Does a Deriviative Beneficiary need to file seperate I-130 and I-1864?

[abimbola82 0]

I am filing AOS for my mom while she is in the US. My brother is here as well and he is under 21. Do I have to file a sepearte I-130 for him? I dont think I do becuse I am no directly petitioning for him. I know he can file the I-485 co-currently with my mom.

Also, I do have to file a seperate affidavit of support for him as well?

Thanks,

Abby

[aleful 1,905]

I am filing AOS for my mom while she is in the US. My brother is here as well and he is under 21. Do I have to file a sepearte I-130 for him? I dont think I do becuse I am no directly petitioning for him. I know he can file the I-485 co-currently with my mom.

Also, I do have to file a seperate affidavit of support for him as well?

Thanks,

Abby

like I said in your other thread, siblings aren't derivatives on parents petitions. you have to file separatly for him and it takes more than 10 years.

he cannot overstay. your mother once she becomes a resident can file for him, but still, he needs to go through consular processing because children of LPR don't qualify either to adjust in country and the wait is around 3 years now.

[Inky 1,111]

http://www.visajourney.com/forums/topic/324502-does-a-derivative-beneficiary-need-to-file-i-130-while-in-the-us/

No need to double post your not going to get a different answer!

[abimbola82 0]

like I said in your other thread, siblings aren't derivatives on parents petitions. you have to file separatly for him and it takes more than 10 years.

he cannot overstay. your mother once she becomes a resident can file for him, but still, he needs to go through consular processing because children of LPR don't qualify either to adjust in country and the wait is around 3 years now.

Please read what I got from USCIS

Do I have to file a separate I-485 for every member of my family if I am the principal beneficiary of an approved Alien Petition?

Yes, you must file a separate I-485 application for every member of the family that is applying for adjustment of status in the United States.

If I am adjusting my status in the U.S., how do I apply for my family member, who is a derivative of my approved I-130 and resides abroad?

If your spouse or child is residing abroad, and you are adjusting status in the United States, you should file the Application for Action on an Approved Application or Petition (Form I-824). You should file it at the same time you file your adjustment of status application to allow your family to immigrate to the United States without delay, if your adjustment of status application is approved.

Note: Children of of beneficiaries of immediate relative petitions are not derivative beneficiaries. A separate From I-130 petition must be filed for the child by the petitioner or beneficiary.

He is my sibling but he is applying under my mom as his son. He is under 21 and unmarried.

[NigeriaorBust 4,087]

The key is how is your mother being petitioned. If she was on a sibling petition ( from a brother / sister ) spouse and kids ARE tag alongs. If she is being petitioned by you ( child to parent ) spouse and kids DON'T get to tag along each of them need their own petition and have their own timeline. If she is a DV winner spouse and kids are tag alongs.

[Momoseattle 0]

I see you are not yet a citizen yet, you can only file for you brother if you are a citizen, as your naturalization is pending you are still a permanent resident,and CANNOT file for a sibling, until your mother becomes a Permanent resident then she can file for him, but he has to be 21. When you become a citizen, then you can file for him. Every person you petition for needs a separate I-130 form

Edited August 13, 2011 by Momoseattle