I-130 Sibling Question

[wstan000 0]

Hi,

I need some advice regarding an I-130 application. I am currently working in the UK. My brother is a US citizen and he has applied to bring me to the US. The application was submitted in 2007 and petition has now been approved. My question is:

1) I understand that the process can take up to 10 years for siblings. Once approved, can I bring my wife along to the US? I was already married when the I-130 application is submitted. I read on the web that I will need to apply for a separate visa for my wife which will take up to 5 years, and during that period, she will not be able to come to the US. Is this correct?

2) Is the green card issued in my case similar to a green card for a work permit (i.e H1B visa)? I.e. if I were to get a green card either through work permit or sibling of a US citizen petition, can I still bring my wife to the US? Or do I still have to go through the 5-year spouse visa process?

Many thanks in advance.

wstan000

[Laur1111 0]

Hi,

I need some advice regarding an I-130 application. I am currently working in the UK. My brother is a US citizen and he has applied to bring me to the US. The application was submitted in 2007 and petition has now been approved. My question is:

1) I understand that the process can take up to 10 years for siblings. Once approved, can I bring my wife along to the US? I was already married when the I-130 application is submitted. I read on the web that I will need to apply for a separate visa for my wife which will take up to 5 years, and during that period, she will not be able to come to the US. Is this correct?

2) Is the green card issued in my case similar to a green card for a work permit (i.e H1B visa)? I.e. if I were to get a green card either through work permit or sibling of a US citizen petition, can I still bring my wife to the US? Or do I still have to go through the 5-year spouse visa process?

Many thanks in advance.

wstan000

Let me be the first to try to help:

1. No, you can bring your wife and kids (under 21 year old) together with you, as dependants of the beneficiary of F4 petition.

2. So at this point it is obvious that you refer to number 1 answer. No need to wait. You will both get GC.

I am in the same situation.

Good luck !

Edited February 13, 2010 by Laur1111

[wstan000 0]

Let me be the first to try to help:

1. No, you can bring your wife and kids (under 21 year old) together with you, as dependants of the beneficiary of F4 petition.

2. So at this point it is obvious that you refer to number 1 answer. No need to wait. You will both get GC.

I am in the same situation.

Good luck !

Thanks for the advice Laur1111, I appreciate it. Can I please check a few more issues with you.

1. Is there any limitations as dependents of the beneficiary of F4 petition? I.e. is the spouse able to work without obtaining a visa of her own? Do I need proof of income or financial support capability in order for the spouse to qualify as dependants or is it automatic?

2. Once the green card is approved, do I have to enter US within a short period of time (for eg. I still have a job in the UK, and not relocate to US until I found a job there)?

Thanks...

[Laur1111 0]

Thanks for the advice Laur1111, I appreciate it. Can I please check a few more issues with you.

1. Is there any limitations as dependents of the beneficiary of F4 petition? I.e. is the spouse able to work without obtaining a visa of her own? Do I need proof of income or financial support capability in order for the spouse to qualify as dependants or is it automatic?

2. Once the green card is approved, do I have to enter US within a short period of time (for eg. I still have a job in the UK, and not relocate to US until I found a job there)?

Thanks...

1. There is no limitation for dependants, as I know- after you guys enter US you will apply (both) for SSN-social security number- and then you will both have work permits. Spouse will get visa in order to enter US. Support proof (affidavit of support) will be required during the immigration process, after you will receive form DS 3032 - Choice of agent form. This affidavit should be made by the petitioner(your brother) for all the visa beneficiary(you and wife)

2. After you will get the visa, you will have 6 months to get to US.

FIrst you will get visa stamped to your pass, then the GC.

You have some time to wait, meanwhile study well this process to speed it up, by having ideeas of what will be.

Here's also an useful link:

http://www.visajourney.com/wiki/index.php/...he_NVC_ShortCut

I think the info are correct, if anyone also could give other ideeas, please do so.

Edited February 13, 2010 by Laur1111

[wstan000 0]

1. There is no limitation for dependants, as I know- after you guys enter US you will apply (both) for SSN-social security number- and then you will both have work permits. Spouse will get visa in order to enter US. Support proof (affidavit of support) will be required during the immigration process, after you will receive form DS 3032 - Choice of agent form. This affidavit should be made by the petitioner(your brother) for all the visa beneficiary(you and wife)

2. After you will get the visa, you will have 6 months to get to US.

FIrst you will get visa stamped to your pass, then the GC.

You have some time to wait, meanwhile study well this process to speed it up, by having ideeas of what will be.

Here's also an useful link:

http://www.visajourney.com/wiki/index.php/...he_NVC_ShortCut

I think the info are correct, if anyone also could give other ideeas, please do so.

