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rita2086

Sister of US citizen waiting for interview

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Country: Russia
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I am a US citizen filing for my sister who is located in Russia.

 

As far as I understand, it will take around a year for my I-130 to be approved, but overall around 15 years before she can go to the interview and receive her permanent resident card and actually move to the US.

 

She has a US visitor visa that is valid two more years. Can she still travel to the US as a tourist during this time?

Will she be able to receive another tourist visa and travel?

 

She can't move to the US and wait for her status, right? Otherwise it will not be legal and she will not be able to work or receive a SS number, correct?

 

Thanks a lot!

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My I-130 for brother has been 5 years with no update, don't expect it within a few years. 

 

She can travel with her visa and keep a good record of it, she can renew it without any problem.

 

She has to be in status to be interviewed in the US so no, she can't hang around for it. Don't think about it either, it is fraud.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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1 hour ago, rita2086 said:

I am a US citizen filing for my sister who is located in Russia.

 

As far as I understand, it will take around a year for my I-130 to be approved, but overall around 15 years before she can go to the interview and receive her permanent resident card and actually move to the US.

 

She has a US visitor visa that is valid two more years. Can she still travel to the US as a tourist during this time?

Will she be able to receive another tourist visa and travel?

 

She can't move to the US and wait for her status, right? Otherwise it will not be legal and she will not be able to work or receive a SS number, correct?

 

Thanks a lot!

One correction, at some service centers it is taking up to ten years for approval for F4 petitions now. This doesn’t really matter because the priority date still takes significantly longer to become current. So don’t worry if you don’t get an approval notice for a long time. Yes your sister can visit, as always she should have proof of why she would return to Russia after each trip. (And no it would not be legal for her to move, and in fact being illegal would mean she couldn’t adjust status, and then she would incur a ten year ban (for being illegal longer than a year) on exit .... so all round a big no.)

 

 

Edited by SusieQQQ
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16 hours ago, rita2086 said:

I am a US citizen filing for my sister who is located in Russia.

 

As far as I understand, it will take around a year for my I-130 to be approved, but overall around 15 years before she can go to the interview and receive her permanent resident card and actually move to the US.

 

She has a US visitor visa that is valid two more years. Can she still travel to the US as a tourist during this time?

Will she be able to receive another tourist visa and travel?

 

She can't move to the US and wait for her status, right? Otherwise it will not be legal and she will not be able to work or receive a SS number, correct?

 

Thanks a lot!

Yes she can visit as a tourist during this time. She won't have any issues with renewing the tourist visa unless she does something stupid.

 

She can't really move to US and wait in US for her status. There's 2 reasons for this:

1. Entering on a non-dual intent visa with the intent to AOS can be considered immigration fraud, it's fine to change your mind down the line, however, and;

2. she would need to maintain continuous lawful status for the entire 15 years while she's hanging around in the backlog. Only visas you can realistically keep rolling that long are E and TN visas and Russians are not eligible for either.

 

Alternatively, if she were to find a US employer willing to petition for her, employment categories alternate between being current and a bit backlogged making that way faster than waiting for an F4 to become current.

Contradictions without citations only make you look dumb.

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