1. My partner is a Jamaican and we are a gay couple. He visits me in the US each year. I am US citizen by birth can legally file for him ? Please tell me what option I have.

2. My partner's brother is a citizen as well. Approximately how long will the process of filing take if my partner's brother file for him.

Thanks

Rahim

The immigration laws allow for married men and women to petition, so you cannot file for him.

Easier to have his brother petition for him, but it will take some time. It will be a 4th preference petition, brother or sister of USC, currently for most countries (including Jamaica) visas are current for filings with a priority date of March 1, 1998, see the DOS visa buletin Visa Bulletin March 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html).

Has his USC brother already filed the I-130 to get him a priority date (place in line)? If not, file immediately. You have around a 10 year wait, probably longer.

Does he qualify for a NIV in the meantime to be with you in the US? Consult with an experienced immgiration attorney.

If this was helpful, rate this answer. Good luck.