think it counts as brother but as child of the parents.

Edited April 8, 2018 by Coco8

[kzielu 1,149]

1 minute ago, Coco8 said:

What are you referring to?

 

 

I am referring to his parents being immediate relatives. Therefore no derivatives on petition for those are allowed. 

[WeGuyGal 1,052]

Is this you http://www.visajourney.com/forums/topic/612920-visa-status-during-status-change/?tab=comments#comment-8340505

 

 

You can't enter the US on a b visa as a USC. Something is amiss..

 

[kzielu 1,149]

5 minutes ago, Coco8 said:

The brother is less than 21. It depends! 

 

Imagine if the brother were 2 years old!!!!! A kid would not have to wait 13 years. 

No, it doesn't matter at all. He has to file separate petitions for every single one of them. Do a 2 second google search, you're a VJ veteran, should know this. Brother won't have to wait 13 years, his parents - once they immigrate, will be able to petition him and it will take shorter than that.

Edited April 8, 2018 by kzielu

[Alabamak1 688]

https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-aliens-abroad

 

@BraveHeart0707

[BraveHeart0707 0]

Where can I find the priority dates currently in process for immediate parents? 

 

I looked at https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-april-2018.html and there is no information for parents.