I-130 for married brother with children

[olroyda 0]

Hello all, I desperately need advice. This is my first time filing for I-130 for my married brother and also married sister (Filed for both of them on March 2022). I misunderstood the I-130 process, I thought that once my brother's I-130 is approved, his sons and wife are automatically approved as well. I did not know that the wife and the sons each need to have their own I-130 filed by my brother once he  will be here. Now my problem is that, my brother is from Philippines, so the I-130 timeline will be more than 10 years and once that time comes, my nephews will be 26 and 27 years old. Is there a way that my brother's wife and nephews will be able to come at the same time? I appreciate your response.

[Dashinka 23,375]

As far as I know, the F4 allows for derivatives, so a spouse would be covered (no additional I130 needed).  The issue will be your nephews as they will most likely age out before your sibling(s) I130 is ready.  I am not completely familiar with CSPA, so if I were you, I would research it thoroughly.  Regardless, there is no visa class for nieces and nephews, so if CSPA does not protect them, then your sibling(s) when they get their F4 visas and become LPRs, they can apply for their children unless the children are now married which would require your siblings to wait until they become USCs.

 

https://www.nolo.com/legal-encyclopedia/how-the-cspa-helps-family-based-preference-relatives-derivative-beneficiaries.html 

[Boiler 43,745]

They will more likely be 46 and 47.

 

You sponsor your sibling, spouse and minor children come into the equation when the priority date is current 

[belinda63 2,981]

You have about 20 years to wait, might be longer as time goes by. At the time the priority date becomes current you can add spouses/children to the petition as derivatives you do not need to file for them separately. Most likely the children will age out and the parent(s) will have to file for them after they obtain LPR status if the children are not married or USC status if the children are married. 

[SalishSea 16,900]

22 hours ago, olroyda said:

the I-130 timeline will be more than 10 years

No, more like 20 years.

[pm5k 127]

One suggestion is for them to study a field that is in demand in the US.  Nursing and Physical Therapy are apparently exempt from the labor determination process.

[olroyda 0]

I can’t believe it’s 20+ years waiting. This is just frustrating. I’m having my sister (31) go back to school for nursing so maybe she can apply to work here instead of waiting. And for my brother’s case, they have a back up plan after I told them the situation. His wife is a teacher and will apply through her profession. My 2 nephews will be in college this yr and next year, one will take nursing and the other one will be medtech. My sister’s daughter is 8 years old, I was planning to adopt her, I’ve read about adopting relatives must be under 16 yrs old but the question is, will I need to live in the Philippines for 2 years before I can adopt her? I mean this does not make sense.

thank you all for the response 

Edited February 13, 2023 by olroyda

[Boiler 43,745]

Looks like you want to bring over 7 people, explains why there is a long wait.

 

You want to adopt a nice whose parents are alive? Being able to do so would be a matter for local law, then wanting her to immigrate would be something you need to discuss with an Immigration Lawyer.

[olroyda 0]

Yes I want to adopt my neice cause she will be 28 when the visa gets approved. She’ll be left behind. And yes, I want all my siblings and their families to be here. Thanks for the recommendation, I will consult with an immigration lawyer.

Edited February 13, 2023 by olroyda

[Boiler 43,745]

This is your sisters child, if she is coming as a nurse she can bring her daughter..