Do I need to include the documents of my brother's family at the stage of filing I-130?

[Nam Tran 0]

Hello,

 

I'm a US citizen now, and I want to sponsor my brother, including his family, to the USA.

 

Aside from my brother's documents, should I need to include the documents (birth certificate, marriage certificate) of his family (wife and children) at this stage? In the I-130 online file, I do not see any section for this. 

 

Thank you in advance.

[appleblossom 2,486]

5 hours ago, Nam Tran said:

Hello,

 

I'm a US citizen now, and I want to sponsor my brother, including his family, to the USA.

 

Aside from my brother's documents, should I need to include the documents (birth certificate, marriage certificate) of his family (wife and children) at this stage? In the I-130 online file, I do not see any section for this. 

 

Thank you in advance.

No, they’ll all be uploaded at the NVC stage, much later. How old are the children? Unless they’re infants and the I-130’s take a really long time to be approved they’re likely to age out, so it would just be his wife anyway. 

Edited October 30, 2023 by appleblossom

[Boiler 45,486]

You can only sponsor your Brother.

 

Many moons in the future when the Priority Date is current derivatives can be included, spouse and minor children. Children can age out, Spouses can be divorced so not an issue now.

[Nam Tran 0]

3 hours ago, appleblossom said:

No, they’ll all be uploaded at the NVC stage, much later. How old are the children? Unless they’re infants and the I-130’s take a really long time to be approved they’re likely to age out, so it would just be his wife anyway. 

 

Thanks for the valuable information. Actually, there are two kids from 10 years old and older, other children are from 19 months old to 5 years old. Should I sponsor his children or would it be a waste of time (and probably money)?

Edited October 30, 2023 by Nam Tran

[Nam Tran 0]

21 minutes ago, Boiler said:

You can only sponsor your Brother.

 

Many moons in the future when the Priority Date is current derivatives can be included, spouse and minor children. Children can age out, Spouses can be divorced so not an issue now.

 

Your input it appreciated! I think that I would sponsor him first, and he will sponsor his children in due course. 

[Boiler 45,486]

3 minutes ago, Nam Tran said:

 

Thanks for the valuable information. Actually, there are two kids from 10 years old and older, other children are from 19 months old to 5 years old. Should I sponsor his children or would it be a waste of time (and probably money)?

You can only Sponsor your Brother.

[Nam Tran 0]

1 minute ago, Boiler said:

You can only Sponsor your Brother.

 

Sorry but why can't I sponsor other infants? For example, if their ages range around 19 months - 5 years old?

[Boiler 45,486]

They do not fall into any of the categories.

 

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

Edited October 30, 2023 by Boiler

[appleblossom 2,486]

1 hour ago, Nam Tran said:

 

Thanks for the valuable information. Actually, there are two kids from 10 years old and older, other children are from 19 months old to 5 years old. Should I sponsor his children or would it be a waste of time (and probably money)?

 

There's no money to pay for them now, there would only be a fee if a visa is available for them in many years. No chance for the children aged 10+ IMO, possibly a chance for the younger - but which country are they from?

 

I assume your brother knows sponsoring his then adult children would also take a long time and there won't be any way of them all moving together?

[Boiler 45,486]

Even the youngest could well be married, children etc.

[SalishSea 17,828]

3 hours ago, Nam Tran said:

 

Your input it appreciated! I think that I would sponsor him first, and he will sponsor his children in due course. 

Hopefully you understand the visa bulletin and the wait time for that category?   It will be 20+ years before a visa is even available to your brother.

[beloved_dingo 1,976]

6 hours ago, Nam Tran said:

 

Sorry but why can't I sponsor other infants? For example, if their ages range around 19 months - 5 years old?

Spouse and children can be added later as derivatives as @appleblossom and @Boiler have already mentioned.

 

To clarify, you sponsor your brother now, and then down the road your brother's derivatives can be added at the NVC stage. However, very likely that most of the children will age out before his priority date is current, if not all. 

[JeanneAdil 6,498]

Part 4  Information about the beneficary 

starting with ## 17

u do list his current and former spouse(s)

and then all children (1 by 1)

 

BUT this does not include them in the petition

just important that they are listed now as leaving them off creates problems for future petitions 

[Nam Tran 0]

9 hours ago, appleblossom said:

 

There's no money to pay for them now, there would only be a fee if a visa is available for them in many years. No chance for the children aged 10+ IMO, possibly a chance for the younger - but which country are they from?

 

I assume your brother knows sponsoring his then adult children would also take a long time and there won't be any way of them all moving together?

 

He's from Vietnam. We are all aware that it would take a long time to sponsor him and his children, but they would patiently wait for it. 

[Nam Tran 0]

7 hours ago, SalishSea said:

Hopefully you understand the visa bulletin and the wait time for that category?   It will be 20+ years before a visa is even available to your brother.

Some people mentioned that it would take around 12 years. Do you have a reference link to the visa bulletin and the wait for that category?