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    atoledo's Avatar
    atoledo Posts: 1, Reputation: 1
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    #1

    Nov 7, 2013, 02:11 PM
    Petitioning Sister and niece--which forms?
    My wife (a U.S. Citizen) wishes to file a petition so her sister (divorced) and her sister's 11yo daughter can come live in the US. Form I-130 states no separate form is needed when petitioning a brother/sister and his/her child. I assume she should also file a form I-485 (Application to Register Permanent Residence or Adjust Status). Is a separate form I-485 needed for the daughter as well? Is the I-485 fee then doubled?

    It all seems like so much money. Form I-130 is $420, form I-485 is approx. $1000, then another $1000 for the daughter.

    Any ideas how long from filing until they actually set foot in the U.S.

    Thank You
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
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    #2

    Nov 7, 2013, 02:48 PM
    She files I-130. Then there is a 12+ year wait before the priority date becomes current for that category. Only after the priority date becomes current, can the sister either apply for AOS (if she is in the U.S. at that time and in status; this is unlikely), or go through consular processing.

    I-485 is for AOS (adjustment of status); it is unlikely for the sister to go this path, because they would let her in on a tourist visa close to the priority date being current, so unless she is in the U.S. on a work visa or something, this is not possible. She will probably go through consular processing at the U.S. consulate in her home country. This process itself takes many months. The fees for that are different from the fees for AOS.

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