When can I file my Family based Green card?


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A person has to take the oath in order to be a USC. So, if a spouse plans to file an I-130 as a USC, they must have completed the oath, not just the interview.

In some locations, the oath ceremony can take place on the same day as the interview. Otherwise, the oath is scheduled for a later date following the interview.

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  • 3 weeks later...

My wife and me reside in India and visit this country to spend time with my children. We have a B2 Visa valid upto June 2017.My daughter is on H1B and son is on L1 now. My sisters are US citizens, so is the brother of my wife.Would it be possible for them to start the GC processing ?Is it necessary to be in US while the GC application is filed? Most importantly, what would be the approximate wait period to get a GC.We are past 61 and do not see any point in waiting endlessly for a GC.

I sall be grateful for some advice.

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Immigrating will take over a decade no matter what you do.

A USC may file an I-130 for a sister or brother and it will take 10 years or more for a visa to become available.

One of your kids would have to first get a greencard and then after 5 years become a USC to file for parents as immediate relatives.

Your kids have not gotten greencards yet so that could just as long or longer than coming as a sibling.

Have the siblings file now and hope a kid naturalizes fast enough to cut your wait times.

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