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How much time it will take to bring wife to US for green card holder husband?????

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  • How much time it will take to bring wife to US for green card holder husband?????

    How much time it will take to bring wife to US for green card holder husband?????

    As per current priority dates for F2A categroy reaches to date 1-May-2009, so now if green card holder husband filed petition for his wife then how much time it will take to bring his wife to USA ??

    As we know before it will take around 5 to 6 years. So now based on current processing time wheather it will take 1 or 2 years (faster than before) ???

  • #2
    Nope, you are looking at 5-6 years. If republicans have their way, your wife won't be allowed to come in for another 10 years. Plus she has to prove she won't be having any "anchor babies" for another 10 years. The fastest way for your wife to be here, if she can get a student visa, then live with you while you wait for your naturalization. The only way in which you can get her a greencard quicker, you are a citizen. Alternatively, she can be sponsored for an H1B by a US corporation...or wait... the H1B visa are going to be under review by the GOP too, complaints that too many Asians are in that category...
    Disclaimer: Spend couple of semesters at Columbia Law School, but this is not a legal advice, though may include a legal jargon.

    So, consult a competent (NOTE: COMPETENT) immigration attorney (ONE REGISTERED WITH A BAR), not a drinking bar, but a law bar...

    Comment


    • #3
      ^^^
      Have you lost your mind Al? If you want to post based on your imaginary world, please find a forum for fiction writers and you will fit right in.

      Comment


      • #4
        Originally posted by nvshah View Post
        How much time it will take to bring wife to US for green card holder husband?????

        As per current priority dates for F2A categroy reaches to date 1-May-2009, so now if green card holder husband filed petition for his wife then how much time it will take to bring his wife to USA ??

        As we know before it will take around 5 to 6 years. So now based on current processing time wheather it will take 1 or 2 years (faster than before) ???
        Previously, waiting for visa number to be available was what made the wait so long. As of right now, the current PD is 01 MAR 2009. So, it's an improvement. However, the I-130 still needs to be approved. If you go by PD< between 1-2 years is a good estimate.

        Comment


        • #5
          Originally posted by VisaNutz View Post
          ^^^
          Have you lost your mind Al? If you want to post based on your imaginary world, please find a forum for fiction writers and you will fit right in.

          Visa,

          Yes, I lost my mind momentarily, hence I provided incorrect information which I know see. I am glad we still have nutcases like yourself, who can correct some of us who are on too much caffeine...

          I hope your nuts are still being salted..lol!!!
          Disclaimer: Spend couple of semesters at Columbia Law School, but this is not a legal advice, though may include a legal jargon.

          So, consult a competent (NOTE: COMPETENT) immigration attorney (ONE REGISTERED WITH A BAR), not a drinking bar, but a law bar...

          Comment


          • #6
            Originally posted by nvshah View Post
            As we know before it will take around 5 to 6 years. So now based on current processing time wheather it will take 1 or 2 years (faster than before) ???
            The current 1-2 year trend is just for very recent months, as they try to mop up unused visa numbers before the end of FY2010 in September. Expect things to go back to 4-5 years when they have the usual retrogression in October.

            EB3 ROW I-485 Approved: July 2007
            USC: July 2013
            I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

            Comment


            • #7
              Originally posted by Al Southner View Post
              Visa,

              Yes, I lost my mind momentarily, hence I provided incorrect information which I know see. I am glad we still have nutcases like yourself, who can correct some of us who are on too much caffeine...

              I hope your nuts are still being salted..lol!!!
              Al.. you are a funny man.. ha! Salty nuts..

              Comment


              • #8
                Originally posted by Jackolantern View Post
                The current 1-2 year trend is just for very recent months, as they try to mop up unused visa numbers before the end of FY2010 in September. Expect things to go back to 4-5 years when they have the usual retrogression in October.
                Come on why are you so negative.. It may slow down but won't get retrogressed at least for immediate relatives.
                ----------------------------------------------------------
                N-400 sent on Oct 18.
                FP done Nov 14

                Comment


                • #9
                  Originally posted by immi_mygc View Post
                  Come on why are you so negative..
                  Because that's been the pattern for FB2A for years now.

