I130 questions

[raolankasushelp]

I have a few questions before I apply for I130 for my brother and his family.


1. Do I have to apply individually for his wife and kids? or do they automatically qualify from my brother's application?
2. After I130 is approved, do I need to wait for a VISA number to be assigned?
3. Once the visa number is received, do I need to apply separate I-485 for his wife and kids? or One application will cover the entire family?



Appreciate any help.

[newacct]

1. No (and you can't). You can only petition your brother. The spouse and unmarried under-21 children that your brother has at the time he immigrates, they can immigrate as his derivative beneficiaries.
2. You need to wait until a visa number is available for the category and priority date. Siblings are in the F4 category. If you look at the current visa bulletin https://www.immihelp.com/june-2022-visa-bulletin/, visa numbers are now available for F4 petitions filed more than 15 years ago for people born in most countries (or even longer ago for people born in India, Mexico, or the Philippines). The priority date is the date the I-130 was filed.
3. If they are in the US and in status at that time, they can do Adjustment of Status (I-485). If not, they will do Consular Processing to get an immigrant visa at a US consulate abroad. Most likely, they will not be in the US 15+ years in the future, so they will most likely do Consular Processing.

[raolankasushelp]

Thank you. Appreciated. Do i need to apply individual I485 or just for my Brother?

[newacct]

They will most likely be doing Consular Processing, which does not involve I-485. In the unlikely chance they are doing Adjustment of Status, each person files their own I-485. (Also, it's possible for some beneficiaries to do Adjustment of Status and some Consular Processing, but I won't go into that.)

[raolankasushelp]

Thank you and appreciate the response.