Q: i am a permanent resident through marriage, i have my 2 daughters here with a visa b12, i want to petition them,
i am a pernament resident through marriage, i have my 2 daughters here with a visa b12, i want to petition them, can i do it with my conditional resident? My husband cant since he is away and by the time he comes their visa will expire. can i petition them under my conditional status?
do i send both i130 and i485 together?
A: You may petition for your daughters as a conditional resident. Just pay attention to processing times because it is very likely their visas would expire prior to their priority dates being current, and because they would not be considered immediate relatives of US citizens, any unlawful presence accrued in the US could require a waiver at a later date.
Jennifer Ibanez Whitlock agrees with this answer
1 user found this answer helpful
A: Their B1/B2 visas will likely expire before they will be eligible to receive their green cards in the U.S. through you.
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