Hi
I am a USC (over 21) looking into sponsoring my 29 year old sister who is married for two years (no kids yet). The priority dates for our home country (in Asia) for the brother/sister category appears to be about 10 years. My sister is currently pursuing her PHD from a university in Europe and expects to be done in 2 more years. Her husband has recently joined her there.
My question is: Do I need to file separate I-130 petitions for her and her husband now or do I just file one for her? Obviously I want them both and any kids to immigrate when the time comes (after 10 years!). Is there a quicker way? lol
What other forms and supporting documents do I need to file?
And finally, will an I-130 on file pretty much negate any chances for her to come to the US in the mean time on either a student (F-1) visa to pursue post-doctoral/further research at any US university or even a simple visitor's visa to come visit me?
Thanks
Ben
Full Version: USC sponsoring for married sister
VisaJourney.com > General Family Based Immigration Topics > Bringing family members of US Citizens to America
Form I-130 directions page 1
For visitng while immigrant visa case is pending: (This has to do with any type of immigrant visa)
FAQ:
QUOTE
Who May File This Form I-130?
1. If you are a U.S. citizen, you may file this form for:
E. Your brother(s) or sister(s) (you must be age 21 or older)
NOTE:
2. If your relative qualifies under paragraph 1©, 1(D) or 1(E)above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.
http://www.uscis.gov/files/form/I-130instr.pdf1. If you are a U.S. citizen, you may file this form for:
E. Your brother(s) or sister(s) (you must be age 21 or older)
NOTE:
2. If your relative qualifies under paragraph 1©, 1(D) or 1(E)above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.
For visitng while immigrant visa case is pending: (This has to do with any type of immigrant visa)
FAQ:
QUOTE
This may actually be the most common question in the newsgroup, asked on a near daily basis.
A..I wrote to the Embassy in London and I was given this reply: "If you wish to make a temporary visit to the US while your application for a Fiance(e) visa is being processed, you will require a visitor's visa (B-1/B-2) or, if you meet the conditions, travel visa-free. However, all travelers to the US are subject to inspection at the port of entry by an immigration officer who has the right to deny admissions. As the beneficiary of an approved Fiance(e) visa (petition) you may have difficulty convincing the officer that you are not an intending immigrant."
A.. If the fiance(e)..."Has a residence in a foreign country which the alien does not intend to abandon", and if the fiance(e) is "An alien coming to meet the alien's fiance(e)'s family (to become engaged; to make arrangements for a wedding; or to renew a relationship with the prospective spouse)", then they can enter the US on a B2 visa. (Quotes from the USCIS (INS) Inspectors Field Manual). This does not specifically address an alien with a "K1 visa application pending". Proving an intention to return home might mean showing...
http://www.visajourney.com/faq/k1k2visa-application.html#4.6A..I wrote to the Embassy in London and I was given this reply: "If you wish to make a temporary visit to the US while your application for a Fiance(e) visa is being processed, you will require a visitor's visa (B-1/B-2) or, if you meet the conditions, travel visa-free. However, all travelers to the US are subject to inspection at the port of entry by an immigration officer who has the right to deny admissions. As the beneficiary of an approved Fiance(e) visa (petition) you may have difficulty convincing the officer that you are not an intending immigrant."
A.. If the fiance(e)..."Has a residence in a foreign country which the alien does not intend to abandon", and if the fiance(e) is "An alien coming to meet the alien's fiance(e)'s family (to become engaged; to make arrangements for a wedding; or to renew a relationship with the prospective spouse)", then they can enter the US on a B2 visa. (Quotes from the USCIS (INS) Inspectors Field Manual). This does not specifically address an alien with a "K1 visa application pending". Proving an intention to return home might mean showing...
- Current enrollment in school
- Employment in the home country
- Strong family ties to the home country
Why do you think your application will take 10 years?
Just wondering.
Just wondering.
QUOTE(Boiler @ Jan 12 2008, 10:22 PM) 
Why do you think your application will take 10 years?
Just wondering.
Just wondering.
Fourth preference priority dates are only current for petitions filed in 1994-1997 right now.
QUOTE(diadromous mermaid @ Jan 13 2008, 02:26 PM)
QUOTE(Boiler @ Jan 12 2008, 10:22 PM)
Why do you think your application will take 10 years?
Just wondering.
Just wondering.
Fourth preference priority dates are only current for petitions filed in 1994-1997 right now.
86/97
Not aware of why they might speed up.
QUOTE(Boiler @ Jan 13 2008, 06:11 PM)
QUOTE(diadromous mermaid @ Jan 13 2008, 02:26 PM)
QUOTE(Boiler @ Jan 12 2008, 10:22 PM)
Why do you think your application will take 10 years?
Just wondering.
Just wondering.
Fourth preference priority dates are only current for petitions filed in 1994-1997 right now.
86/97
Not aware of why they might speed up.
Some countries are over-subscribed so take longer than others.
You can read more here: http://travel.state.gov/visa/frvi/bulletin...letin_3925.html
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