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parkernolita

i-130 petitions for parents and brother

By parkernolita in Bringing Family Members of US Citizens to America

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parkernolita Newbie

parkernolita   0

Posted
Filed: Citizen (apr) Country: Vietnam
 Timeline
Posted

Hi everyone,

I just filed i-130 petitions for my parents and brother (and his family). I think I have filed all the paperwork. In each application I filed the i-130 form, my certificate of naturalization, my birth certificate and the relative's, my parents' marriage certificates. My questions are follows:

1. I have received the i-797C receipts. Is there anything else I should be doing at this point? Anything else my relatives need to do?

2. Will they be able to travel to the US under tourist visas in the mean time? For my parents I understand the wait time is pretty short (6 months ish), but I have been told for my brother and his family it could be 12 years plus. Is there anyway for him to visit while waiting? And more importantly,

2a. My brother has 3 kids. The 2 older ones are currently in boarding school in the US, but they will need to go home next summer, and when they go to renew their student Visa they will need to say a immigration petition is being filed for them right? Then will it affect their renewal of their student visas?

Thank you very much in advance for your help.

KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

They can apply for tourist visas with an i130 pending; up to the border\airport CBP officer whether to grant them entry. Student visas require non-immigrant intent, and a pending petition may have an effect on student visa renewal, but unlikely; will be up to the CO.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

1. Review the I-864 requirements and the DS-260 requirements. Nothing for your relatives to do at this time.

2. If they already have visitor visas, they can travel to the US. Many people with visitor visas have traveled to the US with pending immigration petitions.

2a. There are no immigration petitions for the kids. You filed for your brother. The kids are potential derivative beneficiaries. In all likelihood, they will be over 21 and not be eligible for visas when their father gets one in 13 years. You filing for their father has no affect on them.

Boiler Grand Master

Boiler   45,670

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Being at boarding school I think it is fairly same to assume that they will age out. I would expect it to be nearer 20 years for a new sibling petition.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

parkernolita Newbie

parkernolita   0

Posted
Filed: Citizen (apr) Country: Vietnam
 Timeline
  • Author
Posted

Thank you all for your quick reply. I do realize my older 2 nephews will age out by the time my brother can get the green card, but it is very good to hear that the petition will likely not impact my nephews' student visa renewal next year.

As for the affidavit of support, when do I need to file it? I didn't see it in the list of documents to file with the I-130.

Thanks again.

Boiler Grand Master

Boiler   45,670

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Affidavit only comes into play much later down the road.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Nory Newbie

Nory   0

Posted
Filed: Citizen (apr) Timeline
Posted

Hi

I'm planning on bringing my parents here but there's some issues with their birth certificate especially my dad. In my birth certificate he doesn't have his full first name and the middle name was wrong. Would it be possible if I have an affidavit saying his name in my birth certificate is wrong and was a typical error and attached documents like his birth certificate , baptismal and marriage certificate showing the correct name. Would that be ok? I'm scared that the petition will be denied because of this. Please help :(

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

Hi

I'm planning on bringing my parents here but there's some issues with their birth certificate especially my dad. In my birth certificate he doesn't have his full first name and the middle name was wrong. Would it be possible if I have an affidavit saying his name in my birth certificate is wrong and was a typical error and attached documents like his birth certificate , baptismal and marriage certificate showing the correct name. Would that be ok? I'm scared that the petition will be denied because of this. Please help :(

You are highjacking the original poster's thread. Please start your own.

To answer you question an affidavit will not help. They need to get the original document (birth certificate) fixed. This is one of the main ways the US government knows a person's nationality. Get your father's birth certificate corrected immediately.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

 
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