I-130 for Brother. What about his spouse and kids?

[Utah123 29]

Hi,

 

As a US Citizen, I'm going to apply I-130 for my brother. I was just curious what do I need to do for my brother's spouse and his kids (under the age of 21) while filing I-130 form for my brother? 
 

Do I need to do anything for them?
 

Thank you

[appleblossom 2,816]

5 minutes ago, Utah123 said:

Hi,

 

As a US Citizen, I'm going to apply I-130 for my brother. I was just curious what do I need to do for my brother's spouse and his kids (under the age of 21) while filing I-130 form for my brother? 
 

Do I need to do anything for them?
 

Thank you

 

His spouse will be a derivative on his application. Children should be added as derivatives too, but are likely to age out. You say they're under 21, but how old are they? And which country are they from?

[Boiler 45,753]

India bt the look of it.

 

What matters is who is Spouse is when the PD is current, and if he has any minor children then.

[SalishSea 17,980]

51 minutes ago, Utah123 said:

Hi,

 

As a US Citizen, I'm going to apply I-130 for my brother. I was just curious what do I need to do for my brother's spouse and his kids (under the age of 21) while filing I-130 form for my brother? 
 

Do I need to do anything for them?
 

Thank you

No.   As it will likely be close to 25-30 years before he can immigrate, all his info will be updated then.   Kids most likely will age out.

[Utah123 29]

1 hour ago, appleblossom said:

 

His spouse will be a derivative on his application. Children should be added as derivatives too, but are likely to age out. You say they're under 21, but how old are they? And which country are they from?

Kids are 1 and 3 years old, and Pakistan. 
 

So how do we add derivatives on I-130? 

56 minutes ago, SalishSea said:

No.   As it will likely be close to 25-30 years before he can immigrate, all his info will be updated then.   Kids most likely will age out.

What's the process of adding them to I-130 at this stage?

[appleblossom 2,816]

11 minutes ago, Utah123 said:

Kids are 1 and 3 years old, and Pakistan. 
 

So how do we add derivatives on I-130? 

What's the process of adding them to I-130 at this stage?

 

OK, both will probably age out but all you can do is wait and see. 

 

You just add them in section 4.  

Edited December 3 by appleblossom

[Utah123 29]

5 minutes ago, appleblossom said:

 

OK, both will probably age out but all you can do is wait and see. 

 

You just add them in section 4.  

As of now, just add them under 'Beneficiary's Family' in section 4? 

[appleblossom 2,816]

15 minutes ago, Utah123 said:

As of now, just add them under 'Beneficiary's Family' in section 4? 

 

Yep. Then when the time comes and a visa is available to your brother he'll be able to include any derivatives that are eligible for visas too.

[Utah123 29]

45 minutes ago, appleblossom said:

 

Yep. Then when the time comes and a visa is available to your brother he'll be able to include any derivatives that are eligible for visas too.

Thank you.

[SalishSea 17,980]

OP, be aware that the plan is to eliminate this visa category.  Who knows if it will happen, but it's a strong possibility.

[Nam Tran 0]

Just a question: I'm having a similar situation, but my brother is planning to have another baby in a couple of years. Should I just include him and his current family in the I-130 application now? Or should I wait until he has another baby? 

[OldUser 7,004]

Just now, Nam Tran said:

Just a question: I'm having a similar situation, but my brother is planning to have another baby in a couple of years. Should I just include him and his current family in the I-130 application now? Or should I wait until he has another baby? 

Why wait a couple of years? You'd lose a couple of years. Just file now. When in 20+ years he'll hopefully be filing for visa (if category still exists), he'll include the child if the child is a dependant at that time 

[MSSF 10]

On 12/3/2024 at 8:29 PM, OldUser said:

Why wait a couple of years? You'd lose a couple of years. Just file now. When in 20+ years he'll hopefully be filing for visa (if category still exists), he'll include the child if the child is a dependant at that time 

Agree!

 

my dad applied for married kids and grandkids were 1 and 6 back then. Some did not have kids back then and had kids after application approval. Application i-130 took 15 years to approve. When visa became available, those 1,6 years old kids were 16 and 21. Because i-130 took 3 years to approve, 21 year old was protected under law and the rest of the kids were still under 18. 
 

after approval and before visa became available, we always sent the birth certificates of new born children to NVC to add them as derivative. And the ones born after visa became available, we added them ourself  online as there is an option to add derivatives in your online account.