Brother GC Issue

[ketkar]

Hello,
My brother (in India) is in the process of divorce. It could take 1-2 years.

Should I wait for his divorce before filing his I-130 for GC?
If I file now, mentioning his current marital status as married how can I update the status after his divorce? Is that going to delay the paperwork?

If after divorce he remarries then do I need to re-update his status? If yes, then how, where and which forms are to be used?


Please advise the best way forward.

Ket

[daru786]

Don't wait a day and file for his I-130. The process is 9 years plus and the period may become lesser of longer.
Once his I-130 is approved (4 to 5 years) he will have to wait for a visa number to be issued to him, which takes another 4 to 5 years. At that time, whom ever he is married to if he is not single can come along with him, plus the kids.

All the Best !!!!!!!!!!!

[ketkar]

Brother GC Issue

Don't wait a day and file for his I-130. The process is 9 years plus and the period may become lesser of longer.
Once his I-130 is approved (4 to 5 years) he will have to wait for a visa number to be issued to him, which takes another 4 to 5 years. At that time, whom ever he is married to if he is not single can come along with him, plus the kids.

All the Best !!!!!!!!!!!

Thanks,
In I-864 names of family members of principal immigrant (brother) are required.
Given the impending divorce (1-2 years) and possible future remarriage what should one do for this question, Part 3. Q 9.

Likewise on I-130 what do I fill for Q17 Part C on information about your alien relative's family members?

Thanks,
Ket

[daru786]

Lets start all over again!
Is it your first time filing for your brother? If yes then you only file I-130 and nothing else.
I-864 is when his petition is approved and a visa number is available to him, that's once again 9+ years.

On the I-130 form, just fill out his current wife's and kids names at this moment as the divorce has not been finalized. You have to show his status as married since he is not divorced yet.

Thanks!