Oceanside, CA Immigration Law Firms & Lawyers

As long as your entry into the US was legal (e.g., visitor visa), then you could come, stay, get married, and apply for your green card. I would recommend waiting at least 30 to 60 days after your last entry before getting married. And of course, consult an immigration attorney before doing anything.

From your information, it is not clear if your sister had only an I-130 petition filed for her, or an I-130 petition and an I-485 application to adjust status. If I-485 application was not filed yet, she need not worry, because approval of I-130 petition, in itself, does not give her a green card. Depending on who petitioned the government for your sister - a parent, a husband, a brother or a sister, or a child - and whether the petitioner is a U.S. citizen or a permanent resident, she might have to wait quite a few years before she would receive a visa. If the I-130 petitioner in this case is a U.S. citizen brother (or sister) of the beneficiary, your sister will not get a visa for, at least, 12 years (23, if she is from the Philippines). By that time, her present concerns are likely to change. If I-485 was already filed, too, there are steps that can be taken to stop its processing without losing the I-130 filing fee and priority date. Then again, there might be reasons for your sister to wish killing the I-130, too. Do yourself and your sister a favor: consult a competent specialist. Otherwise, you can cause much damage that cannot be fixed later.

It is best to get help from a lawyer. Interview him or her to see if you are satisfied that you need the help and that this is the correct attorney to do the job. Your situation requires a knowledgeable attorney who will spent the time to go to the interview with you when necessary.