Question on USCIS I-130 and I-130A

[Gem1204]

My wife is filling out form USCIS I- 130 Petition for Alien Relative for her sister and her sister’s husband to come to the united states from Thailand. I read in the instructions that I-130A Supplemental Information for Spouse Beneficiary has to also be completed for the spouse ‘Beneficiary’

If I understand the process my wife is the “Petitioner” and her sister is the “beneficiary”. I’m a little confused by this when the reference to the spouse.

Does the I-130A only apply if the person being applied for is a spouse??

Since the I-130 already has her sister’s spouse’s information do she also have to fill out the I-130A for the husband?

If I posted the thread in the wrong foum or if this is a duplicate post. I tried posting earlier but I was unable to find my post.

Thanks

[newacct]

My wife is filling out form USCIS I- 130 Petition for Alien Relative for her sister and her sister’s husband to come to the united states from Thailand. I read in the instructions that I-130A Supplemental Information for Spouse Beneficiary has to also be completed for the spouse ‘Beneficiary’

If I understand the process my wife is the “Petitioner” and her sister is the “beneficiary”. I’m a little confused by this when the reference to the spouse.

Does the I-130A only apply if the person being applied for is a spouse??

Since the I-130 already has her sister’s spouse’s information do she also have to fill out the I-130A for the husband?

If I posted the thread in the wrong foum or if this is a duplicate post. I tried posting earlier but I was unable to find my post.

Thanks

I-130A is only needed when petitioning a spouse. Your wife is petitioning her sister. So I-130A is not needed.

[Gem1204]

Thanks

We have also included my wife's sister's husband's information on the I-130 and want him to come also. So I understand he won't need an I-130?

[newacct]

Thanks

We have also included my wife's sister's husband's information on the I-130 and want him to come also. So I understand he won't need an I-130?

That's right. Your wife can only petition her sister; she cannot petition a brother-in-law. When her sister immigrates many years down the road, the spouse and unmarried under-21 children she has at that time will be able to immigrate as her derivative beneficiaries.

[Gem1204]

That's right. Your wife can only petition her sister; she cannot petition a brother-in-law. When her sister immigrates many years down the road, the spouse and unmarried under-21 children she has at that time will be able to immigrate as her derivative beneficiaries.

I didn't know that. We were thinking that when she came her husband would also be able to accompany her. The form I-130 has a section for the beneficiary spouse and 3 or 4 other family members. What is the purpose of having to enter that information when they won't be able to accompany her? It seems like a waste of paper... those sections must take up 2 or 3 pages.

[newacct]

I didn't know that. We were thinking that when she came her husband would also be able to accompany her. The form I-130 has a section for the beneficiary spouse and 3 or 4 other family members. What is the purpose of having to enter that information when they won't be able to accompany her? It seems like a waste of paper... those sections must take up 2 or 3 pages.

They can accompany her. That's what I said. The spouse and unmarried under-21 children that the sister has at the time the sister immigrates, will also be able to immigrate with her, as derivative beneficiaries. The sister, who is petitioned, is the principal beneficiary, and the spouse and children are derivative beneficiaries. The derivative beneficiaries are not petitioned, but they can immigrate by virtue of their relationship with the principal beneficiary at the time the principal beneficiary immigrates.

(Also note that the questions about spouses, children, parents, etc. need to be answered because the form asks for it, even if those people are not immigrating, or are already permanent residents or citizens, or even if the principal immigrant is in a category that does not allow derivative beneficiaries.)

[Gem1204]

Thanks and I a apologize for not understanding you answer. I guess I need to learn to read. You've been a great help!