Family based Green Card application through an US Citizen Sister

[Monty11]

Rajiv ji:

Here is the question :
(1) My sister got US Citizenship. I would like to apply Green Card application using my sister's citizenship. Is it possible?
(2) Can I-485 and I-130 be applied simultaneously as currently I am in USA and I do have a pending I -485 case sponsored by my husband(his is EB3) .

FYI, Since recently My husband lost the job with the employer who applied for his green card ,I was worried that our I-485 cases may have some impact and it might take a long time to get it as it was applied under EB3 category and our priority date is March 2004. This is the reason I am thinking about the Family Based employment based green card application...

(3) In case if possible to apply for Family Based I-485 then can we stay in USA if our previous I-485 ( applied by my husband-employment based ) is denied.
Would appreciate your response.

Thanks.

 

[TheRealCanadian]

(1) My sister got US Citizenship. I would like to apply Green Card application using my sister's citizenship. Is it possible?

Yes. It falls under FB4.

(2) Can I-485 and I-130 be applied simultaneously as currently I am in USA and I do have a pending I -485 case sponsored by my husband(his is EB3) .

You cannot file an I-485 based on your sister's I-130 until its priority date becomes current, in around 12-15 years.

Your best bet is for your husband to use AC21 on his EB3 application; it'll be much faster than FB4.

 

[kittenKat]

Now I'm confused... I couldn't find March, 2004 priority anywhere. Did the employer already filed 485 for you? If so, then your hubby should just look for another job (considering 485 was pending over 18 days).

But if the employer applied only 140 for you (well, your hubby) (NOT 485 yet because of the priority dates), then if you loose the job with that employer (and did NOT find new one right away) then you can not stay in country (unless you change your status to something like F1 or F2-H2-or whatever the dependent visa can be).

Going though the relatives takes forever, unfortunately...