wifes daughter 130 filed 2012

[edsperfect 25]

We filed a 130 for my wife's daughter who lives in russia in Jan 2012. SHe has always been able to get a visa to visit and has one now. I was wondering what the chances are of her coming on the visitors visa and then filing for a green card or what ever one does if she is here in this country. What would the proceedure be anyway?

My wife is a citizen and daughter was born in Moldova if any of that has a bearing

Thank you

Edited June 13, 2017 by edsperfect

[Auds 223]

Is the 2012 application active?

 

Its visa fraud to enter with intention to adjust.  How old is she now?

[millefleur 5,035]

She can visit temporarily while waiting for the I-130 but entering on a tourist visa with the intent to adjust is fraud. She would need to return home once her visitation period is up.

[edsperfect 25]

Yes it is active. She is 34 and comes here twice a year and has since 2007. She is university educated, xspeaks english probably better than I even. Her 130 was accepted in Jan 2012 and just waiting for the notice for the interview. I am certain  she will pass So wondering what differne e it makes if she waits for it here or there for the next year

Edited June 13, 2017 by edsperfect

[Auds 223]

8 minutes ago, edsperfect said:

Yes it is active. She is 34 and comes here twice a year and has since 2007.

Unfortunately she's got to wait for green card till PD is current unless marrying a US citizen.  No legal way otherwise.

[millefleur 5,035]

17 minutes ago, edsperfect said:

Yes it is active. She is 34 and comes here twice a year and has since 2007. She is university educated, xspeaks english probably better than I even. Her 130 was accepted in Jan 2012 and just waiting for the notice for the interview. I am certain  she will pass So wondering what differne e it makes if she waits for it here or there for the next year

The difference is you cannot enter on a non-immigrant visa (tourist visa) with immigrant intent. Well, you can as in it's possible, but it's fraud. If they asked her at CBP when she is planning on leaving/returning to Russia, and she lied, then it would be blatant misrepresentation. If she told the truth and said that she was coming to immigrate, they would probably turn her away at the border because she is entering on the wrong type of visa.

Edited June 13, 2017 by millefleur

[NigeriaorBust 4,087]

  Overstays are forgiven for immediate relatives only , so if she overstays and waits she won't be given her green card.  They are working on dec 2010 now so she is in the  final stages.   IF she happens to be on her regular visit when her date becomes current she could AOS in the states but it really won't change the time by much. 

[Auds 223]

Dont let her lose the chance after having waited for so long.

[velrich 50]

she has about a year to go before she gets her welcome letter.  She should just continue to visit.  Time goes fast if she keeps herself busy and do her usual stuff.