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californiaman

Petition of Brother of US Citizen, brother married after I-130

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Filed: Timeline

Re: Question about Immigrant Visa for brother of US Citizen. Beneficiary is outside the US and will do Consular Processing for an Immigrant Visa in Lima, Peru.

Beneficiary has never been in the US.

I have a couple of general questions about the Consular Processing in the following scenario:

I am a US Citizen. I petitioned for my brother about 10 or 11 years ago. I received the I-130 approval several years ago. Just recently, I received the AOS bill from the NVC. I paid it a few days ago. I will be filling out the I-864 form in the next few days. Form DS-3032 (Choice of Agent) will also be sumitted in the next few days.

At the time of the petition, my brother was not married but had one child. I listed his son (my nephew) in the I-130 petition.This was about 10 years ago. He subsequently had another child about 5 years ago. He was never married until last week. He never married the mother of his first two children. He got married last week. He has one child with his new wife. He has three children total.

Question 1: He would like to come to America with his wife and his youngest child. At what point, can his wife and youngest child be included as derivatives? Do I list them in the I-864 form? How can they be included in form DS 230?

Question 2: I understand that the Immigrant Visa fee is $400 ($355 +$45). Will that be $400 for each person receiving the visa (in his his case $400 x 3)? or Is that $400 for the whole family?

Please let me know.

Thank you for your assistance.

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