Divorcing, no green card but sister is USC

S

s268952

Registered Users (C)
Hello,

I am asking this question(s) on behalf of my sister. I am a US Citizen and I am hoping there is a way I can help her.

She is currently waiting for her divorce to be finalized. While she was married, she was going to apply for an AOS but her ex-husband never signed the paperwork and therefore she never submitted anything.

So here are my questions:

1. Could I petition for her since I am a US Citizen? My sister will be 26 years old in March 2008.

2. If that is possible, how long does the process take? Or to make a long story short, when will she receive her green card?

3. My parents, who are green card holders, petitioned for her before but because she got married, their petition became void. Would their previous petition have any effect on my new petition for her (assuming I am able to petition for her)?


Thank you.
 
s268952 said:
1. Could I petition for her since I am a US Citizen? My sister will be 26 years old in March 2008.

2. If that is possible, how long does the process take? Or to make a long story short, when will she receive her green card?
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Yes you can petition for her, but it'll be a LONG wait. Depending upon chargeable area (based on her nationality), your sister is looking at a 11-22year wait. :eek: Check the State Dept "visa bulletin" for current waiting times.

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

s268952 said:
3. My parents, who are green card holders, petitioned for her before but because she got married, their petition became void. Would their previous petition have any effect on my new petition for her (assuming I am able to petition for her)?
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No I don't think there is much likelihood of priority date portability since the original petition was voided.
 
Thank you for your response. Based on the chart from the link you provided, we're looking at the maximum waiting time...22 years (her nationality is Filipino). If I petition for her, what is she allowed to do while her petition is pending?

1. Can she work?
2. Can she travel outside of the US?

So basically, her best option would be to marry a US citizen. It just seems contradictory to make someone wait that long and not expect marriage fraud to happen. I'm not suggesting that she should just marry someone to get her green card but 22 years is a long time. She could also easily meet someone and legitimately get married before the wait period is up.

Is there any other window of hope?
 
s268952 said:
what is she allowed to do while her petition is pending?
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Wait, outside the US.

1. Can she work?
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Not only can she not work, she has no legal basis to remain in the US.

2. Can she travel outside of the US?
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Yes, but she cannot return easily, nor can she stay in the US.

So basically, her best option would be to marry a US citizen. It just seems contradictory to make someone wait that long and not expect marriage fraud to happen.
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Hence the vast amount of scrutiny placed on marriage-based GCs versus any other type.
 
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