Family Based Green Card – For Parents (Questions)

[tinyeds]

Situation:

My brother is a US citizen and is currently in India. He is married but separated.

He used to work while he was in US but not working currently for the past 2 years.

He intends to come back to US and start working again.

He is also planning to bring my parents (Immediate Relative) and intends to file Family Based Green Card.

I am his sister and I am on H1B Visa (GC in progress with employer). My other sister is on H4 visa

Questions:

1. Can my brother (Sponsor) file I130 while he is in India (and unemployed) or does he have to be in US (and employed)?

2. Can my brother file I130 while he is in US and unemployed?

3. If my brother does not meet the income requirements to sponsor, can I become a joint sponsor while on H1B visa?

4. How long does it usually take for the I130 to be approved?

5. What is the current priority date for Family Based Green Card for India?

(I can find a category for Parents on the Visa Bulletin. I see only F1, F2a, F2B, F3 and F4)

6. Is there any other Fee/Charges other than the Fee for I130, I485 and Bio Metric ID Fees?

7. Can my parents travel to US on their current Visitor visa while I130 or I485 is being processed?

Any help would be appreciated.

[tinyeds]

can anyone clarify my questions?

[t75]

Only USCs and LPRs can file affidavit of support. As H1B, your funds do not matter. Your brother must be in the US to sponsor; it is for family REUNIFICATION. If he is in India, your parents have no reason to be in the US.

Entering on visit visa with the intent to AOS is illegal as they are stating they intend to return to their home. Unless your brother has significant savings to overcome income requirement, he needs to get back to the US, get a job, and wait a number of years to sponsor so he can meet the financial requirements.

He needs to remember that he is still required to support his wife (and children if they have any) even if they are separated when counting family size for sponsorship.

hese questions are all covered in USCIS documents. Read them.

It appears that it is not your brother that wants your parents in the US, but you and your sister. As guest workers, you have no reason to expect that your parents be able to live in the US with you. This surely looks like an attempt at visa fraud on the part of your parents.

[tinyeds]

"t75",

I appreciate you responding to my questions.

But I would also suggest that you stop analysis the intents of the people who are asking the questions.

There are so many issues going on in everyones family and people are trying to find ways to work it out.

Nothing in my post implies that we want our parents here in US while my brother is in US.

and this was absolutely NOT REQUIRED......

"It appears that it is not your brother that wants your parents in the US, but you and your sister. As guest workers, you have no reason to expect that your parents be able to live in the US with you. This surely looks like an attempt at visa fraud on the part of your parents."

This is my first post on murthy and you gave me a good experience.

Thank You.

[t75]

Your brother in India is a USC.

You are in the US on GUEST worker visas.

Your parents want to move to the US - to be near you and your sister, obviously.

Your bother has a child and wife (even if separated, he is married) in India. He would give up his child so his parents could move to the US to be near you. It seems unlikely that there is any other scenario that as soon as they get to be with you through his sponsorship, he would relocate to India again to be near his child.

If you need your parents near you, you should move home rather than be getting a GC.

On the other hand, you can sponsor them if and when you become a citizen.