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Family Based Green Cards - Through Marriage or a Relative Before posting a question here, please visit our FAQ to see if your question is answered here

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  #1  
Old 21st June 2005, 04:46 AM
tr3 tr3 is offline
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After we are legally married (I'm US citizen), could my wife apply for GC right away?

After we are legally married (I'm a US citizen), could my wife apply for GC right away?
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  #2  
Old 21st June 2005, 07:58 AM
JimGren2005 JimGren2005 is offline
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Yes. You (and not she) have to apply for her Green card.
You need to file I-130,I-485(adjustment of status) and optionally I-131(Advance parole). You can get all that info on uscis.gov.

Disclaimer: This is not a legal advice
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  #3  
Old 21st June 2005, 12:34 PM
mephipps mephipps is offline
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You should be able to apply right away. But you don't give enough information to say for sure that you go the adjustment of status process.
If your wife is in the US and she entered legally and her background is clean then you would file adjustment of status. Some forms are filed by you some by her. If she is outside of the US you can use other processes.
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FD: 6/21/2004
ND: 7/1/2004
FP+Bio: 8/18/04
EAD Approved: 8/25/04
FP check Approved 8/30/2004
AP: Approved: N/A did not file
Interview: 6/8/2005
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  #4  
Old 21st June 2005, 01:07 PM
usnycus usnycus is offline
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Quote:
Originally Posted by tr3
After we are legally married (I'm a US citizen), could my wife apply for GC right away?
It depends how/when you got your GC (… I know you are a citizen, kindly read complete paragraph) . If you got your GC through spouse, then you need to wait for 5 years from your GC approval day to apply for your (new) spouse, in all other cases you can start right away.

You need to file I-130 and she needs to file I-485 (and/or I-765/130 etc).
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Location: Garden City, NY
07/21/2009 (Day 001) : Mailed N-400
07/24/2009 (Day 003) : ND/Application Received
07/27/2009 (Day 006) : Check Cashed, NOA Date
07/31/2009 (Day 010) : NOA Received
08/04/2009 (Day 014) : FP ND
08/07/2009 (Day 017) : FP Notice Received
08/13/2009 (Day 023) : LUD - RFE
08/18/2009 (Day 028) : FP Scheduled/Done
09/21/2009 (Day 062) : YL Date
09/25/2009 (Day 066) : YL Received
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  #5  
Old 21st June 2005, 06:28 PM
bucks.rule bucks.rule is offline
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Quote:
Originally Posted by JimGren2005
Yes. You (and not she) have to apply for her Green card.
You need to file I-130,I-485(adjustment of status) and optionally I-131(Advance parole). You can get all that info on uscis.gov.

Disclaimer: This is not a legal advice
JimGren2005, you are wrong. The non USC has to file I-485, I-131 and I-765. The USC only files the I-130. In a sense both have to apply together for her Green Card.

Go Bucks
__________________
MY TIMELINE
1/15/2005 - Mailed I-130, I-131 (AP), I-485 (AOS) and I-765 (EAD) to Chicago LockBox (DAY 1)
1/21/2005 - Notice Date (ND) (DAY 7)
1/24/2005 - Received all 4 NOAs in the mail (DAY 10)
3/05/2005 - Multiple entry AP dated 02/26/05 received!! (DAY 50)
3/08/2005 - Biometrics and FP completed in Columbus OH ASC
3/14/2005 - EAD card and notice dated 02/24/05 received!! (DAY 59)
4/4/2005 - Received AOS Interview notice(DAY 80)
6/23/2005 - AOS Approved :-) (Day 160)
Go Buckeyes
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  #6  
Old 21st June 2005, 06:30 PM
bucks.rule bucks.rule is offline
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Quote:
Originally Posted by usnycus
It depends how/when you got your GC (… I know you are a citizen, kindly read complete paragraph) . If you got your GC through spouse, then you need to wait for 5 years from your GC approval day to apply for your (new) spouse, in all other cases you can start right away.
USNYCUS did you consider the possibility, that he is a US citizen who was born in the USA and never had a GC. :-)

Go Bucks
__________________
MY TIMELINE
1/15/2005 - Mailed I-130, I-131 (AP), I-485 (AOS) and I-765 (EAD) to Chicago LockBox (DAY 1)
1/21/2005 - Notice Date (ND) (DAY 7)
1/24/2005 - Received all 4 NOAs in the mail (DAY 10)
3/05/2005 - Multiple entry AP dated 02/26/05 received!! (DAY 50)
3/08/2005 - Biometrics and FP completed in Columbus OH ASC
3/14/2005 - EAD card and notice dated 02/24/05 received!! (DAY 59)
4/4/2005 - Received AOS Interview notice(DAY 80)
6/23/2005 - AOS Approved :-) (Day 160)
Go Buckeyes
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  #7  
Old 22nd June 2005, 06:43 PM
usnycus usnycus is offline
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Quote:
Originally Posted by bucks.rule
USNYCUS did you consider the possibility, that he is a US citizen who was born in the USA and never had a GC. :-)

Go Bucks
".......... in all other cases, you can start right away."

Yes I did consider ....
__________________

Location: Garden City, NY
07/21/2009 (Day 001) : Mailed N-400
07/24/2009 (Day 003) : ND/Application Received
07/27/2009 (Day 006) : Check Cashed, NOA Date
07/31/2009 (Day 010) : NOA Received
08/04/2009 (Day 014) : FP ND
08/07/2009 (Day 017) : FP Notice Received
08/13/2009 (Day 023) : LUD - RFE
08/18/2009 (Day 028) : FP Scheduled/Done
09/21/2009 (Day 062) : YL Date
09/25/2009 (Day 066) : YL Received
11/07/2009 (Day 109) : LUD - sent for interview
11/19/2009 (Day 121) : Waiting for IL
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