Documents for sibling petition - sibling's entire family records or just sibling?

[pm5k 129]

For someone petitioning a sibling who is married and has their own children, does the I-130 need to also include birth certificates for the beneficiary's children?  Similarly, would the beneficiary's marriage certificate be required?

[aleful 1,905]

hi

 

no, that's all for the nvc stage

 

now the important thing is to demonstrate relationship between the petitioner and the beneficiary

 

the wait is 14 or more years, so depending on the ages of the children, they might or might not be able to come

[pm5k 129]

19 hours ago, aleful said:

hi

 

no, that's all for the nvc stage

 

now the important thing is to demonstrate relationship between the petitioner and the beneficiary

 

the wait is 14 or more years, so depending on the ages of the children, they might or might not be able to come

Doesn't CSPA cover children who are under 21 at the time when the petition is approved?

[aleful 1,905]

it depends on their ages,

 

cspa is a mathematical calculation, some qualify, some don't 

 

 

[geowrian 22,337]

2 hours ago, pm5k said:

Doesn't CSPA cover children who are under 21 at the time when the petition is approved?

As a primary beneficiary of a USC petitioner, the age would be frozen.

As a primary beneficiary of an LPR petitioner, the time the I-130 was pending is subtracted from their age. Edit: When the petition is approved isn't the age they consider...it's when the PD would become current under the sought category.

As a derivative beneficiary, such as the children here, they need to be under 21 still.

Edited December 5, 2018 by geowrian

[aaron2020 11,651]

https://www.uscis.gov/greencard/child-status-protection-act

 

For an Immediate Relative of a USC, CSPA age freezes when the I-130 is filed.

 

For a beneficiary in the family based category, CSPA age freezes when the Priority Date becomes current.  The time it takes to approve the I-130 is subtracted from the beneficiary's real age to determine the beneficiary's CSPA age. 

Edited December 5, 2018 by aaron2020

[SusieQQQ 11,586]

Ages of the children are critical for an F4 petition which takes so long. For example, if the children are teenagers already there is a fair to good chance they will age out despite CSPA.  If they are towards the end of teen years almost certain they’d age out. Small children would probably be ok. How old are they?

 

bear in mind current F4 wait time has been around 13.5 years, but it tends to get longer every year, could well end up being around maybe 18 years if not longer for petitions filed now. 

[pm5k 129]

On 12/5/2018 at 7:42 AM, SusieQQQ said:

Ages of the children are critical for an F4 petition which takes so long. For example, if the children are teenagers already there is a fair to good chance they will age out despite CSPA.  If they are towards the end of teen years almost certain they’d age out. Small children would probably be ok. How old are they?

 

bear in mind current F4 wait time has been around 13.5 years, but it tends to get longer every year, could well end up being around maybe 18 years if not longer for petitions filed now. 

In this case, the kids are less than 10 years old, but one is 9 so 9+13.5 = 22.5, which is why I was wondering

[SusieQQQ 11,586]

12 minutes ago, pm5k said:

In this case, the kids are less than 10 years old, but one is 9 so 9+13.5 = 22.5, which is why I was wondering

It’s not going to be 13.5 years going forward. So it’s also going to be critical for you to see how long uscis takes to approve the petition, because that time gets subtracted from their CSPA ages. Realistically, you are not going to know for many years whether or not they end up being eligible.