QUESTION
Can my spouse's sister who's a US citizen sponsor her sister as well as me?
Asked on Oct 04th, 2012 on Immigration - California
More details to this question:
I am on F1 status and my wife is on F2 status but my wife's sister is the US citizen and having the US passport. Can my spouse's sister sponsor her sister as well as me? If my wife's sister put a case of petition of her sister then is it necessary to maintain the F1 and F2 status.
3 ANSWERS
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Her sister can file I-130 visa petition for your wife and you will be included as a derivative beneficiary. The problem is the 10 year plus waiting and both of you must maintain legal status if you want to eventually adjust status in the US.
Answered on Oct 07th, 2012 at 2:52 AM
Yes, the sister can petition for her sister and sister's family. However the process of getting an immigrant visa/green card on the basis of a sibling of US citizen petition takes about 10-12 years so you will probably not be able to maintain your status the entire time and you absolutely must be in valid status at the time the priority date becomes current in order to be able to immigrate on the basis of that petition. However, if one of you completes your education and gets a job, getting a green card through employment will be significantly faster.
Answered on Oct 07th, 2012 at 2:47 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. Your sister-in-law can petition for your spouse and you can be included on the same petition. However, if you want to be eligible for adjustment of status when your visa priority date becomes current, you must remain in status or you will be required to return to your home country for the immigrant visa interview at the US consulate.
Answered on Oct 07th, 2012 at 2:47 AM