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I130 on file for sister in-law is currently visiting the US on a B-2 visitor Visa

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  • I130 on file for sister in-law is currently visiting the US on a B-2 visitor Visa

    An I130 has been on file since Apr 2002 for my sister in-law and she is currently visiting us her in the US. The latest info is that for I130's submitted for a brother or sister, the INS is currently reviewing applications submitted on Feb 05, 2001.
    My sister in-law would like to stay so I am currently working on an extension with an I539 and I94. this would allow for a max. of 6 months.
    Question - Is it possible for her to stay one year? If so, what forms or rule would permit that.
    Any advise would be appreciated.

  • #2
    An I130 has been on file since Apr 2002 for my sister in-law and she is currently visiting us her in the US. The latest info is that for I130's submitted for a brother or sister, the INS is currently reviewing applications submitted on Feb 05, 2001.
    My sister in-law would like to stay so I am currently working on an extension with an I539 and I94. this would allow for a max. of 6 months.
    Question - Is it possible for her to stay one year? If so, what forms or rule would permit that.
    Any advise would be appreciated.

    Comment


    • #3
      No, she can not stay. Even if the USCIS (Formerly INS) approves her visa, it won't become current. Please see State departments Visa bulliton. After getting her petition approved from the USCIS the case will be sent to NVC which sends it to US Consulate in the country where she resides. I think it will take about 5 more years for her to become an LPR.

      Comment


      • #4
        This may help.

        Comment


        • #5
          Within 5 years my wife will be retired at age 62. However, the I130 Immigrant petition for my sister in-law is signed by my wife and her retirement pay will be substiantly less. Accordingly, will the reduction in income become an issue?
          I think it will, so how does one now become a co-signer to an application which is 5 years old? Also, I will retire in 7 years.
          My sister in-law is currently 52 and if it takes 5 more years she will be 57, but will be able to work if she receives an LPR status.

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Question - Is it possible for her to stay one year? If so, what forms or rule would permit that. </div></BLOCKQUOTE>

            1. She can apply for extension of status or change of status.
            It's possible that her application will be approved and she will be allowed to stay (up to the limit allowed by CIS decision).
            However, the result ultimately depends on the reasons why she wants to stay longer, the letter of law and how the adjudicating officer interprets both.

            2. Depends on under what status she applies for.
            Most commonly used form is I-539

            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">The latest info is that for I130's submitted for a brother or sister, the INS is currently reviewing applications submitted on Feb 05, 2001. </div></BLOCKQUOTE>

            USCIS issued a regulation few years ago which basically said that no I-130 would be processed unless the visa number was current (that was to channel resourses to eliminate the backlog of existing/current cases).Wonder if that has changed.

            In any case, what is 'sister-in-laws' preference category?

            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">
            Within 5 years my wife will be retired at age 62. However, the I130 Immigrant petition for my sister in-law is signed by my wife and her retirement pay will be substiantly less. Accordingly, will the reduction in income become an issue?
            I think it will, so how does one now become a co-signer to an application which is 5 years old? Also, I will retire in 7 years.
            My sister in-law is currently 52 and if it takes 5 more years she will be 57, but will be able to work if she receives an LPR status. </div></BLOCKQUOTE>

            Income related issues have to do with filing I-864.
            I don't think you should worry about it until the visa number is current and I-485 has to be filed.
            But I might be wrong.


            For legal advise consult an immigration attorney.

            Good luck

            Comment

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