I-130 Fees

[Maju 3]

Just want to clarify some things for I-130

Wife is USC. She wants to petition her brother (same mother). Brother is married with two kids under 18. Brother currently here (alone) on tourist visa. When the petition is filed, it will be for whole family? The fees are $420. That's for whole family too? When I brought my Fiancee and her duaghter here. I needed to pay for both.

[Hypnos 6,576]

Your wife will file one form and it will be under the F-4 preference, meaning there will be a wait of approximately twelve years for the priority date to become current.

The children of your brother-in-law may age out in those twelve years depending on their ages now.

[aleful 1,905]

hi,

for the i130 it's only one for all the family, spouse and children under 21. her brother cannot overstay in country, He must leave before their stay is over. petition for siblings take 12 or more years depending on the country of origin.

so how many can immigrate will depend on the ages of their children, and at the stage of the NVC, they will pay for each member of the family immigrating to the US.

[Maju 3]

Thanks for the quick responses.

I was reading about the adjustment of status (I-485) on the USCIS website, it says that we "if you're filing this application with a relative petition, special immigrant juvenile petition, or special immigrant military petition which, if aproved, would make an immigrant visa number immediately available to you". What does that mean?

[Hypnos 6,576]

It doesn't apply to your case since a visa number is not immediately available even if the application is approved.

Your brother-in-law will need to depart the US at the end of his current period of authorised stay.

[aleful 1,905]

Thanks for the quick responses.

I was reading about the adjustment of status (I-485) on the USCIS website, it says that we "if you're filing this application with a relative petition, special immigrant juvenile petition, or special immigrant military petition which, if aproved, would make an immigrant visa number immediately available to you". What does that mean?

ditto,

it only applies to immediate relatives, siblings aren't. they have a long wait. as stated 12 years, he cannot overstay, he must return and wait since he will go through consular processing in his country of origin

he can visit during those years as long as de doesn't overstay his visit.

[aaron2020 11,651]

Just want to clarify some things for I-130

Wife is USC. She wants to petition her brother (same mother). Brother is married with two kids under 18. Brother currently here (alone) on tourist visa. When the petition is filed, it will be for whole family? The fees are $420. That's for whole family too? When I brought my Fiancee and her duaghter here. I needed to pay for both.

You paid for one K-1 fiancee petition. You paid for 2 visas.

The difference with your wife petitioning her brother is that there is a 12 years wait for visas. So for now, only one fee for one petition. At a later point, they will be paying for each family member.

The brother can visit, but he needs to return home before his I-94 expires. Overstaying his visa could affect the visas for his family in 12 years. If he stays illegally, he will forfeit his chance at a green card. And if he does not get one, then his derivative beneficiaries will not qualify for green card either since theirs are dependent upon him getting one first.