My brother is a US citizen and he wants to file for a green card application on my behalf.....but i am alsp aware that this process takes years to get approval. Along side, i am dating an American citizen, and i also know that process time for spouse filing is quite shorter compared to sibling. If my brother starts the application now, in the event that my girlfriend and i get married...would she be able to file for me, or would the previous sibling application, hinder the spouse application.
Yes, if your brother files an I-130 for you and you later get married to a citizen, your spouse can then also file an I-130 on your behalf. Both may be pending at the same time but you will only be able to get residence through one.
I am a lawyer, but I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.
Yes, your U.S. citizen brother can file a petition for you now. If you get married to a U.S. citizen, nothing will prevent your spouse from filing a petition on your behalf as well.
Legal disclaimer: By answering this question, there is no intention to create, nor does it create an ongoing duty to respond to questions. An attorney-client relationship has not been formed. The answer is not intended as anything other than the opinion of the author. It should not be relied upon as legal advice. The answer given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
Your brother can file for you and if you marry then your spouse will also be able to file for you. If you have overstayed your visa by 180 days or longer you will face a 3 or 10 year bar which will severely complicate things if you have to consular process abroad due to your brother's filling. If you marry and your spouse files for you then you may be able to adjust status and obtain a green card while in the U.S. Through a spouse you will not have to worry about any 3 or 10 year bar for overstaying a visa.
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