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Kiwi123

Both Parents sponsor for children? I-130 fee?

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Hello All,

I have a question and hope that someone can provide me the answer.

My parents would like to sponsor my siblings (2 sisters and 1 brother). But they are worrying that if just one of them does the paperwork, in the worst situation, the person as petitioner passes away, my siblings will lose their chance.

So we are thinking that both my dad and mom will each filing I-130 forms for the children. But then we consider that if both file I-130s, that means 2 I130 applications for each child, we may end up pay double the fee ($840 instead of $420). That is too much for all 3 kids.

Is that correct calculation? is it possible to pay just only $420 althought 2 I-130 forms filed toward 1 beneficiary? or are there any better way to do this. Please share your thoughts and advices.

Thank you!


05/2006: F1 Visa

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03/2009: Found a job

03/2009: AOS

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$420 per I-130 filed.


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Is one parent sicker than the other? If so have the healthy one file , maybe the younger one ? There is a thing called humanitarian reinstatement when a petitioner dies that might be enough insurance.


This will not be over quickly. You will not enjoy this.

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As suggested previously, you may want the healthier and/or younger one to do the petition.

It's good that they are thinking ahead because a lot of people don't like to think about this kind of stuff and it's always best to be prepared. Of course no one knows when they are going to die, so age and health don't really mean much.

If they are really concerned that one of them may not make it, they should both file. It would have to be a separate fee for each case filed. So 3 children, 2 parents, that's 6 petitions at $420 each for a total of $2520.

The humanitarian reinstatement is definitely an option, but I don't know if you have to prove hardship or if it will be approved just based on the relationship. If you have to prove hardship, I wouldn't risk it, since this is discretionary.

One thing that we haven't asked is, how old are your siblings? Are they well under 21, over 21, or close to being 21? Because if they are well under 21, they can always be re-petitioned if the petitioner dies and the humanitarian reinstatement isn't approved.

If they are over 21, or close to being 21, it's best if they are petitioned by both parents unless you know for a fact that a humanitarian reinstatement is guaranteed based on the relationship. Again, if you have to prove hardship, I wouldn't risk it.

Edited by Ian H.

This does not constitute legal advice.

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Thanks so much All for your replies! Really helpful!

My siblings are over 21 and still single. My dad is healthier than mom, but he drives and generally women live longer than men so it's 50-50.

This is my first time hearing about humanitarian reinstatement. Learn sth new here :). I'm searching it a little bit and find that we can only request that option if I-130 is approved prior to the death of the petition. So it's still risky. It is easier and more simple to just grind my teeth and pay $2,520.

Best!

Edited by Kiwi123

05/2006: F1 Visa

12/2008: Graduation

12/2008: Married

03/2009: Found a job

03/2009: AOS

07/2009: AOS approved

04/2011: ROC

08/2011: ROC approved

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Yeah, if the humanitarian reinstatement isn't guaranteed, it's better to file both. Especially now that they take sooooo long to approve family preference petitions. We have pending F2B and F3 petitions that have been in initial review for over a year.

As for you siblings, you probably are aware that they have to remain single until they become LPR's or their petitions will be revoked. They cannot marry at all even if they later get divorced. If they get married they have to do it after the parents become USC's.

Also are you over 21 and a USC? Because you could petition them as a sibling as well and under that category they could marry. It may be better than having both parents apply since you are much younger. That way you can have dad apply and you. Although it takes longer for siblings, but I just wanted to throw it in there so you can weigh the pros and cons of either of you filing.


This does not constitute legal advice.

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My parents are ready to file for my siblings so I'm pumping this thread for a few more questions:

1- My father is going to sponsor 3 children, can we just send payment for all 3 in 1 check?

2 - Can we send everything in 1 envelope?

3 - Can we send only 1 copy of the marriage certificate or have to send 3 copies, one for each?

4 - My mother is going do the same, can I include her petitions (for 3 children) in my dad envelope too?

Small details but important and make me confused. Thanks for your help!


05/2006: F1 Visa

12/2008: Graduation

12/2008: Married

03/2009: Found a job

03/2009: AOS

07/2009: AOS approved

04/2011: ROC

08/2011: ROC approved

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Yeah, if the humanitarian reinstatement isn't guaranteed, it's better to file both. Especially now that they take sooooo long to approve family preference petitions. We have pending F2B and F3 petitions that have been in initial review for over a year.

As for you siblings, you probably are aware that they have to remain single until they become LPR's or their petitions will be revoked. They cannot marry at all even if they later get divorced. If they get married they have to do it after the parents become USC's.

Also are you over 21 and a USC? Because you could petition them as a sibling as well and under that category they could marry. It may be better than having both parents apply since you are much younger. That way you can have dad apply and you. Although it takes longer for siblings, but I just wanted to throw it in there so you can weigh the pros and cons of either of you filing.

Thanks Ian for the bold info above, will need to let them know. "no marriage is allowed" lol

I am a USC but if I sponsor them the time is looong, really long. When they get here they are already too old to adjust with a new place. So I skip that option.


05/2006: F1 Visa

12/2008: Graduation

12/2008: Married

03/2009: Found a job

03/2009: AOS

07/2009: AOS approved

04/2011: ROC

08/2011: ROC approved

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Each petition is separate , you could mail the in a single package but make sure everything is there in triplicate for each petition. Maybe a big envelope with 3 more in it for each separate ones. C( Or 6 subpackages with everything in triplicate X2 ) I would do 3 (6) checks so that you can have separate proof of payment for each petition.


This will not be over quickly. You will not enjoy this.

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Each petition is separate , you could mail the in a single package but make sure everything is there in triplicate for each petition. Maybe a big envelope with 3 more in it for each separate ones. C( Or 6 subpackages with everything in triplicate X2 ) I would do 3 (6) checks so that you can have separate proof of payment for each petition.

Thank you! :thumbs:


05/2006: F1 Visa

12/2008: Graduation

12/2008: Married

03/2009: Found a job

03/2009: AOS

07/2009: AOS approved

04/2011: ROC

08/2011: ROC approved

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