World Journal Weekly Q & A - January 30, 2011

Q & A 1.

Q&A 1.

How to Apply Siblings to Immigrate to the U.S.?

Zhao reader asks:

My husband is a U.S citizen, he wants to help his brother's family and sister's family to immigrate to U.S.  from China.
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Questions:
How long does it take for them from their application get approval? How much they need to pay? What is the cost per person approximately?  What documentation does my husband need to prepare? What documentation do his siblings need to prepare? Besides application fee, what other fees should my husband to expect? Do I have obligation to be sponsor for his siblings?

Dear reader:

1. Currently persons who put in an I-130 relative petition under the F-4 category for siblings of U.S. citizens by January 1, 2002, will have visa availability in January 2011.  Waiting times can go up and down, but your husband should think in terms of 10 years.  Insofar as how long it takes U.S.C.I.S. to approve an I-130 petition in this category, the agency does not put much priority here since the waiting time is so long.  However, from our experience, we are aware that U.S.C.I.S. has completed many cases up to the middle of 2009 with exceptions. 
2. The current cost of the I-130 petition is $420.  That fee only applies to the principal alien and not the dependents. 
3. Your husband needs to prepare his notarial certificate of birth along with that of his brother and his sister.  His siblings' proof of marriage and birth notarial papers of the children can also be included, but are not required.  He will also have to provide a copy of his proof of U.S. citizenship. 
4. Following the I-130 approval, the petition will be housed in the National Visa Center for a number of years prior to the next step, collection of the fee bills.  Presently an affidavit of support fee ($88) is required for both his brother and his sister, and  each family member to immigrate is required to pay $404.  When they are finally interviewed in approximately 10 years, his brother and sister and each member of their families will have to pay an additional Department of Homeland Security immigrant visa processing fee.  That fee is currently $165. 
5. If your husband has sufficient income and assets by himself without referring to you, he can sign the I-864 affidavit of support form and you would not have to sign as a co-sponsor on form I-864A.  As the I-864 is a contract between your husband, the government, and his sibling, you would not be liable unless you signed the I-864A.

Copyright © 2003-2012 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.