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Immigration Issues/Inclusion of accompanying family membe on the I-864.

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Hello Mr. Hollander,

Thank you for your time and service in answering this question.

My wife is an American citizen that’s sponsoring her mother to come to the U.S.  Unfortunately, I never found out about the mother being allowed to bring over her son until I started helping my wife complete the I-864.  Up until now, my wife believed that the only way for her to bring her half brother was to sponsor him separately.  This would have been impossible because of the extreme waiting time it would have taken.

But I noticed that question #9 of the I-864 allows her to also sponsor “family members immigrating at the same time …(as) the principal immigrant.”  So now it seems that she could have sponsored her brother all along, except that her original way of thinking may have been incorrect.  Instead of having filed two I-130s, now it seems her brother could have come here as an “accompanying family member.”  This is bolstered where the instructions for #9 states “The immigrant you are sponsoring may be bringing a spouse and/ or children to the United States.”  Financially I am going to be considered a household member and our combined income and assets are more than adequate to qualify to sponsor her brother as well.

At this point, what can be done to now include her brother as an accompanying family member?  Would it be possible for us at this stage to just simply go ahead and only put in her brother’s name on the I-864 or does my wife now have to rescind the I-130 she had submitted for him one year ago?  What chance of success does my wife have to bring him here in this I-864 fashion?

Thank you again for your time and answer.

Eric

Answer
Your wife's original thinking was correct. Her mother is a case inthe immediate relative category, which does not allow for derivatives. She could and stillc an file an I-130 for her brother which will take many years or when her mother gets here she can fuile an I-130 for him which will take about 8 years if he is over 21 and unmarried. Or che can file now and her mother can also file when she becomes a resident.

Regards,

Robert

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