Family-Based Green Cards

Traveling to US while green card petition pending

My husband and I have been married for over 2 years now. On September, he filed I-130 on my behalf and we have also filed G-325A in October. My question is whether I can come to visit him for Christmas on a B-1 visa? I just want to make sure that it will not affect the application and that I will not have to stay in the US until the application is processed.

You can try, but such permission is rarely given.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Green Card through marriage

My boyfriend is a u.s citizen and we want to get married. The problem is that i came to mexico and i cant go back. I was wondering if there was any visa or anything that he can get for me to go back before i get my greencard. And how long and how much it takes to do the whole process.

You could look into a fiancee visa (K-1). It can take a few months.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I-130 for visiting parents

I'm a US Citizen & would like to sponsor GC for my parents who have 2.5 weeks of tourist visa validity. Is it possible in such a short time since you mentioned that they need to have visa validity until the I-130 is approved. Can they apply leave the country and get back?

You will need to file 130 and adjustment of status papers together.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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GC for wife - marriage annulled

I applied for GC in February 2005. I was married in October 2007 in India. I got my GC in July 2008 on EB2 category. I never added my wife to GC application after marriage because we had conflicts. She left to India in November 2007. I have got the marriage annulled in USA in December 2007. However did not proceed in Indian court. Now we have reconciled and want to get back together. Since there was no divorce in Indian court can I get a family based GC for her? According to Indian law she is my wife since October 2007. What options do I have to bring her to USA?

As far as I can tell, you are out of luck till you get remarried and naturalized. A legal annullment strikes out the marriage. Whether done here or in India should be irrelevant. But you are so close to natz., this should be no problem.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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F-4 Family Category

After completion of the case by NYC, interview date of my sister and family has been scheduled at the US Embassy at Johannesburg . Can you please let me know as to what type of questions are asked during interview. will they get visa same day, if everything goes well.

The questions in family-based cases tend to be basic and nothing to prepare for. Usually, the immigrant visa package could take a few days, but I am not certain as to the exact time frame. The consulates are good about responding to emails. Write to them.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Petition for mother

I am a US citizen and I want to petition my mother for Permanent residency using the I-130 form. She is currently in the USA illegally. Does she have to go back to her home country while I petition for her? Will she be deported if she stays here? I would like information about what to do with my case. Is there a fine that I have to pay because she has been here illegally since 1989?

As far as I know, if she entered USA legally, you should be able to get her green card. But I always advise people in this situation to get a local lawyer.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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F1 student (wife of a GC holder) - pregnant

I'm on F1 and got pregnant. Can I take a break for sometime and get back to studies? My husband is a GC holder..well we got married after he got GC. Now can he apply for a family based GC for me, I kind of know that it takes atleast 4 yrs for me to get GC...but just wanted to make sure that he can apply while I am on F1

For various reasons, I usually see no point in applying for a green card through a permanent resident spouse while you are on an F-1. About taking a break, the F status requires you to attend school full time unless there is a medical necessity. You need to discuss that with your international students advisor.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Brother with medical issues

Can I petition my brother to come here who has a serious medical issue and needs my help?

Green cards for brothers take approximately 10 years to come through. But for medical treatment, a B-1 visa can be applied.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Green Card Through Marriage

I just got married to an American Citizen, unfortunately I am in his country illegally. I want to know what process would we have to go through to get me a Green Card and make me a resident. I am also pregnant, will this affect anything at all?

For all people on B visa or illegal in USA who are marrying a US citizen, I strongly advise at least one consultation with a lawyer to make sure you will not run into trouble.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I-751 genuine marriage

My wife and I have decided that marriage does not fit into each others dreams anymore. We have been married for almost 3 years and Just got a notice that after filing I-751, the evidence submitted with the form was "insufficient". Our marriage and relationship started and continued in the utmost manner of good faith. Our decision for divorce was a mutual one. We plan on continuing friendship in good faith and she will always be part of our family. She has a life here, she works hard, pays taxes and wants to continue her life here. We both don't want her residency here, her life, stripped away.

I like your attitude. It appears to me that what is missing is proof, not genuineness. I suggest you contact a lawyer locally. They should be able to assist with finding items of proof that you may have overlooked.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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