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I-130 (Please be helpful)

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  • I-130 (Please be helpful)

    In 2001 I filed an application for my sister who've been here since 1988 (she came on a visitor's visa and overstayed). She's heard many stories wherein a close friend of her's whose husband filed a similar application, had gone to get her EAD. She told my sister to try to get hers. I sister filled out the applciation (I-765) and got stuck on question 16 which asked for what category she fell under. She called the INS service center and spoke to someone who told her that she was not eligible to get an EAD because she did not fall under the first or second preference, and that she would have to wait 10 years to be eligible for an EAD, and right now they are processing application dated in 1991. My sister became very broken-hearted. Apparently her friend was able to receive the EAD because it was her husband that filed for her and they are up to 1999 in that category.

    Does anyone have a similar situation to shed some light?

  • #2
    In 2001 I filed an application for my sister who've been here since 1988 (she came on a visitor's visa and overstayed). She's heard many stories wherein a close friend of her's whose husband filed a similar application, had gone to get her EAD. She told my sister to try to get hers. I sister filled out the applciation (I-765) and got stuck on question 16 which asked for what category she fell under. She called the INS service center and spoke to someone who told her that she was not eligible to get an EAD because she did not fall under the first or second preference, and that she would have to wait 10 years to be eligible for an EAD, and right now they are processing application dated in 1991. My sister became very broken-hearted. Apparently her friend was able to receive the EAD because it was her husband that filed for her and they are up to 1999 in that category.

    Does anyone have a similar situation to shed some light?

    Comment


    • #3
      Unfortunately your sister is not eligible for EAD based on your petition which falls under F4 category. F4 has a waiting period of 10 - 18 years depending on a country. Your sister's friend had married and her husband had sponsored her, as such she got EAD quick.
      You should look for some other options for your sister like employment based jobs, etc.
      Good luck.

      Comment


      • #4
        Thanks for your quick response. I kinda knew that but just wanted to hear it from someone else. My sister does have a boyfriend - they've been dating for 6 months now. She did not tell him about her status and is afraid to say anything to him fearing he might think she is with him to get a greencard. He is American and seems deeply in love with my sister. I asked her about her feelings for him, and she replied that she is honestly not in love with him yet. She said she likes him very much.

        By the way Umesh, my sister just bought a house with money she's been saving for a long time. She pays for her own medical and car insurance. Yes, she does work and have been filing her taxes for more than 10 years.

        I feel so sorry for her. Any other advise? Thanks.

        Comment


        • #5
          Her best bet is to marry to a USC. There is no harm in telling her boyfriend now about that. He really loves her and cares for her then he will be happy to marry her and sponsor her. Otherwise, he will leave her.
          Good luck.

          Comment


          • #6
            Umesh I have noticed on many of your responses you sometimes suggest a person to get married to a USC.

            I find this appalling advice. You are not only asking many of these people to go down an illegal route, you are using it as an option when it shouldn't be. Marrying a USC should be based on love not on how it can benefit you in the future.

            For example this lady has clearly stated that her sister does not love her partner please explain to me why you suggested she then marry him? Is this not illegal?

            I think before you give advise to people and many times your advise is not correct, take a moral stand. If you can't offer legal, healthy and moral advice, don't offer any at all. This noticeboard is meant to help people and give them legal alternatives, not take them even further down a road of lies and deceit.

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