Can my sibling come to the United States to live while the visa petition is pending?

[err 0]

Hello, My first post here @visajourney!

Anyway, I have been naturalized a couple weeks ago (Yay!). I am now thinking about sponsoring my sister and her husband by using I-130 (Petition for Alien Relative).

I am reading the USCIS documentation in detail but I am stumped over this topic (USCIS Link)

Q: Can my sibling come to the United States to live while the visa petition is pending?

A: There is no avenue for your sibling to enter the United States prior to immigration on the basis of a pending Form I-130. In most instances, the beneficiary of a pending or approved immigrant visa will not be eligible for a nonimmigrant visa, although certain exceptions may apply.

As I-130 may take 10 years (according to travel.state.gov), does it mean that my sister will not be even eligible for a simple tourist B-2 Visa? Would my sister be able to visit me in the United States during the Pending I-130?

More info:

Sister country of residence: Indonesia

Sister Age: 29

Sister Visa Status: 3 years left on her B-2 Visa

My status: Completed Naturalization, US Citizen now.

Any inputs appreciated! Thanks!

err

[NigeriaorBust 4,087]

Your sister is free to take advantage of any other visa for the US she has while you wait for your petition to become current. Filing does not impart any immigration benefits on her. She must wait or find a different visa to reside in the US. If she has a good track record of short visits she will probably get another visitors visa but if she pushes the limits of time allowed in the US then it may not be renewed.

[err 0]

Your sister is free to take advantage of any other visa for the US she has while you wait for your petition to become current. Filing does not impart any immigration benefits on her. She must wait or find a different visa to reside in the US. If she has a good track record of short visits she will probably get another visitors visa but if she pushes the limits of time allowed in the US then it may not be renewed.

thanks for the response!

My sister does not have any intention to live in the US prior to the completion of the I-130 and getting her Permanent Resident more than 10 years from now. Howeve, she does want to have short 1-3 weeks visit from time to time to visit my family and for vacation purposes.

Thanks!

[Brother Hesekiel 2,236]

You file an I-130 for your sister now.

She can use her B2 to visit you every year until her priority date becomes current. If she doesn't over-do it, she can stay in the US a few months every year. I have friends in Germany, Austria and Sweden (all "old" people), who own condos in Florida and they have been spending the winter months there for many years.

[err 0]

You file an I-130 for your sister now.

She can use her B2 to visit you every year until her priority date becomes current. If she doesn't over-do it, she can stay in the US a few months every year. I have friends in Germany, Austria and Sweden (all "old" people), who own condos in Florida and they have been spending the winter months there for many years.

Thanks for the response Bob. I guess I can now safely cross this worry off my list

[Harsh_77 718]

She can try entering on B2, but it is not a guaranteed entry and she should be prepared to be put on the next plane back home.

Officer at POE might not let her enter US fearing she might not leave the country and try to stay in the country.