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can my us citizen husband bring my sister to the states?

#1 sardes

sardes

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Posted 30 August 2009 - 12:16 PM

Hi,

I am the wife of the US citizen. I just got my gc. We want to bring my sister to the states as well.. Can my husband apply for her? or i should wait to be citizen and apply for her? also can she still come to the states with tourist visa while he or I file an application form for her? Thank you so much for help!
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"The truth is, you never know how strong your relationship is until it's tested. All too often, the stress of a crisis can pull a couple apart. But when you do make it through in one piece, you might just find yourselves tighter than ever."

#2 Otto

Otto

    Iridium Member



Posted 30 August 2009 - 12:20 PM


Your (USC) husband can not, no. Niether can you. no0pb.gif
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#3 aaron2020

aaron2020

    Super Star Member



Posted 30 August 2009 - 12:23 PM

QUOTE (sardes @ Aug 30 2009, 12:16 PM) <{POST_SNAPBACK}>
Hi,

I am the wife of the US citizen. I just got my gc. We want to bring my sister to the states as well.. Can my husband apply for her? or i should wait to be citizen and apply for her? also can she still come to the states with tourist visa while he or I file an application form for her? Thank you so much for help!


Your husband can never file for your sister. You cannot file for your sister while you are a LPR. You can file for your sister only after you become a USC. The process would take a total of 13-15 years; 3 years for you to gain US citizenship and 10-12 years for you to petition for your sister. There is no shortcuts for you to petition for your sister.

No one can come to the US with a tourist visa to wait until an immigration visa becomes available to them. A tourist cannot work for anyone (including family business) and must leave the country once the visa expires. Illegal overstay will result in a ban from the US even if an immigration visa is later approved. The ban can be up to 10 years.

Edited by aaron2020, 30 August 2009 - 12:24 PM.

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#4 Anh map

Anh map

    K1 > AOS > ROC > USC



Posted 30 August 2009 - 12:24 PM

Your husband cannot petition for your sister. You can petition after you become as US Citizen.

VJ Guide for USC bringing siblings to live in the US. -> http://www.visajourn...h...&page=ussib

Here are the USCIS "How Do I" guides for LPR's. http://www.uscis.gov...00045f3d6a1RCRD

She can apply for a tourist visa on her own merits. She certainly can't stay until an immigrant visa is granted. It would be many years before a visa would be available.
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#5 NickD

NickD

    Super Elite Member



Posted 30 August 2009 - 12:49 PM

Actually her stay here is first limited by the I-94 on a tourist visa, can get it extended, but almost cheaper for her to leave the the country and come back. Neither my wife's sister nor mother want to come here so I don't have that problem, but if you are looking for a shortcut, find somebody here to fall in love with her and marry her. Wife came here because I was here, we flipped a coin for which country we would live in. USCIS won.
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#6 sardes

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Posted 30 August 2009 - 03:34 PM

Thank you all! wow it takes years??? we did not know that! actually her intent is to study here, but schools are too expensive and we thought if she can get gc easily she can stay here with us and take care of our baby (due date is december 4th smile.gif and also can go to school..after then she can stay or go back.. but as i see it is too difficult to get gc for her..in this case she should come on tourist visa just to visit us.. my husband and I are against to arrange marriages that is something we would never do, but if she falls in love and wants to build a family here that is great too smile.gif thanks again!
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"The truth is, you never know how strong your relationship is until it's tested. All too often, the stress of a crisis can pull a couple apart. But when you do make it through in one piece, you might just find yourselves tighter than ever."

#7 aaron2020

aaron2020

    Super Star Member



Posted 30 August 2009 - 05:13 PM

QUOTE (sardes @ Aug 30 2009, 03:34 PM) <{POST_SNAPBACK}>
Thank you all! wow it takes years??? we did not know that! actually her intent is to study here, but schools are too expensive and we thought if she can get gc easily she can stay here with us and take care of our baby (due date is december 4th smile.gif and also can go to school..after then she can stay or go back.. but as i see it is too difficult to get gc for her..in this case she should come on tourist visa just to visit us.. my husband and I are against to arrange marriages that is something we would never do, but if she falls in love and wants to build a family here that is great too smile.gif thanks again!


