Petition for my brother, his wife, step daughter and their daughter.

[Lornaevo 48]

Hi guys, I’m back and I need a bit of help. I’m a US citizen and would like to petition for my brother and his family. I’m not sure if this is doable. He’s married and they have a daughter together. And his wife has a daughter from a previous marriage. Would I be able to include all of them on the I-130? 

[Boiler 43,396]

You petition your sibling

 

Spouses and minor children are dependents and that is a  factor when the priority date is current.

[Lornaevo 48]

1 hour ago, Boiler said:

You petition your sibling

 

Spouses and minor children are dependents and that is a  factor when the priority date is current.

I would still need to include them on the i-130?

[Boiler 43,396]

Without looking not sure it asks? If it does yes.

[Lornaevo 48]

Now I’m even more confused. 

[belinda63 2,981]

I believe the question is worded something like list all children. So you would list all the children of your brother including the step-child if the child was under 18 when they married.

Whether the children will be eligible to immigrate as derivatives will be determine when the priority date is current.

[SusieQQQ 11,584]

3 hours ago, Lornaevo said:

Now I’m even more confused. 

You list whatever family members the form asks you to list. At the time a visa is available they will determine who is eligible as a derivative. This may or may not be the same people listed now. 

 

At the time a visa becomes available (actually slightly earlier when it’s time to submit documents) family members are reassessed. There could be changes in spouse (marriage if someone was single, divorce if they were married, remarriage etc) and there could have been new children born in the interim. Any such changes should be made at that stage. In addition if there are children they will calculate whether or not they have aged out. You don’t worry about that now. You list what the i130 asks you to list now and worry about any of these factors much later when they become relevant.

[aaron2020 11,651]

6 hours ago, Lornaevo said:

Hi guys, I’m back and I need a bit of help. I’m a US citizen and would like to petition for my brother and his family. I’m not sure if this is doable. He’s married and they have a daughter together. And his wife has a daughter from a previous marriage. Would I be able to include all of them on the I-130? 

You file only an I-130 for your brother.   On the I-130, you list his current spouse and ALL his children.  His spouse and children are POTENTIAL derivative beneficiaries.  When your brother becomes eligible for a visa in about 14-15 years when his Priority Date becomes current.  At that time, his spouse and unmarried children under CSPA age of 21 will be eligible for visas as his derivative beneficiaries.  There is NO WAY to know ahead if a child who will be over age 21 when the PD becomes current will be eligible for a visa until that time. 

How old are your brother's daughter and stepdaughter?

[Lornaevo 48]

8 minutes ago, aaron2020 said:

You file only an I-130 for your brother.   On the I-130, you list his current spouse and ALL his children.  His spouse and children are POTENTIAL derivative beneficiaries.  When your brother becomes eligible for a visa in about 14-15 years when his Priority Date becomes current.  At that time, his spouse and unmarried children under CSPA age of 21 will be eligible for visas as his derivative beneficiaries.  There is NO WAY to know ahead if a child who will be over age 21 when the PD becomes current will be eligible for a visa until that time. 

How old are your brother's daughter and stepdaughter?

14-15 years? Wow. His step daughter is over 18. And his daughter is 6. 

[Boiler 43,396]

10 minutes ago, Lornaevo said:

14-15 years? Wow. His step daughter is over 18. And his daughter is 6. 

That is how long people getting to the front now have waited, how long the wait will be for those applying now is an unknown, well the line is longer. The 6 year old may be eligible, will be close. But she will be in her 20's by then and may have her own plans.

[aaron2020 11,651]

15 minutes ago, Lornaevo said:

14-15 years? Wow. His step daughter is over 18. And his daughter is 6. 

14-15 years is how long people who are currently eligible for visas have been waiting.  The wait used to be shorter by a few years and it seems that the wait is getting longer.

Was his stepdaugther under age 18 when your brother married her mother?

[Lornaevo 48]

39 minutes ago, aaron2020 said:

14-15 years is how long people who are currently eligible for visas have been waiting.  The wait used to be shorter by a few years and it seems that the wait is getting longer.

Was his stepdaugther under age 18 when your brother married her mother?

Yes. When they got married his step daughter was maybe 11. 

[SusieQQQ 11,584]

Your main hope for the kids will be that the petition ends up at California or Nebraska service centers where they take many years to approve the i130. The longer that part of the process, the more protection the children have from aging out under the Child Status Protection Act. Even with that the stepdaughter probably won’t make it but then again, she’ll be in her 30s with her own life by then, and might even be married which would also disqualify her from derivative status.

 

 

[Lornaevo 48]

3 minutes ago, SusieQQQ said:

Your main hope for the kids will be that the petition ends up at California or Nebraska service centers where they take many years to approve the i130. The longer that part of the process, the more protection the children have from aging out under the Child Status Protection Act. Even with that the stepdaughter probably won’t make it but then again, she’ll be in her 30s with her own life by then, and might even be married which would also disqualify her from derivative status.

 

 

Let me throw a wrench in it, what if my mom did the petition? Would this speed up the process?

[Boiler 43,396]

If she is a US Citizen yes.