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  • family bases Green card some questions

    Currently I am on visitor visa in US and on a visit to my sister who is a US citizen. My visa will expire next year in June and I am leaving US in another couple of weeks back to my country of birth India. I wish to seek green card sponsorship under the sibling category. My sister is eligible to sponsor me as she is US citizen and over 21 years of age. I am 47 year old male.

    Below are my questions:

    Am I eligible for the green card sponsorship?
    What are the initial documents required at my end for filing the application by my sister.
    What are the documents required at my sister's end for filing the petition.
    Should the petition for the green card be filed by my sister when I am in US or should it be filed while I am in India?
    Once petition is filed by my sister for the green card and the same is approved can i come back to US on visitor visa?
    As my visitor visa will be expiring in June 2012 is it advisable for me to visit once more to US before the filing of Green card petition and if it is alright then should the petition be filed here in US while i will again visit here during some time end of this year around early December 2011?

  • #2
    Originally posted by desiboy1964 View Post
    Currently I am on visitor visa in US and on a visit to my sister who is a US citizen. My visa will expire next year in June and I am leaving US in another couple of weeks back to my country of birth India. I wish to seek green card sponsorship under the sibling category. My sister is eligible to sponsor me as she is US citizen and over 21 years of age. I am 47 year old male.

    Below are my questions:

    Am I eligible for the green card sponsorship?
    What are the initial documents required at my end for filing the application by my sister.
    What are the documents required at my sister's end for filing the petition.
    Should the petition for the green card be filed by my sister when I am in US or should it be filed while I am in India?
    Once petition is filed by my sister for the green card and the same is approved can i come back to US on visitor visa?
    As my visitor visa will be expiring in June 2012 is it advisable for me to visit once more to US before the filing of Green card petition and if it is alright then should the petition be filed here in US while i will again visit here during some time end of this year around early December 2011?
    She needs to file an I-130 plus proof of relationship with you. It may take anywhere from 11 to 12 years. Once the application is filed, you MUST disclose it to the immigration officer that an I-130 has been filed for you when you travel back to US.
    Good Luck!

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    • #3
      Well filing of the form and proving the relationship part is known but I needed clarifications about other doubts. I was wondering whether it is beneficial for me to file the form once i am again back in USA instead of now .

      Comment


      • #4
        Originally posted by desiboy1964 View Post
        Well filing of the form and proving the relationship part is known but I needed clarifications about other doubts. I was wondering whether it is beneficial for me to file the form once i am again back in USA instead of now .
        Don't matter, the wait is almost the same.

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        • #5
          Sponsor by brother

          My question is if my brother died during the waiting time ( shoud be 5 years as 10 years ) after he fill out the I-130 do I get my green card anyway

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          • #6
            Originally posted by patch80 View Post
            My question is if my brother died during the waiting time ( shoud be 5 years as 10 years ) after he fill out the I-130 do I get my green card anyway
            To the best of my understanding the answer to your question is No
            if the petitioner (your brother in your case) dies, the files automatically expires.

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            • #7
              I-130

              Originally posted by daru786 View Post
              Don't matter, the wait is almost the same.
              Suppose one files I-130 when one's brother is in the U.S. on Visitor's Visa as against when one's brother is in India.

              Does the fact that one's brother went back to India (and did not seek any extension and did not overstay amply demonstrating his lawful intentions) after I-130 was filed for him, help him regain entry in the U.S. during his next U.S. visit?

              Is the immigration officer likely to view this situation more favorably while considering re-entry of the person in the U.S. after say one year as a Visitor?

              Do immigration officials deny entry in the U.S. for family members whose I-130 has been filed?

              Comment

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