There is nothing that you or your husband can do to get your sister a tourist visa. She must apply and qualify on her own. She will have to show ties to her home country and overcome the presumption that she is likely to become an illegal alien. Go to the US embassy website in her home country for more information. It's not that easy to get a tourist visa as illegal immigration is a big concern for certain countries.
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#8 NickD

NickD

    Super Elite Member



Posted 30 August 2009 - 06:59 PM

Is such a thing as a student visa, any university will help you with that for questions, but your sister has to apply.

Some programs offer a student exchange, something else to check into, again at the university.
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#9 aaron2020

aaron2020

    Super Star Member



Posted 30 August 2009 - 11:39 PM

QUOTE (NickD @ Aug 30 2009, 06:59 PM) <{POST_SNAPBACK}>
Is such a thing as a student visa, any university will help you with that for questions, but your sister has to apply.

Some programs offer a student exchange, something else to check into, again at the university.



Student visas are non-immigration visas. A person who is accepted at a US school must show that he/she can pay tuition for the duration of the degree program and overcome the presumption of illegal immigration. Generally, a student cannot work except through the school. A person entering a public high school must reimburse the state for the cost of attendance. This is not a cheap or easy route to go through to come to America. Furthermore, the person must leave the US shortly after completing the program. The person may work for a year after graduation in their field.
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#10 NickD

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Posted 31 August 2009 - 09:24 AM

My own son was a foreign exchange student to Japan, they have very strict immigration laws like the USA, but so far, managed to stay there for four more years on a work visa and looks like he is going to stay there even longer. Lots to think about when marrying a foreigner, really have to be in love, but if not an orphan, their family has to be considered, we have to budget both vacation and airline rates so my wife can see her family. For the most time, wife spends an hour every Sunday on the computer with a web cam to visit with her family, and thank God for phone cards.

We are having our share of problems just bringing her son here, looks like another three-four year wait, he was a tad over 21 at the time, just like our speed limit signs, 55 means 55. Purely arbitrary, but that is the law.

Only open door I am aware of is marriage plus bring your spouses kids over if under the age of 21. If looking for loopholes, coming here as an exchange student increases the odds of meeting a USC. Ironically, by marrying a foreigner has opened new doors for me with many others that are in the same boat. We have met several couples where a foreigner came here as an exchange student and found a USC mate. Seem to be very happy couples.

But if you think by marrying a foreigner, that opens the door to bring your spouses entire family here, better think again. INS and the USCIS also has a history of discrimination, a lot depends on which country you are from. Really don't know if there is any truth to this, but my wife commented that Mong families are not having problems in bringing in family members.
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#11 sardes

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Posted 31 August 2009 - 10:13 AM

Thank you very very much for help. Do you think tourist visa or student visa is easier for her? she is 22.. no school..no stable work.. she is working for a magazine but part-time as a freelance writer.. doesn't have any english... she can get a paper from work that says she works for the magazine, also my father can show one of his houses like it is her house..and show some money on her account..also my husband can sponsor her... with these ties if she says 'my sister just had a baby and i want to visit her' does it work? if she comes here once to visit me then goes back next time she can get student visa.. by that time i will start working and help to pay her school expenses... i just want do decide which is easier tourist or student? then she can apply by her own.. Thanks!
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"The truth is, you never know how strong your relationship is until it's tested. All too often, the stress of a crisis can pull a couple apart. But when you do make it through in one piece, you might just find yourselves tighter than ever."

