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In order for you to successfully adjust your status from a nonimmigrant visa, you would have to be here legally on a previous visa, such as your student visa. The problem is that the process for sibling visas take 15 to 20 years. And there is no way to speed it up or bypass that wait. You will not get a green card based on your brother filing for you simply because you are already here on another visa. The process will still take 15 plus years and there is no way to remain on a student visa for that long. So to answer your question, your brother can file for you, but you will not immediately obtain any legal status and once your student visa is done, you will have to leave and wait out the rest of the years out of the US.

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If your son is not a US citizen, the no. Only US citizens can have a US passport.

First question I have is, where did your second marriage take place? If it is from a country that doesn't recognize divorce, it will add so much more complexity to this. But the first thing you should do is withdraw your I-130 application. It is best for you to withdraw it and do everything to fix this rather than to have USCIS or the embassy find out. Because you may get hit with a material representation which could lead to a ban. After you withdraw your I130 case immediately, you should go through the formal process of divorcing both wives. Getting divorced from your first wife is critical at this point. Once everything is free and clear, you can remarry your second wife and officially file. This is not going to be fast nor easy. Your new wife will not be able to immigrate through you until you get this situation with your first wife figured out. This may very well take a couple of years to remedy.

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Inviting your parents to come to the US is not an official process for immigration. You just invite them and that is it. And you don't apply for their visa. That is not a thing. Your parents must apply on their own. Make sure they provide enough evidence that they have strong ties to their home country when applying. Also, they should start research wait times to get a visitor visa interview. Some embassies are still struggling with backlogs since Covid. There have been reports of Embassies in certain countries not having appointments available for over a year. Their visitor visa interview may be pass the date you get married.

Sorry to hear about your father. I don't know if it would definitely make him inadmissible, but it will likely be a topic of interest. Especially in regards to who will cover the cost of medical treatment. The last thing an immigration officer wants to see is an immigrant that has a high potential to become a public charge. Does he have insurance?

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Yes, of course you can. As long as you have a valid visa to enter. There is already a massive thread on this subject at the top of this forum.

Interesting read. The topic on fraud with N400s and false claims of disabilities really raised an eyebrow for me. Didn't know that it was that prevalent.

That is fraud. Please get the idea out of your head. The requirements for a K1 is that you must be unmarried in any capacity when you enter the US with that visa. They can come after your fiancé later and/or deny other immigrations processes, like Removal of conditions or even citizenship, if they find out they knowing entered the US on a K1 while being married. And immigration can check at any time. If I had time I would also search and share cases on this site where it was discovered later that the beneficiary entered with a K1 while being married.. Do not go down this rabbit hole of deceitfulness. And to be frank here, if this is such a big deal for you and your fiancé, it may have been better for you to have gotten married in your fiancé's country and did a spousal visa. This seems to be an important issue and it should have been taken into consideration when deciding on which visa to do. Fortunately, you still have options: 1. Cancel your K1, go get married in your fiancé's country, then start over with a spousal visa. 2. Continue with the current K1, complete the marriage in the US and have your new spouse obtain a green card. Return to their country and have another wedding there.

@Gabriela Gaghana, as someone who has been on these forums for a long time and have seen a few things. Please do not do this. It is not worth it. Too many people have been denied because of it (please see some examples below). People have even been denied for having a engagement ceremony which is not an official marriage. So any type of formal ceremony of the union of a couple is risky to a K1 visa. @biscoito1r, you have to understand what others are trying to tell you. It doesn't matter if the ceremony is official or not, if an immigration officer suspect it to be a marriage it can lead to a denial. But the OP specifically asked about legally getting married prior to the K1, which is a no-no for that visa. Also, Mike E provided evidence of people being denied for doing that very thing. Have you read that thread he posted? If that doesn't convince you it is not a good idea for the OP to get married before their K1, here is more proof of people who did it and got denied.

It is still a risk. Denials for extensions for that long are not uncommon . We know that CBP frown upon people staying longer that needed and are quick to deny entry or extensions. Also, "She just wants to be around her daughter and grandkid longer" may not be a viable reason for an extension to live an entire year. A better, less risky option would be for the MIL to break up her visits into shorter visits. Because even if she gets approved for the extension, they would likely not allow her entry again for a while. So your MIL may spend a year here now, but then would have to stay away for maybe over another year or 2. The general rule of thumb is to stay 1 to 1.5 days outside the US for every day you are in before returning. You don't want to risk having your MIL losing her ability to travel again in the near future.

Tourist visa is not an option because that would be fraud. You can not use a tourist visa to immigrate, hence the reason why it is only for tourism only.

Ah, yes. I must have confused the two. Thanks for clearing that up and great advice for the OP.

Your mother is not eligible for Medicaid as she has not paid into it. New immigrants are not eligible for Medicaid until 5 years have passed. This is where you come in as her sponsor. You had to show you will provide for her when you applied for her as per you affidavit of support. Yes, we are aware of the high cost of healthcare for elderly. We have seen this scenario numerous times on VJ. Unfortunately, like many others before you, you are getting the sticker shock. You, or rather your mother, may have some reprieve. There are numerous healthcare options that are affordable. Many are state level. But try to stay away from federal benefits like Medicaid as it may cause problems down the road.

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Actually, since the spouse is a permanent resident and not a US citizen it will be well more than a year. It will likely be over 2 years.

Everything you need to know is in the guide section mentioned above. Word of advice, always try to learn all the steps from beginning to end before starting a journey. This will allow you to know what to expect and prevnet any unforseen circumstances. The guides on VJ can be read in only a few minutes and it has everything from applying for a visa to citizenship.

The K3 is practically dead. Hardly even issued anymore. It would be the CR1 that is the best route. All your other advice is good.

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