                  It may slow down but won't get retrogressed at least for immediate relatives.
                  Who's talking about Immediate Relatives?
                  ------------------------------------
                  IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

                  PD: 9/12/2000 (EB3/VA/RIR/Canada)
                  I-140 RD: 12/22/2000
                  I-140 AD: 7/16/2001
                  RD: 8/28/2001
                  ND: 10/26/2001
                  FP1: 1/31/2002
                  RFE: 8/2/2002
                  RFE RD: 8/28/2002
                  TD: 10/22/2002
                  FP2: 6/19/2004
                  ID: 07/15/2004
                  AD: 07/15/2004
                  CO: 08/18/2004
                  CR: 08/23/2004
                  N-400 RD: 05/21/2009
                  FP: 06/13/2009
                  CFR: 08/05/2009
                  IL: 08/21/09
                  ID: 10/7/09
                  USC: 10/8/09

                  Comment


                  • #10
                    guys, I am looking at the visa bulletin for the month of august, I am curious about 2A category for india, the date in the table is 01MAR09. Does this mean that they are processing all the applications of the 2A category, who has the i 30 applied before 01MAR09 currently?

                    or is approved i130 before 01MAR09?

                    if an I (while holding a GC) filed i-130 in august of 2008 (soon after marriage), would have my wife gotten her visa by now ?

                    I just want to make sure it was foolish of me to wait till i got naturalized in 2010 to start her visa process (starting with the i-130)


                    Thanks
                    -----------------------
                    New York City
                    -----------------------

                    -------------------------------------------
                    with best of intentions - Sree

                    Comment


                    • #11
                      Originally posted by sreeleshk View Post
                      guys, I am looking at the visa bulletin for the month of august, I am curious about 2A category for india, the date in the table is 01MAR09. Does this mean that they are processing all the applications of the 2A category, who has the i 30 applied before 01MAR09 currently?

                      or is approved i130 before 01MAR09?
                      It's based on the application date, not approval date.

                      if an I (while holding a GC) filed i-130 in august of 2008 (soon after marriage), would have my wife gotten her visa by now ?
                      Probably not. Last month the cutoff was July 2008. If you had filed in August 2008, this would be the first month of visa number availability for her. August just got started; it is unlikely she would have completed all the consular formalities already.

                      EB3 ROW I-485 Approved: July 2007
                      USC: July 2013
                      I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                      Comment


                      • #12
                        Hi, I'm on F1 visa and married to a GC holder.. Do you think we should file for I-130 or wait till he gets his Citizenship..My husband got GC in 2008.
                        Priority Dates do seem encouraging... Is this a temporary thing, or can it go backwards?....Should we atleast wait till October to see the real picture?....Please share your thoughts...

                        Comment


                        • #13
                          Go ahead and file the I-130 now. It probably will get approved before he can obtain citizenship in 2013.

                          Is this a temporary thing, or can it go backwards?
                          If past history is an indicator, it is probably temporary and will go backwards in October.
                          Last edited by Jackolantern; 8th August 2010, 01:02 PM.

                          EB3 ROW I-485 Approved: July 2007
                          USC: July 2013
                          I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                          Comment


                          • #14
                            Thanks Jackolantern!
                            So if i understand your statement correctly, what you are saying is that priority dates will go backwards in Otcober, and still i will get my GC before my husband gets his Citizenship if we apply I-130 now. based on our situation It is better to apply for I-130 now than wait for my husband to become citizen?

                            and i looked through the I-130 form, it is simple..do you think we should file it on our own or contact an attorney for filing it

                            Thanks again..

                            Comment


                            • #15
                              Originally posted by f1holder View Post
                              So if i understand your statement correctly, what you are saying is that priority dates will go backwards in Otcober, and still i will get my GC before my husband gets his Citizenship if we apply I-130 now.
                              You misunderstand. The I-130 may get approved, but there is no guarantee that a visa will be available for you in FB2 before 2013.
                              ------------------------------------
                              IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