#12 R de la R

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Posted 31 August 2009 - 10:56 AM

QUOTE (sardes @ Aug 31 2009, 11:13 AM) <{POST_SNAPBACK}>
Thank you very very much for help. Do you think tourist visa or student visa is easier for her? she is 22.. no school..no stable work.. she is working for a magazine but part-time as a freelance writer.. doesn't have any english... she can get a paper from work that says she works for the magazine, also my father can show one of his houses like it is her house. She would need to have the house title in her name, better if it is done a couple of months/years before the interview.

show some money on her account.
The account has to be rotating the money, no just to make a deposit with a big amount from one day to other.


also my husband can sponsor her..
No he can't sponsor her.

. with these ties if she says 'my sister just had a baby and i want to visit her' does it work? if she comes here once to visit me then goes back next time she can get student visa
Student visa has to be arranged when she is her country, and to present the university/school documentation at the interview so the Consular officer can grant the student visa to her. She has to show that she can support herself in US or their parents, not your or your husband.


.. by that time i will start working and help to pay her school expenses... i just want do decide which is easier tourist or student? then she can apply by her own.. Thanks!
Easier tourist visa but she has to prove she is coming back to her homeland it means money in the bank, stable job and to prove she is not going to stay in US.


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#13 Chica Yey

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Posted 31 August 2009 - 11:10 AM

QUOTE (sardes @ Aug 31 2009, 07:13 AM) <{POST_SNAPBACK}>
Thank you very very much for help. Do you think tourist visa or student visa is easier for her? she is 22.. no school..no stable work.. she is working for a magazine but part-time as a freelance writer.. doesn't have any english... she can get a paper from work that says she works for the magazine, also my father can show one of his houses like it is her house..and show some money on her account..also my husband can sponsor her... with these ties if she says 'my sister just had a baby and i want to visit her' does it work? if she comes here once to visit me then goes back next time she can get student visa.. by that time i will start working and help to pay her school expenses... i just want do decide which is easier tourist or student? then she can apply by her own.. Thanks!


With that profile, either visa would be a tough sell. Not enough ties back home, and many "risk" factors (single 22 year old woman, no school, no permanent job).

Your husband cannot sponsor her for a tourist/student visa: it does not work that way. For a student visa, she needs to be accepted at a program, and be able to show proof of enough funds to support herself.
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#14 canadian_wife

canadian_wife

    Super Elite Member



Posted 31 August 2009 - 03:03 PM

For a student visa, the applicant must also pass an engligh proficiency exam and you've already stated that her english is poor. Showing your father's house like it is hers to show ties to a country is dangerously close to misrepresentation (not sure what the situation is like regarding the house and your family). Misrepresentation carries stiff penalities like bans from the US>

As Len said, both are difficult for your sister now, perhaps more time is needed to figure all this out and not rush into trying to get your sister here for the birth of your child. I suggest you begin by looking into schools around you and what their admission requirements are for international students.

Good luck.
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#15 NickD

NickD

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Posted 31 August 2009 - 05:14 PM

This conversation comes up frequently in our family. Is it a question as to how to bring a relative here? Or is it a question as to how to bring the family together? The latter involves finding a country that will have all of us. We are kicking around Costa Rica. In our case, not even talking about a sister, but my wife's son that happened to be over 21 at the time so I could not petition for him. We discussed this in depth, he said, mom go, you met the man of your dreams, but left a pain in both her and me that we had to leave him behind. He is living in my wife's condo, we send him money, and Venezuela is turning out to be one heck of a hell hole.

In regards to contacting your senator or congressman on this law, we are in the minority, don't have the time to fool with this stuff. Can't even find out why we have this law, but is in the books.

Did hear about illegals joining the army and getting LPR that way, but never checked into that, but wouldn't consider my step son risking the dessert to get here. Also heard about Cubans being picked up off rafts by our Coast Guard getting LPR that way. Really don't want to risk that either. Can dig deep to find legal means, they don't exist.

Anyone else consider alternatives or any other methods? To me, it seems hopeless and perhaps finding another country may be a solution. IRS can find somebody else to collect taxes from. We use to be a melting pot, also part of our history, but strictly history.
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