Can you include an unmarried 21+ yo child on a I-130?

[sunflower4 13]

My SO and I want to bring his father and brother to the US after he becomes a citizen. His father would be an IR type visa which we don't have to wait to become available. However if we file separately, his brother would either be a F4 if my SO files for him as a brother, or a F2B if his father files for him as an unmarried 21+ yo child. The most recent visa bulletin says they are processing F2B from 5 years ago.

We don't want to leave his brother alone abroad for 5 years. Is there any way to include his brother on the petition for his father as a derivative or such, so they can come over together? 

[JeanneAdil 6,510]

No  separate applications

i have seen posts that say the father can come and petition the son after he becomes a citizen and that is faster 

but the experts will chime in with the best advice

 

[Lucky2Lucky 2,526]

Once your SO becomes a citizen he can file for his brother (over 21) but it can take 10 years or more. 

[Crazy Cat 41,884]

28 minutes ago, shinysong said:

We don't want to leave his brother alone abroad for 5 years.

Separate cases.....separate timeframes.  There are no derivatives for IRs. Fastest route, it seems to me, might be for the father to become a citizen first, then petition the son.  Even getting your SO's father into the US might be a problem as all IR-5 visas are suspended until 2021......and it could be extended.  Good luck.

Edited September 23, 2020 by Lucky Cat

[aaron2020 11,651]

26 minutes ago, shinysong said:

My SO and I want to bring his father and brother to the US after he becomes a citizen. His father would be an IR type visa which we don't have to wait to become available. However if we file separately, his brother would either be a F4 if my SO files for him as a brother, or a F2B if his father files for him as an unmarried 21+ yo child. The most recent visa bulletin says they are processing F2B from 5 years ago.

We don't want to leave his brother alone abroad for 5 years. Is there any way to include his brother on the petition for his father as a derivative or such, so they can come over together? 

There's no way for them to come together.  Derivative beneficiaries are not allowed when a USC petitions for a parent.

 

The fastest way is NOT to wait for the father to become a US citizen to petition the son.  The fastest way is for the green card father to file for his unmarried son over age 21 in the F2b category.  The current wait is 5 years.  Historically, it's about 7 years. 

 

Separation is unavoidable when it comes to US immigration.  

[Crazy Cat 41,884]

8 minutes ago, aaron2020 said:

There's no way for them to come together.  Derivative beneficiaries are not allowed when a USC petitions for a parent.

 

The fastest way is NOT to wait for the father to become a US citizen to petition the son.  The fastest way is for the green card father to file for his unmarried son over age 21 in the F2b category.  The current wait is 5 years.  Historically, it's about 7 years. 

 

Separation is unavoidable when it comes to US immigration.  

Sounds reasonable.  Step one is to get father's green card.

Edited September 23, 2020 by Lucky Cat

[SusieQQQ 11,586]

There is zero benefit to waiting for his father to become a citizen, as that alone will take about the same amount of time it currently takes for a LPR to sponsor an unmarried son over 21, AND then they’d still need a long wait after that. 
I’d suggest filing both F4 when OP’s SO becomes a USC and the F2B when the father becomes a LPR. Just to have an “insurance policy” going in case something goes wrong with the F2B. 

[sunflower4 13]

3 minutes ago, SusieQQQ said:

There is zero benefit to waiting for his father to become a citizen, as that alone will take about the same amount of time it currently takes for a LPR to sponsor an unmarried son over 21, AND then they’d still need a long wait after that. 
I’d suggest filing both F4 when OP’s SO becomes a USC and the F2B when the father becomes a LPR. Just to have an “insurance policy” going in case something goes wrong with the F2B. 

Is it possible/legal to have two active petitions for the same person at the same time? That sounds like the best way to go if I am able to do so. Heck, we can do both AND if we don't have the F2B after 5 years his dad can apply to naturalize then and start an IR petition as well! 😄

[Boiler 45,520]

Well you could petition sibling and then wait until a year or so before PD is current and sponsor parent.

[SusieQQQ 11,586]

11 minutes ago, shinysong said:

Is it possible/legal to have two active petitions for the same person at the same time? That sounds like the best way to go if I am able to do so. Heck, we can do both AND if we don't have the F2B after 5 years his dad can apply to naturalize then and start an IR petition as well! 😄

Yup, but no IR for a son over 21, that is F1. In fact the USC petition for over 21 unmarried children is currently the only one where the wait is longer than for an LPR petitioning the same type of relative.  If it is shorter by then and brother doesn’t have a visa yet the father will just upgrade the existing F2B to F1, there will be the option of retaining F2B if it is still quicker at that stage.

 

 

Edited September 23, 2020 by SusieQQQ

[SusieQQQ 11,586]

5 minutes ago, Boiler said:

Well you could petition sibling and then wait until a year or so before PD is current and sponsor parent.

That solves the problem of not leaving brother alone, but the entire process would probably take at least double, probably more like triple, the amount of time to get them both here vs the other options discussed. So I guess they need to decide what’s more important.

 

 

Edited September 23, 2020 by SusieQQQ

[Boiler 45,520]

Just now, SusieQQQ said:

That solves the problem of not leaving brother alone, but the entire process would probably take at least double, probably more like triple, the amount of time to get them both here vs the other options discussed. So I guess they need to decide what’s more important.

 

 

Yep

 

Choices.

[sunflower4 13]

6 minutes ago, SusieQQQ said:

That solves the problem of not leaving brother alone, but the entire process would probably take at least double, probably more like triple, the amount of time to get them both here vs the other options discussed. So I guess they need to decide what’s more important.

Yes, thank you for your input everybody. We will have a discussion with our family tonight when morning comes in their country and determine whether they would rather wait much longer and come together, or if his brother can wait 5+ years alone. I appreciate the help - it good to know all our options for such a big decision.

[JFH 12,190]

Well, your SO isn’t even an LPR yet and then he has to become a citizen. So we are talking about 4 years before anyone can be petitioned. A lot can change in that time. 

[Boiler 45,520]

Wow, begs the question if the right call was made about who moved where.