GC for sister - Can we apply while she is here visiting?

[que123]

Hi

I would like to apply for my sister's GC. She does have a visitor visa. Can I apply when she visits US? Does that make any difference in processing or her getting to stay here longer on Visitor visa?

Does it make a difference to applying while she is abroad or in US ? is there a benefit to one Vs the other?

Thank you for your time and help
Good wishes

[newacct]

Hi

I would like to apply for my sister's GC. She does have a visitor visa. Can I apply when she visits US? Does that make any difference in processing or her getting to stay here longer on Visitor visa?

Does it make a difference to applying while she is abroad or in US ? is there a benefit to one Vs the other?

Thank you for your time and help
Good wishes

So the process is you file an I-130 petition, and then wait for 13+ years (much longer for people born in Mexico or the Philippines) before a visa number becomes available for the F4 (sibling) category and priority date (filing date) of the petition. Only when a visa number becomes available (13+ years later) can she either do Adjustment of Status in the US (if she is in the US and in status at that time, which is highly unlikely), or Consular Processing abroad. You can file the I-130 at any time, and whether she's in the US or not now doesn't matter.

[que123]

So the process is you file an I-130 petition, and then wait for 13+ years (much longer for people born in Mexico or the Philippines) before a visa number becomes available for the F4 (sibling) category and priority date (filing date) of the petition. Only when a visa number becomes available (13+ years later) can she either do Adjustment of Status in the US (if she is in the US and in status at that time, which is highly unlikely), or Consular Processing abroad. You can file the I-130 at any time, and whether she's in the US or not now doesn't matter.

This is her second visitor visa. Can she re-apply again after this expires with a pending i-130? Since she has track record for having visited & returned back a few times within the given i94 time (india), will there be issues getting renewed?
13 years is a long time, I get it. Want to make sure we understand any after effects.

Thanks
Good Wishes

[newacct]

This is her second visitor visa. Can she re-apply again after this expires with a pending i-130?

She can try applying. There are no guarantees, like always.

[que123]

She can try applying. There are no guarantees, like always.

hi Couple of more questions regarding this before Iapply

1) She has a visitor visa thats valid for another few years. If I apply for i130 now, will it cause her problems if she wants to visit us sometime before the Visitor visa expiry?
Want to make sure no issues in visiting with her visitor visa while the i130 is in process

2) i130 Page 8 -> What can I fill for the below ?

The beneficiary is in S and will apply for AOS at USCIS in a. City b, State

The beneficiary will not apply for AOS in US but wil apply for immigrant visa abroad 2. City b. Province c.Country

Thanks much
Good wishes

[newacct]

hi Couple of more questions regarding this before Iapply

1) She has a visitor visa thats valid for another few years. If I apply for i130 now, will it cause her problems if she wants to visit us sometime before the Visitor visa expiry?
Want to make sure no issues in visiting with her visitor visa while the i130 is in process

Again, there is no particular reason why it should be a problem, especially if a visa number is still many years away from being available, but nobody can predict how the immigration officer will decide.

2) i130 Page 8 -> What can I fill for the below ?

The beneficiary is in S and will apply for AOS at USCIS in a. City b, State

The beneficiary will not apply for AOS in US but wil apply for immigrant visa abroad 2. City b. Province c.Country

Thanks much
Good wishes

She will not apply for AOS; put N/A for that question. She will apply for an immigrant visa in the US consulate in her home country that handles immigrant visas.