Sister (U.S. Citizen) Wants to Bring Bolivian Husband and Children to Live in the U.S.

[pmuno007 0]

Hi all,

 

I am a female U.S. citizen in my 30s who has lived in the United States for less than 5 years. I reside in Bolivia with my Bolivian husband, and my three children. The eldest is a U.S. citizen by birth, but my two younger children are Bolivian citizens, born in Bolivia. I am seeking guidance on the process of obtaining green cards for my husband and two kids, to facilitate their potential future residence in the United States.

 

I had a brief conversation with a lawyer who gave me the following information:

• I need to file an immigrant visa petition via form I-130 for my husband and 2 kids (I can't do a Consular Report of Birth Abroad since I've lived in the U.S. for less than 5 years)
• This can be done online from Bolivia and I would need to be interviewed in the consulate in Bolivia
• Initial documents that need to be translated to English before submission
  • Proof of me being a U.S. citizen
  • Proof of relationship to children: birth certificates

  • Proof of relationship to husband: marriage certificate

• The initial cost is $510 per application (total for husband and 3 kids would be $1530) and another $500 per case before the interview (total $1500)

• Before the interview, I need to provide proof that I have intention of moving to the U.S.

  • This includes a residence and a job

• Time from application to interview can be 1.5-2 years

 

Questions:

1. Is the above information accurate and is it missing anything?
2. Is it recommended to hire a lawyer to file the I-130s and guide me through the process or should I do it myself? I don't have a lot of money, but if needed, I can try to come up with the money for a lawyer.
3. I don't want to separate from my family, if possible. How many months before the interview should I get a U.S. job and a U.S. residence?
4. Would my name showing up on an apartment lease be enough to prove U.S. residence? My brother lives in the U.S. and he can likely get me into his current lease.
5. Can you send me a link to a guide to file the I-130s? I was told there is one on this site, but I wasn't sure which one to follow.
6. I was told there would be other documents that would be requested from me before my interview. What documents are these? If these are in the guide provided for 5, disregard.

 

Thank you for all the help in advance.

 

 

 

[SalishSea 18,561]

41 minutes ago, pmuno007 said:

Would my name showing up on an apartment lease be enough to prove U.S. residence? My brother lives in the U.S. and he can likely get me into his current lease.

No, that is inadequate evidence of domicile.  Especially since it would obviously be fake - adding your name to a lease where you do not live.

[JeanneAdil 7,273]

online filing fee is $625 for each I 130 (  3 persons -1 petition for each person that is not a USC)

You need US passport for the 1 child 

the NVC fees for the ds  260 and I 864 at the 2nd stage are $325 and $120 for each person

 

when visas are approved there is a processing fee for the green card $235

 

you will need either US income or a qualified sponsor

it is best to enter the US and establish residency ahead of this process 

 

Link to the I 130 

https://www.uscis.gov/i-130

 

I would read thru the instructions before filing out the form

you will not have a  US office / it will be Boliva / don't make the mistake when u get to question 61 / make sure its answered as Boliva 

 

the guides above (guides in the blue bar) will help you 

 

Edited 14 hours ago by JeanneAdil

[pmuno007 0]

14 minutes ago, SalishSea said:

No, that is inadequate evidence of domicile.  Especially since it would obviously be fake - adding your name to a lease where you do not live.

Oh I meant if I move with my brother before the interview, would this be sufficient proof of residence, or what other documents are needed to prove I live in the U.S. (besides having a job)?

15 minutes ago, JeanneAdil said:

online filing fee is $625 for each I 130 (  3 persons -1 petition for each person that is not a USC)

You need US passport for the 1 child 

the NVC fees for the ds  260 and I 864 at the 2nd stage are $325 and $120 for each person

 

when visas are approved there is a processing fee for the green card $235

 

you will need either US income or a qualified sponsor

it is best to enter the US and establish residency ahead of this process 

 

Link to the I 130 

https://www.uscis.gov/i-130

 

I would read thru the instructions before filing out the form

you will not have a  US office / it will be Boliva / don't make the mistake when u get to question 61 / make sure its answered as Boliva 

 

the guides above (guides in the blue bar) will help you 

 

Thank you for the guidelines and cost information. Would this be the guide to follow for both my spouse and children (even if I live in Bolivia currently)?

 

US Citizen lives in the US & Spouse lives overseas:
----- Option 1:  CR-1 / IR-1 Spouse Visa and I-130 Petition Guide

 

Because I don't think this one applies since I did not live in the U.S. for 5 years:
 

US Citizen and Spouse both live/reside overseas:
-----  Direct Consular Filing Information

[appleblossom 5,035]

You don’t usually need to move ahead of your family, just to prove you intend to - proof of property/job searches (you don’t have to actually have them in place), school enquiries etc. 
 

The whole process is set out step by step here - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html Read it super carefully, no need for a lawyer. 
 

That link also gives you the info you need on fees (don’t forget to add in costs of medicals, document fees etc - maybe another $500 per person as a rough guide), the required documents etc. 
 

Best of luck. 

[appleblossom 5,035]

**Thread moved to IR-1 forum, as you’ll be applying for IR-1/2 visas**

[S2N 507]

If you plan on moving in with your brother, him adding you to the lease would be the normal, legal, and expected thing. Yes, it’s good evidence of intent to relocate, not sure why you’ve been told otherwise as “draw up a lease with family” is standard advice we give. This is the equivalent of that if the family rents and doesn’t own.

 

In all honesty, I don’t think you’ll really need all that much. I’d be shocked if the consulate in La Paz is a stickler about domicile proof.  There’s not that many people with USC children and family in the U.S. who want to use a green card as a way to work in the U.S. while living in Bolivia 180+ days a year. It’s far enough away that’s not practical. Montreal and a lot of the other English speaking consulates tend to be stricter.

 

@appleblossom gave good advice, but also worth noting you won’t need it until the visa interview stage, so you have 1 year+ in order to get everything in order.

Edited 10 hours ago by S2N

[Boiler 48,062]

Is your Brother going to be the Joint Sponsor