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Who should file I 130

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  • Who should file I 130

    Dear PraetorianXI

    Need your advice .

    Brother US Citizen. Mother LPR.

    Will it be wise for the Citizen brother to file I 130 for his unmarried sister ?

    Or the green card holder mother should file I130 for her unmarried daughter.

    Thanks in advance for your kind advice.

  • #2
    Siblings petitions take the longest time, they are 4th category. Usually around 15 years or more...

    The best if for the LPR mom to file for her daughter, she would be on Category F2B. Her mom can upgrade the petition to F1 when she becomes a citizen.

    The daughter should NOT marry until her mom becomes a citizen and upgrades the petition, otherwise the petition will be voided/cancelled.

    Here is the visa bulletin with more information: http://immihelp.com/greencard/visabu...march2008.html
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Family based greencard

      Dear PraetorianXI,

      Many thanks for your kind advise.

      I understand that waiting years for F2 category is lesser than F4.
      But if LPR mom applies for unmarried daughter, & subsequently the daughter gets married , the application becomes void.

      Is it possible that the brother applies for the sister & the mom also applies for the daughter seperately ?

      Reason, if the application by the mom gets void due marriage of the daughter, the brother's application remains active with the
      priority date at the time of submitting application.

      Another advise please.
      When the brother applies for the unmarried sibling, what happens if the siblings gets married subsequently ?



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