Apply greencard for second wife

O

out

New Member
Ok, I don't have two wives ;-) Infact I have none today.

My ex-wife was a beneficiary of greencard through me which we received in 2005. I got divorced in 2007 and she left the US to go to her homeland.

I met someone who is working in the US on H1B. I understand that I can apply for her greencard only when I become a citizen in 2010-11 timeframe.

My question is: Can I apply for her greencard at that time, given that I had already sponsored my ex-wife in 2005?
 
out said:
I understand that I can apply for her greencard only when I become a citizen in 2010-11 timeframe.
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You can apply for her GC now, but her priority date will not become current until after you become a citizen.

My question is: Can I apply for her greencard at that time, given that I had already sponsored my ex-wife in 2005?
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You did not sponsor your ex-wife, she was a derivative beneficiary. No I-130 was filed by you for her.
 
This is an eye-opener. But I may be understanding this incorrectly.

TheRealCanadian said:
You can apply for her GC now, but her priority date will not become current until after you become a citizen.
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Are you saying that I can apply for her green card NOW? I am still on Greencard and I'll become eligible for applying for a citizenship in 2010. So far I have heard that as long as I am on greencard, I can't apply for her greencard.

Will she get an EAD so that she can stop worrying about losing her job and thus H1B? Because we are thinking of applying for F1 in case she loses her job.

TheRealCanadian said:
You did not sponsor your ex-wife, she was a derivative beneficiary. No I-130 was filed by you for her.
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Ok, cool.

Hey - thanks for your reply ! Really appreciate it.
 
You CAN apply now (FB2 category), but she will NOT get EAD, because her PD is not current. Most probably your citizenship will be ahead of her PD. And yes, if she lost her H1B she'll be out of status and will have to sit in US and wait for you to become USC.
 
You can file I-130 for her now, but not I-485 or its associated benefits (e.g. EAD). Then upon obtaining citizenship you'll have to request your I-130 to be upgraded to reflect your citizenship status so your wife can file I-485 or obtain a consular interview as an immediate relative of a US citizen.
 
Jackolantern said:
You can file I-130 for her now, but not I-485 or its associated benefits (e.g. EAD). Then upon obtaining citizenship you'll have to request your I-130 to be upgraded to reflect your citizenship status so your wife can file I-485 or obtain a consular interview as an immediate relative of a US citizen.
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Thanks KittenKat and Jackolantern.

After the upgrade request, how long would it take for her to get GC?

I am new to this forum but do you know how long it might take me in California to get a citizenship if I apply in June 2010?

Also, this girl is not yet my wife. I am dating her for a year now and she is working on H1B visa in Texas.
 
out said:
After the upgrade request, how long would it take for her to get GC?
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Usually 6-12 months, unless they mess up initially and don't register the upgrade at first and then you have to follow up with them to get it done and it ends up taking longer as a result. To avoid those potential upgrade hassles, you could wait until you become a citizen and then file the I-130 and I-485 together so you will already be a citizen when the I-130 is filed.
 
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