I-130 For Brother Transfer Question

[joshbola 0]

Hello there everyone, wanted to reach out and ask for information or any link that is helpful for my question. So my wife petition for her brother back in 2015 and recently her parents became US Citizen. The parents were wondering if it's a good idea to transfer the case under them and hoping to save some years off. If this is a good idea, please share what might be the process of getting this going? Brother currently in India and while in the waiting game, he got married. Parents are currently in California. Thank you all for your time, your help is greatly appreciated

[SalishSea 17,819]

17 minutes ago, joshbola said:

Hello there everyone, wanted to reach out and ask for information or any link that is helpful for my question. So my wife petition for her brother back in 2015 and recently her parents became US Citizen. The parents were wondering if it's a good idea to transfer the case under them and hoping to save some years off. If this is a good idea, please share what might be the process of getting this going? Brother currently in India and while in the waiting game, he got married. Parents are currently in California. Thank you all for your time, your help is greatly appreciated

Will still take 15+ years.

[Boiler 45,468]

Her Parents can petition him.

 

There is no transfer.

Edited August 1, 2023 by Boiler

[joshbola 0]

8 minutes ago, SalishSea said:

Will still take 15+ years.

So I am guessing this is if the Parents re-petition from the start? I am guessing we should just keep the case as is and don't make any changes?

8 minutes ago, Boiler said:

Her Parents can petition him.

 

There is no transfer.

Thanks for the feedback, so if the parents were to re-petition, it will be from the beginning all over and will extend the years even further?

[Boiler 45,468]

Good Insurance to have as many routes as you can.

 

Take the first one that comes up.

[joshbola 0]

Appreciate the feedback, just looking over the few responses, the recommendation would be to leave the case as is. Lol, repetition would be a bad idea as it will extend the years out even further compared to where it is now. Thanks for the quick response, one last question, does the community have a link/guide where we can look to what might be the current wait time for someone who filed back in 2015?

[powerpuff 6,697]

The recommendation was to have your parents file as insurance just in case. This might sound grim but if something happens to you the the petition you filed is dead. So parents would be back up. You can have several petitions pending for a person (sibling, parents, spouses could all file for one person simultaneously). 

3 minutes ago, joshbola said:

does the community have a link/guide where we can look to what might be the current wait time for someone who filed back in 2015?

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-august-2023.html

[Boiler 45,468]

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-august-2023.html

 

15 years?

 

I said the opposite, I like insurance especially with very long processing times.

[joshbola 0]

6 minutes ago, powerpuff said:

The recommendation was to have your parents file as insurance just in case. This might sound grim but if something happens to you the the petition you filed is dead. So parents would be back up. You can have several petitions pending for a person (sibling, parents, spouses could all file for one person simultaneously). 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-august-2023.html

 

Thank you, appreciate the feedback

 

6 minutes ago, Boiler said:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-august-2023.html

 

15 years?

 

I said the opposite, I like insurance especially with very long processing times.

 

Thank you, appreciate the feedback

[Timona 4,207]

You can't transfer a case from one petitioner to another. If parents put an application, it a completely independent petition and starts at day 1, not pick up where the other petition is at. 

Edited August 1, 2023 by Timona

[Pinkrlion 2,716]

Since he got married after you filed, it will be even longer. 

[Aluvaboy 66]

The poster’s wife filed for his brother. So it is a petition under F4 category. It doesn’t matter if he gets married or not. 

[appleblossom 2,482]

1 hour ago, Aluvaboy said:

The poster’s wife filed for his brother. So it is a petition under F4 category. It doesn’t matter if he gets married or not. 

But it does make a difference if the parents petition him as well as suggested. 

[joshbola 0]

12 hours ago, Timona said:

You can't transfer a case from one petitioner to another. If parents put an application, it a completely independent petition and starts at day 1, not pick up where the other petition is at. 

 

Thank you, appreciate the feedback

 

7 hours ago, Pinkrlion said:

Since he got married after you filed, it will be even longer. 

 

Thank you, appreciate the feedback

 

4 hours ago, Aluvaboy said:

The poster’s wife filed for his brother. So it is a petition under F4 category. It doesn’t matter if he gets married or not. 

 

Thank you, appreciate the feedback

 

3 hours ago, appleblossom said:

But it does make a difference if the parents petition him as well as suggested. 

 

Thank you all, appreciate the feedback. I think we are just going to keep the things as they are. There won't be whole a lot of different between what the wife did for when petition for her brother vs what parents would do. Like everyone said, it's an insurance :)