spouse with green card .

Nasir7x

Nasir7x

New Member
Hello guys one of my friend went to USA as single when she was pregnant 7month the child born there 3month before .now the girl come back to his country and did marry with her boyfriend, father of her daughter.the girl have green card and her daughter citizenship . how they should begin ?I mean how they can have case and from where they should start?
 
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She can file I-130 petition for him. As spouse of a permanent resident, he will need to wait one or two years for the priority date to become current, and then they will be contacted about the process for him to apply for an immigrant visa.
 
Thanks for your answer . it mean when she should fill i-130 form now, then after 2 year will be contacted . it mean they need to wait 2 year and 1 year case process it take 3 year for them to live with each other in USA until that time should live far from each other in seprate country ?
 
Nasir7x said:
Thanks for your answer . it mean when she should fill i-130 form now, then after 2 year will be contacted . it mean they need to wait 2 year and 1 year case process it take 3 year for them to live with each other in USA until that time should live far from each other in seprate country ?
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Yes, basically.

He can still come to the U.S. in the meantime if he can get a visa, but for things like a tourist or student visa it's going to be hard due to immigrant intent; if it's a H1b work visa then there would be no problem, but it's hard to get those.
 
Thank you verymuch for your kind attention.
I thought when he fill i130 form the process will start and will end in one year he will be in usa. Because his daughter have citizenship and his wife green card. But as i see the process of visa will start after two year of filled i-130 .
May i get it right?
 
I dont understand why they should wait 2year as i see someone with citizenship had case they contacted in few days and the boy take visa in 8 month.
They should wait 2 year because she have green card not citizenship?
 
Yes, the difference is that she is a permanent resident. Spouse of a permanent resident is in the F2A category, which has a wait for visa numbers (the length of the backlog changes around a lot, but around 1-2 years). Spouse of a citizen is in the Immediate Relative category, which has unlimited visa numbers, so they can proceed immediately after the petition is approved.
 
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