Filing I-130 and I-485

[shantonu05]

Happy New Year to all Forum members.

I have a query.
Sister is a US Citizen. Her brother with wife and children are now in US on Tourist Visa. Sister wants to file I-130 for the brother under category F4.
Questions are:

1. Can the sister simultaneously file I-130 and I-485 ?
2. If the sister files only I-130 can the brother legally stay in US for indefinite period?

Any feedback will be highly appreciated.

Thanks.

[mariejm]

No to both questions , as F4 category is not current (ie priorty date). The wait is pretty long, about 10-13 yrs depending on what region you are from.

[shantonu05]

Many thanks for the feedback