kazzuk

My husbands sister filed an I-130 for us back in 2000 under the 4th preference, it has not been adjudicated yet. We have just found out that she has to be a US citizen to file for a sibling, not a LPR. She has lived here 40 years. Can she file for citizenship now so that we are considered from the initial submission date? We are all from the UK.

scrubbedexpat099

Logic says no, the original application had no basis.

You can keep track of the dates here, also states the basis of any application:

http://travel.state.gov/visa/frvi/bu...etin_2868.html

12 years, or so.

Have you also considered the health cost issues realting to moving to the US. If you are retired you can get a B2 for 6 month visits a year.

kazzuk

I'm currently here on an L1. Health issues are not a problem, we are only in our early 40's and have medical cover. So are you saying that our original application is void and cannot be changed if she was to convert to a US Citizen?

scrubbedexpat099

As I understand it you can upgrade a petition if for example you can file as a LPR but you will move into a quicker category as a USC.

But in this case the filing was void in the first place, so there is nothing to upgrade.

Sort of surprised that this was not picked up on filing. I do not recollect anyone with a prior posting, would expect it to very unusual. I guess I could file for you and it would be equally invalid.

But the good news if you are here on a L you have a relatively immediate route anyway. So none of this is an issue.

I was going on the 40 years here plus another 12 or so and probably her moving over when she was in her 20's.

Folinskyinla

Hi:

If you are here on an L-1A, look at the employment side of the equation.

Amanda

kazzuk wrote:
    > > Logic says no, the original application had no basis.
    > >
    > > You can keep track of the dates here, also states the basis of any
    > > application:
    > >
    > > http://travel.state.gov/visa/frvi/bu...etin_2868.html
    > >
    > > 12 years, or so.
    > >
    > > Have you also considered the health cost issues realting to
    > > moving to the US. If you are retired you can get a B2 for 6
    > > month visits a year.
    > I'm currently here on an L1. Health issues are not a problem, we are
    > only in our early 40's and have medical cover. So are you saying that
    > our original application is void and cannot be changed if she was to
    > convert to a US Citizen?

Only a USC sibling can file F4 category peititon for a sibling and
hence what your sister-in-law did for your husband wwould not be
approved and there would be no priority date for hour husband to
upgrade. Currently F4 family-based category takes 12 years waiting for
GC application from the date of priority date assigned upon petition
approval.

All at http://www.uscis.gov, click Greencard, see family-based.


    >
    > --
    > kazzuk
    > Posted via http://britishexpats.com

kazzuk

Oh well, we will just have to hope that our I-140 is approved, then we can adjust status. We just thought this would be a good back up.