Green card through Family-Based Green Card (Fourth Preference)- Help Needed!!

Ram_S

New Member
My Wife’s eldest sister & co-brother with two kids; who living & working in UNITES STATES for more than 10+ years with US Citizenship (obtained through H1B+ Green card + Citizenship). And now I and my wife with two kids, who is currently living in INDIA, would like to apply a green card by using Family-Based Green Card (Fourth Preference) visa. In order to apply green card for my family, I do have few clarifications. If anyone having a fair knowledge or experienced in similar situations. Please help to clarify my below doubts.

That would be really great for me to proceed on further checks with my co-brother to initiate my green card process. Thanks a ton in advance.


a) Since im working in an IT company. I MAY get a B1 / L1/ H1B during Family-Based Green Card (Fourth Preference) process. Will that be a show stopper for my Green Card? Or B1 / L1/ H1B visa process?


b) If yes, Can I ask my co-brother to apply a Family-Based Green Card (Fourth Preference) only for spouse & kids? By assuming that I may apply B1 / L1/ H1B visa through an company. Will that be okay?


c) Is it possible to include me at the time of my spouse approved green card petition before counseling interview at embassy?


d) Or is it a mandatory to apply a Family-Based Green Card (Fourth Preference) for my entire family?


e) If No, Do I need to apply green card separately? is it really I need to go through entire cycle of green card application process as like my spouse (i.e. ‘5- 10 yrs.’)? Even, if my spouse and kids being a green card holder? Or it takes months’ time to get a Family-Based Green Card (Fourth Preference) for me? Any idea how long?


f) Or should I go through Green Card petition for an Immediate Relative of a U.S. Citizen category?



Kindly help me above my clarifications. Thanks in Advance.
 

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So you first should understand how the process works. Your brother-in-law would file a petition for your wife (his sibling), which will be in the F4 category. At this point, you and any kids don't have anything directly to do with it. So there is no concept of you "not applying for it", because the petition is only for your wife. When a visa number is available for the priority date of the petition (which, for F4, born in India, currently has a wait of almost 13 years), then your wife, and you and the kids can all apply for immigrant visas; you and the kids would be derivative beneficiaries of your wife.

Could getting various visas affect the petition? No. Could having a petition filed for your wife affect you or your wife getting visas? Yes, possibly, for B visas. B visas require the person not to not have "immigrant intent", which means not intend to immigrate during an entry using the visa. Having a petition for your wife (if they know about it in the visa process or when you enter) could cause them to deny you a visa or to deny you entry for this reason. However, since the wait for your wife's category is so long, a short-duration-of-stay visa like B visa couldn't really be abused to immigrate anyway, at least in the first few years. So logically, it shouldn't really affect you getting the visa; but you never know what the visa officer will do. H1b and L1b are "dual intent", so are not affected by this.
 
After filing GC F4 petition, if the petitioner moves out of US, would it affect the petition? or how to get future notice from USCIS?
 
After filing GC F4 petition, if the petitioner moves out of US, would it affect the petition? or how to get future notice from USCIS?
 
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