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I-130, Brother

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  • I-130, Brother

    Hi,
    I am an US citizen. I am applying for my brother. He is single right now. But I am sure when his application (Family F4 preference) becomes current in 12 or so years he will be married and possibly have children.
    My question is, what happen in 12 or so years. Will my brother get to bring his family with him. Or will he first have to immigrate and separately sponsor his family to come to the USA.
    My brother plans to get married next year. Should I wait until after his marriage so I can include his wife in my I-130 application?
    Thank you very much.

    Nandini

  • #2
    Let me respond to you point by point.

    1. Please do not delay filing of the petition even by 1 day. Any delay now will prove to be very costly in the end if your prospective nephews or nieces may get aged out ( over 21 )of getting the visa. A delay of a month in filing can mean months in processing 12 -13 years down the road.

    2. As your brother's situation changes, just keep on sending the NVC a letter and they will add the relevant info to your petition such as spouse name and DOB, Child name and DOB.

    3. Also, you are well advised to give them your current address as you move. The current address will become more critical as the petition is coming close to being current

    4. Your brother, his spouse and all children under age 21 will be allowed to immigrate with him on a green card. This is as per the current laws.

    5. Till the petition has not been approved, you will correspond with the INS about adding any info to the petition. After the petition has been approved the petition will move to the NVC in New Hampshire and you will have to correspond with them to add any info.

    Good Luck

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