Addding Married sister to current GC application.

[manichandra]

Hi, I am on H1B visa. I recently got married and brought my wife in March on H4 visa. So, she has been here from past 6 months. My wife's brother applied for GC on EB-1 long time back and it is now almost current. So, my questions are

1. Can I add my wife to his application now or is it too late?

2. Is there a specific time period that she needs to stay in US before we add her to her brother's GC application?

Thank you all in advance.

[pontevecchio]

She still will have a wait of 11.5 years after her brother becomes a citizen and you folks will have to maintain your own status till then.

[BigJoe5]

There is NO such category. The sibling of an employment-based immigrant does not qualify for a visa based on that family relationship. You are utterly confused.

ONLY US Citizens can petition for a sibling and it takes a minimum of 10 years (probably longer) for that family based visa to become available.

[JoeF]

Hi, I am on H1B visa. I recently got married and brought my wife in March on H4 visa. So, she has been here from past 6 months. My wife's brother applied for GC on EB-1 long time back and it is now almost current. So, my questions are

1. Can I add my wife to his application now or is it too late?

Huh? It is his GC application, not hers. Siblings are never added to a GC application.

2. Is there a specific time period that she needs to stay in US before we add her to her brother's GC application?

She is not added anywhere.

Once her brother becomes a US citizen (he becomes eligible for that 5 years after getting the GC), he can sponsor his sister. That takes 10-12 years.

So, you are looking at a 17-year wait.

And until then, you and your wife would have to maintain legal status in the US or leave the country.

So, realistically, you can forget about this.

Have your employer sponsor a GC for you.

[manichandra]

She still will have a wait of 11.5 years after her brother becomes a citizen and you folks will have to maintain your own status till then.

Thanks alot for your reply. I thought all the applicants in the petition (including the main applicant) get GC at the same time. I think I am wrong.

[manichandra]

Thanks alot for your reply. I thought all the applicants in the petition (including the main applicant) get GC at the same time. I think I am wrong.

Sorry, I posted this before reading above comments. Now I got it. Thank you all for your replies.

[JoeF]

Thanks alot for your reply. I thought all the applicants in the petition (including the main applicant) get GC at the same time. I think I am wrong.

The main applicant and his/her dependents, i.e., spouse and children under 21, yes.

Siblings of the main applicant are never included.

[manichandra]

The main applicant and his/her dependents, i.e., spouse and children under 21, yes.

Siblings of the main applicant are never included.

Thank you JoeF.