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Posted

Hello VJ members, my situation is quite complicated (and confusing). Please give me some advice !!!

I came to America with F1 visa in 2003. I currently graduated from college with BSN degree and RN license.

My fiancee and I are getting married at the end of November. How long after the marriage can she files the petition for me?

The complication is that, my fiance is my brother-in-law's sister. My younger sister is married to her older brother.

They are married 3 years earlier and she's already got approved for green card. (My fiancee and I met through my sister and her brother)

It might sounds weird but we are not blood related or even close at all, so I don't think there is any problem with us getting married.

I'm just worried about the application process and especially the interview. Would they give us any problem with my situation?

Thank you

Posted

She can petition for you (if she is a US Citizen) the day you get married. You just need the marriage certificate (if your state doesn't give you the cert on the day you marry, then you need to wait until you have that copy). Here is the VJ guide. http://www.visajourney.com/content/i130guide2

We can't know if they will give you a hard time, what they will do is determine if you got married solely for the immigration benefit. My guess is that your situation would be very minimally negative, but I don't know the specifics of your case like the person that interviews you will by the time you meet them. Good luck and congrats on your upcoming marriage!

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: K-1 Visa Country: Ghana
Timeline
Posted

Sounds like an interesting case to me (from a immigration employee standpoint). I would just make sure you have more than enough SOLID evidence that the relationship is a genuine one. Depending on what country you are coming from (Unfortunately, we all know that makes a little bit of a difference), If you have all your ducks in a row evidence wise, that would make it a little more difficult to challenge you at the interview. Just my opinion... but you never really know what to expect with the immigration folks.

Posted

She can petition for you (if she is a US Citizen) the day you get married. You just need the marriage certificate (if your state doesn't give you the cert on the day you marry, then you need to wait until you have that copy). Here is the VJ guide. http://www.visajourney.com/content/i130guide2

We can't know if they will give you a hard time, what they will do is determine if you got married solely for the immigration benefit. My guess is that your situation would be very minimally negative, but I don't know the specifics of your case like the person that interviews you will by the time you meet them. Good luck and congrats on your upcoming marriage!

Thank you for your respond.

I'm just worried if it's legal. I guess if it's legal for us to marry, it should be legal for her to petition for me too.

I mean, a friend told me that it's not possible for a brother and sister to petition for another brother and sister. I hope he isn't right !!!

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Thank you for your respond.

I'm just worried if it's legal. I guess if it's legal for us to marry, it should be legal for her to petition for me too.

I mean, a friend told me that it's not possible for a brother and sister to petition for another brother and sister. I hope he isn't right !!!

'in laws' are not blood relatives. There is nothing illegal about what you are doing. It is not common, but not unheard of. Just make sure you have plenty of evidence.

Congratulations!

E3 visa - Issued 06/04/2008, Ottawa, Canada
E3 status - Renewed 02/26/2010, LAX, USA
Married (Pennsylvania) - 08/21/2010
i-130/i-485 Application sent - 10/13/2010
EAD document production notice - 01/06/11
Interview letter arrived - 01/13/2011
EAD card arrived - 01/14/2011
Interview! - 02/15/2011 9:45am. APPROVED!
Divorce decree - 08/24/2012
Filed for removal of conditions (waiver) i-751 - 10/22/12
Walk in Biometrics - 11/02/12
Service request (outside of processing timelines) - 06/21/13
i-751 Touched - 07/03/13
ROC i-751 Approval received - 07/08/13
Card production - 07/19/13
10 year card arrived - 07/25/13
N-400 Citizenship application sent - 12/08/2015

Interview - 05/25/2016

Oath Ceremony - 5/25/2016
US CITIZEN!

Filed: Citizen (apr) Country: India
Timeline
Posted

you should not have any problems, best of luck

eligibility Criteria: 3 years


10-14-2013: Eligibility Date


11-01-2013: Application Sent


11-04-2013: Application Received


11-04-2013: Priority Date


11-07-2013: Check/Money Order Cashed


11-13-2013: Bio-metric Letter sent Date


11-18-2013: Bio-metric Date (Walk in)


12-12-2013: In-line for Interview


01-02-2014: Interview Date Letter Received


02-05-2014: Interview


02-14-2014: Oath scheduling que


03-25-2014: Oath scheduled


03-28-2014: Oath Date Letter Received


04-24-2014: Oath Ceremony

Posted

Thank you for your respond.

I'm just worried if it's legal. I guess if it's legal for us to marry, it should be legal for her to petition for me too.

I mean, a friend told me that it's not possible for a brother and sister to petition for another brother and sister. I hope he isn't right !!!

But as I understand it, YOUR WIFE is filing for you. She is not filing for you based on the fact that she is your sister-in-law (which is no legal relationship for immigration and provides no benefits) but rather that you are married. Brother-sister relationships don't come into play here, unless your wife is not a US Citizen?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

But as I understand it, YOUR WIFE is filing for you. She is not filing for you based on the fact that she is your sister-in-law (which is no legal relationship for immigration and provides no benefits) but rather that you are married. Brother-sister relationships don't come into play here, unless your wife is not a US Citizen?

Oh yes, my wife will petition for me, as my wife, not my sister-in-law.

Of course we didn't plan dating like this at all, we fall in love quite awhile after we first met, not like right away.

My brother-in-law successfully petition for my sister 2 years ago, so they told us everything they know and what they did.

I'm just worried about the interview.

 
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