                              PD: 9/12/2000 (EB3/VA/RIR/Canada)
                              I-140 RD: 12/22/2000
                              I-140 AD: 7/16/2001
                              RD: 8/28/2001
                              ND: 10/26/2001
                              FP1: 1/31/2002
                              RFE: 8/2/2002
                              RFE RD: 8/28/2002
                              TD: 10/22/2002
                              FP2: 6/19/2004
                              ID: 07/15/2004
                              AD: 07/15/2004
                              CO: 08/18/2004
                              CR: 08/23/2004
                              N-400 RD: 05/21/2009
                              FP: 06/13/2009
                              CFR: 08/05/2009
                              IL: 08/21/09
                              ID: 10/7/09
                              USC: 10/8/09

                              Comment


                              • #16
                                Originally posted by f1holder View Post
                                Thanks Jackolantern!
                                So if i understand your statement correctly, what you are saying is that priority dates will go backwards in Otcober, and still i will get my GC before my husband gets his Citizenship if we apply I-130 now.
                                No. If the dates move backward, you probably WON'T get your GC before he gets citizenship. But your I-130 should be approved before his naturalization. Remember that I-130 approval is not GC approval; I-130 is just the first step of the process.

                                The advantage of filing the I-130 now is to get it approved before he becomes a citizen, so you're not continuing to wait for its approval after his naturalization.

                                EB3 ROW I-485 Approved: July 2007
                                USC: July 2013
                                I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                                Comment


                                • #17
                                  Thank you RealCanadian and Jackolantern for your responses.
                                  I get it now...most probably i will get my I-130 approved before my husband gets his citizenship but for me to get my GC the dates have to be current and the date probably will go backwards and i might have to wait till my husband gets his citizenship, that time i will not need to wait for my I-130 to be approved.
                                  one more question...While i'm on F1, If i apply for I-130 and it gets approved or while it is in pending, if i'm needed to travel out of the country, do you see any issues while retuning to US again?... I just want to make sure that i will not have any issues while coming back to US if at all i go visit my home country...If there are any issues i prefer being on F1..

                                  Thank you for all your responses..

                                  Thanks

                                  Comment


                                  • #18
                                    Originally posted by f1holder View Post
                                    Thank you RealCanadian and Jackolantern for your responses.
                                    I get it now...most probably i will get my I-130 approved before my husband gets his citizenship but for me to get my GC the dates have to be current and the date probably will go backwards and i might have to wait till my husband gets his citizenship, that time i will not need to wait for my I-130 to be approved.
                                    one more question...While i'm on F1, If i apply for I-130 and it gets approved or while it is in pending, if i'm needed to travel out of the country, do you see any issues while retuning to US again?... I just want to make sure that i will not have any issues while coming back to US if at all i go visit my home country...If there are any issues i prefer being on F1..

                                    Thank you for all your responses..

                                    Thanks

                                    It could be.. because F1 is non-immigrant visa without dual intention unlike H1 and once I130 is filed you are establishing intent to immigrate. This could be issue if you need to travel.
                                    ----------------------------------------------------------
                                    N-400 sent on Oct 18.
                                    FP done Nov 14

                                    Comment


                                    • #19
                                      Originally posted by f1holder View Post
                                      While i'm on F1, If i apply for I-130 and it gets approved or while it is in pending, if i'm needed to travel out of the country, do you see any issues while retuning to US again?
                                      Once you got married to a green card holder, you risk being unable to enter the US with the F1 visa. Upon filing the I-130, that greatly increases the risk of being refused entry, as that would make them directly know of the marriage and your immigration plans. Basically, if you don't want to take a significant risk of being stuck outside the US, you'll have to remain stuck inside the US until you can file I-485 and get Advance Parole, or change to an H1B visa.

                                      EB3 ROW I-485 Approved: July 2007
                                      USC: July 2013
                                      I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                                      Comment


                                      • #20
                                        Hi guys !

                                        My situation is somewhat similar to F1holder. I am not yet married. My fiance is a a green card holder since Aug 2008. I am on F1 doing OPT and trying to look for a company sponsor me H1.
                                        Should I get married and file for I-130. I found the priority dates very encouraging. But people in the forum say that this trend will not last long. Travel outside the US makes reentry a risk.
                                        Or get married and continue to be on F1, try and get H1 and apply for a green card when he naturalizes.

                                        Is there any other way I can stay in the US legally ?

                                        Comment

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