GC for wife but i'm only a permanent resident

G

gzmbk1

Registered Users (C)
I was hoping somebody could give me some advice.

My wife is on a H1b visa which expires in 5 months, and renew is no longer an option after those 5 months.
I was hoping to become to US citizen and apply for her GC, but it happens that I got stuck in one of those lost in the name check deals. It's being over 2 years since my interview for citizenship and all they tell me is to wait.

Anyways
I was told before that it was easier to apply for my wife's GC if I became a citizen because the petition for a visa number I-130 takes a very long time. The officer at the time told me it was quicker to become a Citizen first, but now my options are getting smaller and time is running out.

I saw some people over here suing the USCIS to expedite the name checks, because apparently by law the name checks are supposed to be completed 120 days after the interview.

I don't wanna sue them, and I wanna leave that as my last option.

Can I send the I-130 now as a permanent resident, and hope that i get a visa number very quick, and after the fact send a new I-130 if by some miracle i get my citizenship in the next 5 months and have no implications?

What options can you guys advice?
 
As you may know that you can file a I-130 in her behalf but that won't give her any status. Even if is approved "quickly" she must wait for her priority date that anyway will be several years but at least she will be in the path, right now she is not. And looking at your case, can be from tomorrow to "who knows" that you finally can get out of the name check thing.

The only concern that you can have is if she stays here then she will be out of status after 5 months...by the way, why you say that extend her H-1B status is not longer an option?

Good luck,

Good luck,
 
Well basically she renewed her H1B for the second time, and this the second term is ending in 5 months.

Am I wrong to think that she cannot renew it for a third time?

thanks
 
Since you have only 5 months I would suggest you sue the INS..b/c, when you wile a lawsuit you are given a summons that you need to serve, after you serve it the defendant (in this caase INS) has 20 days to respond either saying yes we are at fault or no we are not at fault.

The you have to move for discover and that can easliy take 30-45 days if the judge sides you else 2-3 months if he is neutral.

So INS lawyers willl ask the judge for atleast 2 months after being served to check the name check from FBI. so we are looking at 3 months from the day you serve them.

If you have been waiting for 2 years you have right and hardship you may face. FInd a good lawyer or go pro se (self rep).

Good luck
 
at the time which was 3 years ago we thought it was easier to do it through marriage. So the advice given to us by a lawer was that it was better using that method.

So I applied for citizenship a couple of months after. Now I'm in this predicament. Go figure!!!

Thanks everyone for all the advices given. I really appreciate it.
 
Good luck in your quest.

Btw, is the employer the one who wants to apply for your GC, not the other way... :p

If she can ask her employer if they are interested? :cool:
 
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