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micronist Newbie

micronist   0

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Filed: Country: Ukraine
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Posted

My wife's son is coming in September to visit on B1-B2 visa that expires May 2012. What is the fastest LEGAL way to Green Card? I surely can file the I-130 right now, but is it better to do I-130 and I-134 and I-485 when he arrives here. Trying to avoid the 7 year queue, but just do not know the best way if there is any best way. Yeah, I should have started this process 6 years ago when she became a citizen, but he did not desire to leave Ukraine then. All advice and opinions welcome.

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katgrl Enthusiast

katgrl   14

Posted
Filed: AOS (apr) Country: Algeria
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Posted

How old is her son and is he married?

02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

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katgrl Enthusiast

katgrl   14

Posted
Filed: AOS (apr) Country: Algeria
 Timeline
Posted

If he is over 21 and/or married, there is no visa immediately available no matter if he is in the US or Ukraine. So the wait time will be the same no matter which country he is legally waiting. You can file the I-130 now. You cannot file the I-485 until a visa number becomes available. I'm going to assume that he is over 21 and/or married since you mention the 7 year wait time.

Besides, the B1/B2 is a non-immigrant visa, so you shouldn't have any intentions of him coming and then trying to adjust status within the US.

02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

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katgrl Enthusiast

katgrl   14

Posted
Filed: AOS (apr) Country: Algeria
 Timeline
Posted

Ok so you will have to go with the filing the I-130 now and ASAP if he wants to eventually immigrate to the US. He will still be able to visit on the B1/B2. It is very important that he does not overstay his visa expecting to live here while waiting for the visa to become available as overstay is not forgiven/overlooked for adult children. Immediately available visas are only for children unmarried and under 21 of an USC, spouses of an USC, and parents of an USC over 21.

02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

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micronist Newbie

micronist   0

Posted
Filed: Country: Ukraine
 Timeline
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Posted

My thanks, katgrl. I expected this reply, which as I read it from USCIS is just the simple facts of life. My wife went to a different source, and they said the same thing as you. It is important to not 'mess things up' while the process goes on. Thanks again for your input.

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