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Posted

First of all hello and thanks for your interest

Important back ground info:

  • i have a visitor visa (b1/b2) expires 2014 and a student visa (F1) expires 2016
  • Im Egyptian but i live in the UAE (AD) and i am 18 years old
  • im in the UAE at the moment and will be back for school in the usa by the first week of september (i study in WI madison)
  • I have two siblings that are American citizens (both with duel citizenship) my brother is currently in California and my sister will not be visiting the usa anytime soon.
  • my parents do not have any status in the usa maybe a visa here and there

My main aim is too have citizenship or a green card sort of residence in the us but i need help with many things the government website and the guides in this website have been vague on and also where to begin all together! haha

questions:

  • Do i apply for a green card or citizenship? (the uscis website made it clear that a sibling can apply for a green card but didnt make it clear in regards of citizenship)
  • is there a special immigration visa i need or will the visas i have be enough for their requirements?
  • can i send the 1-30 and the 1-485 together? or do i have to wait for something?
  • where do i send it and with what ?
  • what else do i need to do?

As you can see im clueless on all this and i have no idea where to begin or what to do. Any one who knows how to do this would be great! :P

sorry for the long post

and finally thank you for your time and help

Posted

You must have a Greencard for years before you can get citizenship. So your first goal is to become a permanent resident. Your siblings can petition for you, but the wait is currently around 11 years for a visa number to be available. You can use your visas for their intended purposes (school and visit) but you cannot try to immigrate on them. You must leave when your allotted stay is up because if you overstay or abuse your other visas you will no longer be able to get an immigrant visa through your siblings.

So, you can go to school, and then go home, and wait out the 12 years somewhere else. Or, you can try to get a work visa to the US or similar. Good luck.

Here is the website that explains about relative visa categories and the current wait for them. You can see that they are currently processing petitions for siblings filed in 2001. http://www.travel.state.gov/visa/bulletin/bulletin_5712.html

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

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

Filed: Country: Monaco
Timeline
Posted (edited)
1339593270[/url]' post='5444892']

also one more question, wouldn't it be faster if my mother gets hers first (idk how it works with direct family (parents( and family of preference (ie brothers and sisters) as the website defines them) then applies for me?

if yes green card first right?

Yes it would be faster but she would need to become a green card holder herself first and then if she applies for you as a resident you are back in the long line. For her to be able to expedite your greencard she would need to be a US citizen, and that can only come five years after she becomes a resident. In other words, she would need to move to the US and take full time residence here in order to be able to apply for you, as a US citizen some 6 or 7 years down the road.

If your siblings are in a position to start your application, that might be the most effective route. In the meantime get your education and prepare yourself so that when you become a resident you'll be in a position to join the workforce with enoug qualifications.

Since your studying here there is always the possibility you may find a company willing to sponsor you and get you a work visa once you're done with your studies. There are several ways you can do that legally without jeopardizing your status and residence process.I doubt a lawyer can promise you to expedite this process. Make sure you have good references before involving a lawyer in the equation so you don't end up spending money for the similar results.

Edited by Gegel

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www.ffrf.org




Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

also one more question, wouldn't it be faster if my mother gets hers first (idk how it works with direct family (parents( and family of preference (ie brothers and sisters) as the website defines them) then applies for me?

if yes green card first right?

It's a shorter period of time. But still many years.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

also one more question, wouldn't it be faster if my mother gets hers first (idk how it works with direct family (parents( and family of preference (ie brothers and sisters) as the website defines them) then applies for me?

if yes green card first right?

Something you may have misunderstood, judging by your first post... In order to get a green card somebody must submit a petition for you. There are a few rare circumstances where someone can petition for themselves, but I'm fairly certain you don't qualify for any of them - very few people do.

Some petitions are classified as "immediate relative", and some are classified as "family preference". The "immediate relative" petitions are for specific relatives of US citizens; a spouse (IR1), a minor unmarried child (IR2 through IR4), or parent (IR5). The "family preference" petitions are for other relatives of US citizens and certain relatives of permanent residents; an adult unmarried son or daughter of a US citizen (FB1), a spouse or minor unmarried child of a permanent resident (FB2A), an adult unmarried son or daughter of a permanent resident (FB2B), an adult married son or daughter of a US citizen (FB3), or a sibling of a US citizen (FB4).

Before you can get a green card, the petition must be approved by USCIS, and a visa number must be available from Department of State. Visa numbers are always available for "immediate relative" petitions. Visa numbers for "family preference" petitions are rationed - only a limited number can be issued in each "family preference" category each year. What's more, no single country can receive more than 7% of the total visa numbers issued in any category in any year. This means that there's a waiting list for each "family preference" category, and the waiting list is longer for some oversubscribed countries (Egypt isn't oversubscribed). How long you'll wait depends on how many people are allowed to get a visa number in the same category each year, and how many people are waiting in line in front of you. The way they handle this is they record the date that the petition is received by USCIS - they call this the "priority date". Department of State publishes a list every month, called the "Visa Bulletin", which describes the priority dates which are now "current". Anybody with an approved petition with a priority date before the published cutoff dates in the Visa Bulletin can apply for a visa. If that person is currently in the United States with valid non-immigrant status then they can apply directly for the green card.

You can find the current visa bulletin here:

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

If you look at the current cutoff dates for each "family preference" category you'll get an idea how long you'll be waiting after a petition is submitted for you before you'll be eligible to apply for a visa and get a green card. Bear in mind that the cutoff dates don't always advance by one month with each new visa bulletin. Sometimes, the number of people who become eligible to apply for a visa when a new cutoff date takes effect is more than 1/12 of the visa numbers available for the entire year. If most of those people apply for a visa then the cutoff date advances by less than a month. If the number of people who become eligible for a visa in a given month is relatively low then the cutoff date advances by more than a month. If the total number of visa applications at the end of the year is more than the number of the visa numbers available then the cutoff dates can actually move backward, called "retrogression". In other words, don't assume that just because the current cutoff date is 8 years ago that you will be waiting 8 years. It could be more. It could be less.

You just need to watch the visa bulletin every month.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Posted

also one more question, wouldn't it be faster if my mother gets hers first (idk how it works with direct family (parents( and family of preference (ie brothers and sisters) as the website defines them) then applies for me?

if yes green card first right?

Probably not, or at least not by much.

Let's say your brother files for your mother now. Your mother will be an LPR in about a year. She'd also have to move to the US and live there full time. She could immediately file for you as the under-21 child of an LPR. But the wait on that is 2-3 years. Add the year it took your mother to become an LPR, and chances are you are 21 by then aka moved into the over-21 child of an LPR category which is a MUCH longer wait. If your mother becomes a citizen after 5 years she could upgrade your petition - but as you'd already be over 21, it would still be quite a wait.

You're looking at around 8-10 years no matter what. Depending on what your major is, if you don't want to return to your while waiting, you could see if you can find a job after you graduate that will sponsor you for a work visa.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

 
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