When can one apply for greencard if married to a citizen and fulfilling the home req?

M

Manay

New Member
Hello,

My husband and I have been married for 6 years and I am an american citizen. For all the years we have been married he has been on a J1 and now fulfilling the 2 year home requirement. When can he petition for a greencard, Now? Or after the 2 years are over. Any help or direction would be appreciated.

Thanks
 
he can't petition for his GC, but you can, since you are a US citizen.

You should do it in advance, because it would take several months for I-130 to get approved, sent to National Visa Center and then to the U.S. consulate.

How much time does he have left on his HRR?
Which country is he from? does that country allow for Direct Consular filing of I-130? if not, then the only way for you is to file I-130 forms in the service center that has jurisdiction over your place of residence.

I-130

do read the instructions carefully and enclose all supporting documents
 
Hi,

Thanks for responding. Well he just finished his J1 stay this past June. so about 1 1/2 more years to go.

So if I petition now what happens then? I understand it takes a long time, but are certain steps to acquire a GC followed through while he is on hsi home leave? What happens if all the GC requirements are fulfilled, is he given a condition GC on which he can re-enter the country after the home leave? so many questions, sorrry but im so confused!

btw he is from Pakistan

thanks
 
More info

The information here might be useful. I believe that you would be eligible to apply for your husband in Pakistan the next time you go visit. Or, like mentioned above, you can file the I-130 from the US. Again, you are the sponsor, not your husband, so you will file the petition.

Either way, the subsequent forms (Packet 3, etc) mentioned in the link above will contain questions including whether the applicant is subject to the J-1 home residency requirement. If your husband has not completed his 2 years by then, he may be asked to wait before he can obtain his visa. I do not know if they will deny his application outright, or ask him to wait until his 2 years are up. Please keep in mind that if your husband ever visited Pakistan while he was in the US on a J-1 visa, those short visits can also be subtracted from the 2 years.

Either way, being the spouse of a US citizen is generally one of the easiest and fastest methods of obtaining a green card, all else being legitimate. He may be placed on a conditional green card but that's normal. The US will also need to see proof of contact, not just proof of marriage, so along with wedding pictures and the like, be sure to save your phone bills and internet chats with him, as those are proof of contact.

Hope this info helps.

Oh - he will not be given a Green Card (conditional or otherwise) in Pakistan, he will be given an immigrant visa valid for 6 months. He has to land in the US before the 6 months are up, after which his Green Card will be mailed to his US address.
 
Last edited by a moderator:
jk0274 said:
He may be placed on a conditional green card but that's normal.
Click to expand...
since they have already been married for 6 years, he will definitely get an unconditional GC after entering the US with an immigrant visa.
 
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