1) it depends on the residency of the petitioner, not the beneficiary. If the petitioner resides in the US, I-130 needs to be filed in the US.
2) 10-14 years
3) yes, look at the visa bulletin on www.travel.state.gov
no, you cannot. Only spouses of US citizens can file I-485 after being out of status and successfully adjust.
She can leave the States and get an immigrant visa, provided that USCIS never determined that she is unlawfully present.
are both of them in the States in a legal status?
Read up on Child Status Protection Act. There is a formula in it that allows you to calculate "immigration age" for a child, even if their real age is over 21.
Greg, how do you intend to support a new immigrant? What if she can't get a job because of her limited English? She will not be entitled to public assistance or welfare. Will your income of less than $18K a year be enough to sustain both of you at a level when both of you get to eat more than...
well, let's not forget about DV lottery and employment-based immigration here. Marrying a woman would not be the only option to immigrate, but it would be an illegal one - since he'd marry for immigration purposes only.
while a lot of priority dates have become current recently, a lot of the cases have not even been forwarded to consulates even though they have been current for several months.
why even bother about work visas and immigration through her brother, when she could have a green card in about 4 months after marrying you and filing for a GC through you?
I-130 establishes the relationship between the beneficiary and the petitioner. The relationship continues - I-130 should be valid. She wouldn't have to go through the USCIS. She'd file DS-230 with a consulate, as far as I know.
1) if she is arriving with an immigrant visa, she will not get an EAD at the airport. She will immediately become an LPR.
2) Not really, if she is planning to come back pretty soon to actually reside in the States.
I agree. I questioned the approval of the change of status petition as well. Since it was applied for without a legal status, it was an error on USCIS' part.
you are missing the point that you have to be in legal status in order to apply for a change of status. If you are out of status, but...
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