Brother petitioned approved , now got two kids and a wife !!

[Freddyb 0]

hello

I petitioned to my brother in 2001 and he is approved this year , but since than he got married in 2006 and has two kids with his wife ... are they eligible to be put in on the AOS and the visa Application ....so they come with him ??

thank you

[aleful 1,905]

hi

I'm confused did he already have his interview? because he should have had his interview a long time ago, and his wife and children should have been include

you filed for him in 2001? they have long passed that priority date

[aaron2020 11,651]

Hi,

Did your brother ever informed the US government that he was married and had a child? No?

The NVC is processing the case for your brother only because he has not informed them that he is married and has a child.

Do not send in the I-864. Hold off until the wife and child can be added.

Your brother needs to inform USCIS about adding his wife and child as derivative beneficiaries. He writes a letter to the NVC;

1. Include case number, name, address, and birthday.

2. Wife's birth certificate and marriage certificate.

3. Child's birth certificate.

Everything with certified English translation if in a foreign language.

Best of luck.

[Boiler 43,433]

Bit odd

[Freddyb 0]

Hi,

Did your brother ever informed the US government that he was married and had a child? No?

The NVC is processing the case for your brother only because he has not informed them that he is married and has a child.

Do not send in the I-864. Hold off until the wife and child can be added.

Your brother needs to inform USCIS about adding his wife and child as derivative beneficiaries. He writes a letter to the NVC;

1. Include case number, name, address, and birthday.

2. Wife's birth certificate and marriage certificate.

3. Child's birth certificate.

Everything with certified English translation if in a foreign language.

Best of luck.

Thank you so much , and to answer you, No he or me did not inform USCIS about adding his family , is there a form to fill out to USCIS ? or just send a straight letter to NVC with the proper documents ? one more thing can he just continue the process alone and later works on getting his family ?

thank you

[aaron2020 11,651]

There is no form. Just send a letter. Google "how to contact NVC" and "add relative after I-130 approved."

If they don't inmigrate with him, then he will need to file a new petition for his family after he immigrate. The wait is 2-3 years for visas.

The better option is to hold up his case to add his wife and children.

[Freddyb 0]

hi

I'm confused did he already have his interview? because he should have had his interview a long time ago, and his wife and children should have been include

you filed for him in 2001? they have long passed that priority date

Sorry did not mean to get you confused , but when I said he was approved , I meant that he still needs to get AOS and visa application plus all documents and paid fees to the NVC ... Yes he did not react fast so NVC sent him a reminder to continue the process within one year . but now he is married with kids ... I just want to get him informed what to do next

Thank you

[apple21 953]

Send an email to NVC stating that he wants to add his wife and children into the petition. Include scanned copy of marriage certificate, wife's and children's birth certificates.

[apple21 953]

Fill out the DS261 now. You will only pay one AOS fee for all of them. Wife and children must be counted in the i864. Check your income if you meet the poverty guidelines for your household plus the intending immigrants.

Once NVC recognizes the derivatives and accepts the DS261, the immigrant visa fees will be invoiced for all of them. Gather their civil documents now.

Good luck!