Son Visiting Father and approved i130

[mmjanab]

Dear members,

I'd like to get your opinion on this situation: I am in states on work visa (currently on AOS), my father is US Citizen and we are living together. We would another family member (my brother) to come visit us this summer, here are the details

1. My brother has jobs, business and property back home.
2. My father filed i130 for him which is approved but priority date is at least 7 years behind, it is crawling for F3 category. Is there a problem to visit US while i130 is approved?
3. My brother has decent bank statement but not greatest, can I and/or my father co-sponsor his visit?

Please advise.

[Libra_14]

1. My brother has jobs, business and property back home.

Good

2. My father filed i130 for him which is approved but priority date is at least 7 years behind, it is crawling for F3 category. Is there a problem to visit US while i130 is approved?

Yes, he will be suspected as potential immigrant.

3. My brother has decent bank statement but not greatest, can I and/or my father co-sponsor his visit?

Usually B2 visits are better self sponsored. You can be co-sponsor, but it won't be legally bound on you, so its useless.

[daggit]

Look at it this way.. you came to the US on a nonimmigrant visa.. and decided to change status. Wouldn't your brother similarly be seen by a CO as intending to do the same?

It will be next to impossible for him to get a visit visa with an immigrant petition pending.

[mmjanab]

Look at it this way.. you came to the US on a nonimmigrant visa.. and decided to change status. Wouldn't your brother similarly be seen by a CO as intending to do the same?

It will be next to impossible for him to get a visit visa with an immigrant petition pending.

I came here on work visa which allows you to have dual intent. My brother, on the other side, is coming just to visit and his priority date is like 7 years in backlog. There's no way he can file for adjustment of status at least for another 5 years.

[daggit]

The point is, you filed for AoS; others can be viewed as potentially doing do as such.

Is your brother of marriageable age.. or married?

[mmjanab]

The point is, you filed for AoS; others can be viewed as potentially doing do as such.

Is your brother of marriageable age.. or married?

Already married with kids. And he is planning on coming here with entire family.

[Libra_14]

Already married with kids. And he is planning on coming here with entire family.

That shows another point that since all other family members are already in USA & pretty stable, there are high chances your brother will also stay there, because his immediate family (spouse & kids) are also travelling along with him in USA - leaving no one behind in his home country.