F-1 student trying to apply for adjustment of status under permanent resident father

[jake135]

Good evening; I am confused and I urgently need some help to fill the forms required for adjustment of status.

I am an international (F-1) student trying to apply for adjustment of status (AOS). My dad got the green card through my brother (married to a US citizen) and has filed form i-130 on my behalf. We received the receipt i-797 about a week ago. I first came in the US as a visitor in 2014 then went in Canada to request a student visa in 2015. They granted me an F-1 visa which has expired the same year, but I am still legal in the US because of my I-20s (I have been legally attending college). Now that we received the receipt for form i-130 I would like to apply for AOS. I would be really grateful if somebody can assist me in my application.

Here is a list of important things to know before I ask you my questions:

1-I live in a different state than my dad.
2-My dad started working at the end of last year and does not make enough to pay taxes.
3-My (adult) big brother who makes enough is okay to be a joint sponsor and he lives in the same house as my dad.


Here are my questions:

1- Can my brother be the principal sponsor on the affidavit of support form i-864? If not, can my father be the principal sponsor even though he has never filed any tax ?

2- Am I the principal or derivative applicant on form I-485 ?

3- Can I apply for an Advance Parole in form i-131 even if I do not have urgent reasons to go to my country (just to be on the safe side) ?

4- I choose "no" for item 2 part 2 of form i-485 "Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245(i)? "Does that mean that I must not file Supplement A ?

5- Any other tips such as "how to properly gather all forms for shipping will also be appreciated.".

THANK YOU IN ADVANCE!

[Enub4]

How old are you?
If you are 21 or older and not married I think you qualify for F2B and you will not be able to submit I-485 for 5 years or so.

[NYC/She]

1.You are not 245(i) INA this is only for people coming before April 30, 2001 without inspection!
2. I-130A it’s not necessary!
3. Your father must be principal sponsor and your brother joint sponsor. I think, but this one I am not sure.
4. You cannot sent I-485 form untill a visa will be avaliable. Check a Visa bulletin . It’s might a very Long wait.
5. It’s option your brother can sponsor you too but it’s a 11 years wait time!
Your Category is F2B and you have to wait until a visa is available! It’s depends what country are you from!

[NYC/She]

How old are you?
If you are 21 or older and not married I think you qualify for F2B and you will not be able to submit I-485 for 5 years or so.

I agree. I am not sure how long because it’s depends what country is she from. It’s a very long wait time untill visa bulletin is available for her.
She cannot file I-485. I think she needs to go to lawyer or she have to read to understand all process. It’s not fast how she thinks. AOS current is only available for a us spouse, and US parents, children under 21.
I think LPR spouse is current now but this category have to watching all the time in visa bulletin.