Help with form I-130

[blackkbeard11 0]

Straight to the point, ill try and be specific as I can.

 

My girlfriend was living in the U.S but had to leave because of a court case (Class D Felony/ false statement) and was granted voluntary departure. She's been out of the country since 2013 of September and residing in Spain( not her home country). 

 

My question basically how hard would it be for her to come back using this form or possibly how can she come back to live in the U.S again. Her sister (she is a permanent resident) is the one who will be filing the form. Any suggestions would really help us and is greatly appreciated. 

[RICARDO4EVA2 194]

She will be required  to request a Waiver to enter the U.S.  due to  her being inadmissible and likely have a ban on her reentry. This is extremely difficult to get approved. 

 

 

Quote

BUT, Her sister can only petition for her once she becomes a U.S. Citizen to open the possibilities. 

 

 

 

Best of Luck

Edited March 9, 2017 by RICARDO4EVA2

[Georgia16 2,858]

Well first of all a sister that is a LPR can't file for a sister but when sister becomes a USC she can and that will probably take around 15 years.

 

Second is the felony or what ever it was she got he will have to get a waiver for that probably if that will help her even. 

 

 

[geowrian 22,337]

There's several issues here...

 

1) Does she have a ban? I'm assuming so, but confirming this would be first. A waiver would be needed to overcome this, which isn't cheap, easy, or fast.

2) Having a previous felony will be taken into consideration for any future visa.

3) An LPR cannot petition for a sibling.

4) A USC can petition for a sibling, but you're look at a minimum of 14 years (could even be 20!).

 

Your best bet, IMHO, is for you to marry her abroad when you're ready to do so, then file for a CR-1 visa and do any waivers and such at that point. ETA: ~2+ years after filing with the waiver.

[blackkbeard11 0]

25 minutes ago, Georgia16 said:

Well first of all a sister that is a LPR can't file for a sister but when sister becomes a USC she can and that will probably take around 15 years.

 

Second is the felony or what ever it was she got he will have to get a waiver for that probably if that will help her even. 

 

 

I was under the impression her sister can petition for her because she is a LPR. I only say because that's what it shows on the USCIS website. 

[geowrian 22,337]

2 minutes ago, blackkbeard11 said:

I was under the impression her sister can petition for her because she is a LPR. I only say because that's what it shows on the USCIS website. 

No, an LPR cannot petition for a sibling: https://travel.state.gov/content/visas/en/immigrate/family/family-preference.html. The only category permitting siblings is F4, which is for USCs only.

[blackkbeard11 0]

21 minutes ago, geowrian said:

There's several issues here...

 

1) Does she have a ban? I'm assuming so, but confirming this would be first. A waiver would be needed to overcome this, which isn't cheap, easy, or fast.

2) Having a previous felony will be taken into consideration for any future visa.

3) An LPR cannot petition for a sibling.

4) A USC can petition for a sibling, but you're look at a minimum of 14 years (could even be 20!).

 

Your best bet, IMHO, is for you to marry her abroad when you're ready to do so, then file for a CR-1 visa and do any waivers and such at that point. ETA: ~2+ years after filing with the waiver.

Her ban was only for 2-3 years.

[Georgia16 2,858]

3 minutes ago, blackkbeard11 said:

I was under the impression her sister can petition for her because she is a LPR. I only say because that's what it shows on the USCIS website. 

No a LPR can not file for a sibling.

[Georgia16 2,858]

[blackkbeard11 0]

3 minutes ago, Georgia16 said:

No a LPR can not file for a sibling.

So is this irrelevant? 

[blackkbeard11 0]

3 minutes ago, Georgia16 said:

Ah ok thanks for clearing this up. 

[geowrian 22,337]

3 minutes ago, blackkbeard11 said:

So is this irrelevant? 

That's who the form is for. That doesn't mean any USC or any LPR qualifies for any status. Just because LPRs and USCs use the same form doesn't mean they qualify for the same categories.

Edited March 9, 2017 by geowrian

[Georgia16 2,858]

1 minute ago, blackkbeard11 said:

Ah ok thanks for clearing this up. 

Yeah always check the instructions on the form. 

 

But as said even if she could have it would be many many years. 

 

 

[blackkbeard11 0]

41 minutes ago, geowrian said:

There's several issues here...

 

1) Does she have a ban? I'm assuming so, but confirming this would be first. A waiver would be needed to overcome this, which isn't cheap, easy, or fast.

2) Having a previous felony will be taken into consideration for any future visa.

3) An LPR cannot petition for a sibling.

4) A USC can petition for a sibling, but you're look at a minimum of 14 years (could even be 20!).

 

Your best bet, IMHO, is for you to marry her abroad when you're ready to do so, then file for a CR-1 visa and do any waivers and such at that point. ETA: ~2+ years after filing with the waiver.

Can we get married here or would I have to go back to the U.S and do it from there?

[geowrian 22,337]

5 minutes ago, blackkbeard11 said:

Can we get married here or would I have to go back to the U.S and do it from there?

You can marry anywhere that you are legally allowed to marry. It doesn't have to be in the US.