Woodhaven, MI Immigration Law Firms & Lawyers

It generally depends on her country of birth. The wait is much longer for Filipinos than for Canadians, for example. Google "Visa bulletin March 2012". Chose the link from the Department of state, something with .GOV at the end. You will see a chart with about 25 squares, five vertically and five horizontally. The category is Family based 4, so look for the category F4. It will be bottom horizontal row. Then select her country of birth and should see a date. For example, below Mexico, 4F you will see May 22, 1996. This means that people who are beneficiary of a petition I-130 filed BEFORE 5-22-1996 are now ready for consular processing or adjusting status. Whatever your sister's country of birth, she still has to wait because the earliest possible date for 4F is October 8, 2000. The longest wait is for Filipinos (Dec 22, 1988). I hope this answer your question.

You should not leave the country. You are eligible to file for adjustment of status even if you overstayed your student status. The 10 year ban only comes into the picture when you depart the US. So as long as you don't leave the country, you can apply for your green card and stay. The entire process only takes about 3 months from start to finish. And there is no penalty when you overstay your visa as long as you are married to a US citizen : ).

You should consult with an attorney because filing Naturalization may trigger removal proceedings since you have records of "fraudulent marriage" in the immigration file.