Q: where to wait for I-130 to be approved in the US or abroad
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My wife is going to get her citizenship soon and apply for a GC for her mother. Her
mother is in the US now but is going back to Russia soon. I am pondering two
scenarios.
One: her mother goes back to Russia, we file I-130, if she wants to come to the US
and apply for a visitor's visa, her application is going to be denied because an
immigration visa petition is filed on her behalf. In other words, she is stuck in
Russia for as long as the case is being processed which, I understand, can take as
long as a couple of years, right?
Scenario two. She stays in the US and we file I-130 and I-495. She has a visitor's
visa now which is going to expire soon. She overstays her visa, goes out of status
and waits until she gets a GC.
Did I get anything wrong? Is one way going to be faster that the other? Is there
any problem with her going out of status in scenario 2? Is there any way for her
to go back and forth while her case is being processed? Thanks very much for you
help. Evgeny.
mother is in the US now but is going back to Russia soon. I am pondering two
scenarios.
One: her mother goes back to Russia, we file I-130, if she wants to come to the US
and apply for a visitor's visa, her application is going to be denied because an
immigration visa petition is filed on her behalf. In other words, she is stuck in
Russia for as long as the case is being processed which, I understand, can take as
long as a couple of years, right?
Scenario two. She stays in the US and we file I-130 and I-495. She has a visitor's
visa now which is going to expire soon. She overstays her visa, goes out of status
and waits until she gets a GC.
Did I get anything wrong? Is one way going to be faster that the other? Is there
any problem with her going out of status in scenario 2? Is there any way for her
to go back and forth while her case is being processed? Thanks very much for you
help. Evgeny.