Multiple Visas

[NYjones 13]

Hello VJ,

I had a question. I'm not sure I'm in the right sub forum. I was doing some research on multiple visas being filed for one person. I see that there is no issue having multiple petitions submitted but I find myself in an awkward position.

Let me give some background.

My sibling petitioned on my behalf and I recently submitted the first set of forms(DS-260) and payments were made. This was back in June. Now, my (recent) US based fiance wants to go through the K1 visa process to have me there A.S.A.P.

My sibling nor my family has no idea about the the fiance or the possibility of the K1 Visa being filed.

1. If the K1 Visa is approved can the first initial petition(filed by the sibling) be terminated?

2. Can the cases be combined when I get to the AOS phase after marriage? or at some point?

3. Should I let the first case run it's course? I know usually a sibling case can take up to 10 years but I'm not sure where I would fall on the timeline...is the 10 years from the point the first files are submitted?

Anyone familiar?

Thanks

[aleful 1,905]

hi

if your priority date is current, keep on going with this petition.

the K1 will take longer and you have to marry and file adjustment through spouse. they are 2 separate petitions, it will be a longer process in the end If you go through a k1

what country are you from and when did your sibling file for you, what is your priority date?

[NYjones 13]

Thanks for responding aleful.

I have no idea about priority date....how do I find this out? The K1 would take longer due to the processing of the first case?

[NYjones 13]

I am in St.Kitts. I don't know the exact date he filed but I received a letter from The NVC in 2011....I did not follow through with the process at that time and a few year elapsed. This June (2014) I made contact with the NVC and "re started" the case by submitting the DS-260.

[aleful 1,905]

hi

your priority date is on the approved i130. what country are you from and when was the petition filed? the priority date is a few days after immigration received the i130

[NYjones 13]

Ok. I am in st.kitts. I checked my status of the case online and it says post decision activity. On September 17th, 2009 we shipped or re-affirmed case to Department of State for visa processing.

[aleful 1,905]

hi

no, not there

your sibling that petitioned you receive a hard copy of the approved i130. on that hard copy has the priority date

what date was the petition filed?

[NYjones 13]

Ok. I'm sorry I can't give more info but the petition was filed years ago. I am so on confused at the moment, I thought I had this figured out. Now I'must not sure if I should go ahead and start the k1 process with my fiance

[aleful 1,905]

hi

the reason you need to know if your priority date is current is to see if you should or shouldn't file a K1, if your priority date is current and you will have your interview in 3 o 4 months, then it's not worth filing a K1 visa

it will cost you. with a sibling visa, you will get a 10 year GC and be able to work as soon as you set foot in the US, you can marry your fiancé when you get here.

if your fiancé files, the petition will take over 6 months, you have to come here, get married within 90 days and file for adjustment of status. you will get a 2 year GC and have to remove conditions to get the 10 year GC before the 2 year GC expires.

ask your brother or sister who filed for you.

[NYjones 13]

Ok. One last question....the case number wouldn't have anything to do with the priority date would it? I know the case number is essentially when the case was entered into the system.

[aleful 1,905]

hi

no, the case number has to do with the Embassy or Consulate where you will have your interview. find out from your brother or sister when he or she filed he or she has to have a copy of the approved i130

[NYjones 13]

OK thanks. I appreciate you patience and help. If I am successful in getting the PA I will report back if not I guess I may just have to wait it out

[NYjones 13]

Would it be OK to message you privately aleful?

[aleful 1,905]

hi

sure, no problem

[MUXAGIRL 69]

OP,

Do you remember what year your brother petitioned for you? If your petition was filed on or before 01 January, 2002, then a visa number is available to you and you can proceed with your DS-260 and get your 10 year green card soon. You are in the category F4, which is brother and sister of adult US citizen.

Since NVC contacted you in 2011, may be your case was about to become current that time. So, you might be already in a position to receive your 10 yr GC soon.