I130 and Family Green Card processing

[sand1p]

I and my wife are both US Citizens. My wife would like to file an I130 for her parents (in India) and she also has a brother who is 19yrs of age.

Filing for her parents seems very clear. An I130 and an Affidavit of Support, and in roughly within a year they are here.

- I guess its not a good idea for them to travel to the US on a tourist visa while an I130 is pending? Am i right?

What about her brother? Like I said he is 19yrs old. I understand if at some point he gets married, then there is longer wait.

- If I apply now, the wait time is about 11 - 12 yrs from now, right?

My thoughts from reading things everywhere, is that it makes sense to wait until my wife's parents become US citizens and have them apply for their son (keeping in mind he doesn't get married). Or is there a quicker process other than the one's described above.

[immihelp]

If they already have tourist visa, there is no problem in visiting the U.S. while I-130 is pending.

Your wife applies for her brother - Around 10 to 11 years now.
Your wife applies for her parents - Around 1 year. Then her parents come to the U.S. and wait for 5 years to apply for citizenship. They get it in around 1 year. They apply for their son. Another 6 years, if he is not yet married. Another 9 years, if is married. That is, either 12 or 15 years.

Therefore, applying now is better.

[sand1p]

I have a follow up question to all this.

Im ready to file my in-laws and brother in-laws i130. As I understand it, my-laws will be here within a year, and my brother in-law will be here within 10yrs (max).

What if I file the i130 now, and wait till my in-laws receive their green card, and have them apply(as lawful permanent res) for their unmarried son. That should make the process quicker right? I have heard this process takes 4yrs.
If I follow this route, should I file his i130 now or wait till their in-laws come first.

Sandip

[daru786]

I have a follow up question to all this.

Im ready to file my in-laws and brother in-laws i130. As I understand it, my-laws will be here within a year, and my brother in-law will be here within 10yrs (max).

What if I file the i130 now, and wait till my in-laws receive their green card, and have them apply(as lawful permanent res) for their unmarried son. That should make the process quicker right? I have heard this process takes 4yrs.
If I follow this route, should I file his i130 now or wait till their in-laws come first.

Sandip

No harm in filing an I-130 for him as a back-up plan. If he get married, the parents petition will be canceled and you will have to start all over again. Now if you file and I-130 for him through your wife, and gets married, the petition will not take longer, ITS THE SAME! In fact its better as he can bring his wife and kids along too!

[sand1p]

Thanks. Ill file his i130 now.

So once my in-laws are here and they receive there green card, do I have to fill out an Adjustment of Status form for him, to bring his file forward or is there another form.

[daru786]

Thanks. Ill file his i130 now.

So once my in-laws are here and they receive there green card, do I have to fill out an Adjustment of Status form for him, to bring his file forward or is there another form.

They will have to file a separate I-130 for him. Once his PD is current and he is lawfully present in US, he can file for AOS.