I'm getting confused here actually. My brother told me that the spouse cannot enter the US with the F4 green card. Only with the H1B visa can the spouse enter the US but is not able to work. I seem get the same conclusion by searching on this info in google. Can anyone help confirm if this is correct?

[aleful 1,905]

that's not true that you cannot come with your wife.

siblings can petition single or married brother or sister. they come in at the same time.

there is only one category for siblings, whether the are under 21, over 21, single or married. The wife and chidren under 21 are derivatives of the siblings petition.

[wstan000 0]

that's not true that you cannot come with your wife.

siblings can petition single or married brother or sister. they come in at the same time.

there is only one category for siblings, whether the are under 21, over 21, single or married. The wife and chidren under 21 are derivatives of the siblings petition.

Thanks for the confirmation.

Hope you don't mind me asking another silly question, if that's the case, there seem to be a big issue about green card holder's spouse (spouse not in the US) having to wait 4-5 years before being granted a 'immigrant visa' to enter the US - thus many couples are forced to live apart for 5 years.

How is my situation different to this?

[Laur1111 0]

Thanks for the confirmation.

Hope you don't mind me asking another silly question, if that's the case, there seem to be a big issue about green card holder's spouse (spouse not in the US) having to wait 4-5 years before being granted a 'immigrant visa' to enter the US - thus many couples are forced to live apart for 5 years.

How is my situation different to this?

Check this link also, at the 4th category! Family fourth preference :

http://www.***removed***/greencard/familyba...categories.html

It seems that you still dont trust me! He he, I've been waiting over 9 year for this, now in a couple of months hopefully I will get the visa finally! So I have some experience with this, been reading a lot...

I dont know what you wanna say with the 4-5 years waiting time, that is a different category of visa, I think that is a visa issued for a spouse of a LPR - legal permanent resident.

Edited December 7, 2011 by Kathryn41

[aleful 1,905]

ditto to laur,

that is when a LPR files for the spouse that is in their country of origen. This is not the case, she is a derivative of your petition, and with the paperwork, you have to send to your brother your marriage license, translated also into English, becuase you filed as single and now your married.

also in all the paperwork he will add your spouse and will have to pay for both. In the I864 Affidavit of support, he will put that he is sponsoring both of you. From now all in all the rest of the forms submitted, you will submit them as married and attached will be your marriage license.

Have you already sent it to your brother, he will also need it to be translated into English.

[wstan000 0]

ditto to laur,

that is when a LPR files for the spouse that is in their country of origen. This is not the case, she is a derivative of your petition, and with the paperwork, you have to send to your brother your marriage license, translated also into English, becuase you filed as single and now your married.

also in all the paperwork he will add your spouse and will have to pay for both. In the I864 Affidavit of support, he will put that he is sponsoring both of you. From now all in all the rest of the forms submitted, you will submit them as married and attached will be your marriage license.

Have you already sent it to your brother, he will also need it to be translated into English.

Thanks to Laur and Aleful for the advice. The immigration procedures appear to be simpler in the UK. My brother did submit my application together with the marriage ceritficate.

Laur: I believe you now. Got two more questions,

1) Does it mean that both myself and wife will get green cards if the application is successful? I.e. both of us can work legally in the US?

2) Is my application status affected if I am issued a H1B visa during the F4 application?

3) This is where I am not sure the difference between a LPR and green card holder. Are all LPRs are green card holders?

Many many thanks for the advice.

[aleful 1,905]

that's what it means.

A Legal Permanent Resident is a Green card holder, you will become a Legal Resident being able to live, work, travel legally. The Green Card is the proof that you are a Legal Resident.

[wstan000 0]

that's what it means.

A Legal Permanent Resident is a Green card holder, you will become a Legal Resident being able to live, work, travel legally. The Green Card is the proof that you are a Legal Resident.

Right, thanks. Therefore, in my case, does my wife get a green card of her own? I.e. would she be eligible to work legally?

[aleful 1,905]

yes she will,

because she is derivative of your petition, she will get her own GC and has the same rights and responsabilities as you do.

[wstan000 0]

yes she will,

because she is derivative of your petition, she will get her own GC and has the same rights and responsabilities as you do.

Thanks. Does this mean that having a F-4 visa (if we ignore the long waiting time) is more valuable than a H1B work permit visa, since the H1B doesn't allow the spouse to work, but the F4 does? Is this correct?

[Laur1111 0]

Thanks. Does this mean that having a F-4 visa (if we ignore the long waiting time) is more valuable than a H1B work permit visa, since the H1B doesn't allow the spouse to work, but the F4 does? Is this correct?

Yes, because you will both get all paper necessary and ok. With the H1B spouse Is not allowed to work.

Three years allready passed, 6-7 more to go.