Adding children under 21 years of age to the I-130 petition

[Keyzme 0]

Aloha everyone!

I filed I-130 for my parents. I received a letter to pay for affidavit of support fee. There is a part on the letter that states about children under 21 years but it is not very detailed. I have two brothers under 21 years of age, how can I add them on the original petition? Do I have to pay the affidavit of support fee just for my parents only? How can I get visa for my brothers. I hope to get help from here. Mahalo!

[Thomas&Cleofe 358]

Aloha everyone!

I filed I-130 for my parents. I received a letter to pay for affidavit of support fee. There is a part on the letter that states about children under 21 years but it is not very detailed. I have two brothers under 21 years of age, how can I add them on the original petition? Do I have to pay the affidavit of support fee just for my parents only? How can I get visa for my brothers. I hope to get help from here. Mahalo!

You CAN'T add them on that petiton....they are not your children. They are your parent's children.

You CAN file separate petition's for your brothers, but I believe the wait time is about 22 years now to reach the priority date.

[Keyzme 0]

You CAN'T add them on that petiton....they are not your children. They are your parent's children.

You CAN file separate petition's for your brothers, but I believe the wait time is about 22 years now to reach the priority date.

Hi David&Goliath!

Thanks for responding Wow, that's long to wait... That's why I did not file for them, I think it would be faster if my parents will be the one to file a petition for my brothers. However, I heard that children of beneficiaries can join them in applying for visa. I just don't know how the procedure goes... I hope someone out there had gone trough this... Thanks

[Thomas&Cleofe 358]

Hi David&Goliath!

Thanks for responding Wow, that's long to wait... That's why I did not file for them, I think it would be faster if my parents will be the one to file a petition for my brothers. However, I heard that children of beneficiaries can join them in applying for visa. I just don't know how the procedure goes... I hope someone out there had gone trough this... Thanks

For a family based visa a separate petition must be filed for each beneficiary.

[aaron2020 11,651]

Hi David&Goliath!

Thanks for responding Wow, that's long to wait... That's why I did not file for them, I think it would be faster if my parents will be the one to file a petition for my brothers. However, I heard that children of beneficiaries can join them in applying for visa. I just don't know how the procedure goes... I hope someone out there had gone trough this... Thanks

When a US citizen petitions for a parent, only the parent is eligible for a visa. The parent's spouse and children are never included. They are only listed for biographical purposes. The usual wait for a visa is a year.

In other categories, a spouse and unmarried children under 21 are included. The wait can be many years.

[NigeriaorBust 4,087]

The general rule is , if there is another path to suck money out of the petitioner then relatives don't get a free ride.

[Keyzme 0]

Thanks everyone for responding

[aaron2020 11,651]

The general rule is , if there is another path to suck money out of the petitioner then relatives don't get a free ride.

Your view is a valid one.

Another view is that the US can only absorb so many immigrants at a time and had to prioritize who gets to come to live in the US and when.

When a family has to wait a long time to immigrate, it makes sense to let the beneficiary, his spouse, an his minor chilren to immigrate with him. There are also limits on the number of visas in the family based categories which allows for derivative beneficiaries.

Contrast that with when an adult US citizen petitions for a parent which is a relatively short wait. Ther are no limits on visas here. If we allow derivative beneficiaries like siblings, then the nimbers increases dramaticly. Different situations means different rules.

Edited August 22, 2012 by aaron2020