QUESTION
Can I apply for the green card for my wife and me?
Asked on Jun 14th, 2012 on Immigration - Texas
More details to this question:
I have a B1/B2 tourist visa just renewed this year and my wife sister is a US Citizen and want to apply for the green card for my wife and me, my question is, Will this affect my B1/B2 tourist visa or will I be able to keep using it as I always just to visit my wife family and business?
6 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
Your sister-in-law can apply for your wife but it is about a 10 year wait. During that time, you have to be either out of the country or in the United states in legal status.
Answered on Jun 29th, 2012 at 9:56 AM
Immigration Law Attorney serving Long Beach, CA
at
Law Offices of Brian D. Lerner
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It is unlikely you can continue to use it after she files. *Request for Marriage and Adjustment of Status Application* A marriage proposal and application for adjustment of status must be prepared and presented. Our firm can prepare and send this petition to the USCIS office that initially resolved such requests .. The work permit application is also presented and it usually takes several months to get cast. The last interview for the Green Card will be around one year after the filing of the petition. There are a myriad of different ways, exhibitions and information that needs to be completed. Any of these items, if done poorly, it could request denied or delayed indefinitely.
Answered on Jun 28th, 2012 at 5:41 PM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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It talks about 15 years from sister to a sister. Your sister in law cannot petition for you. When you have an immigrant visa petition pending, you are risking losing your B1/B2 visa because of the intent issue.
Answered on Jun 26th, 2012 at 12:49 PM
Legally you can continue traveling on the B visa even if an immigrant visa has been filed on your behalf. Practically speaking, you may be stopped at the border when traveling on the B visa if the immigration officer deems you to have immigrant intent. Practically speaking, even if your wife's sister petitions for your wife and your family, it will be about 10-12 years before you would be eligible for an immigrant visa, given the current processing times. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Jun 25th, 2012 at 5:17 PM
Rebecca T White
If your wife's sister files an I-130 immigrant visa petition for her, it will be many years before a visa is available to use. It may be as long as a decade. You can review the Department of State Visa Bulletin for an overview of the wait times. During that time the visitor visas you have issued are unlikely to be impacted, up to the point when the visa may become available in the more near future.
Answered on Jun 25th, 2012 at 4:16 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Your sister-in-law can petition for your wife and you on Form I-130. As long as the visa is not revoked by the Department of State, you can continue to use it as you have in the past.
Answered on Jun 22nd, 2012 at 9:18 PM