Green card holder asylum based and I-130 Relative Petition

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victoire7

Registered Users (C)
I'm a Green card holder asylum based, married after asylum and before Green card in the US. In august 2006 after having my Green card in hand I filed I-130 for my husband who's a Canadian citizen by naturalization and living in Canada. Since I puted my husband in my I-485 adjustment of status, do I still have to wait several years to live together in the US? Any advises will be appreciated.

Thank you.
 
victoire7 said:
I'm a Green card holder asylum based, married after asylum and before Green card in the US. In august 2006 after having my Green card in hand I filed I-130 for my husband who's a Canadian citizen by naturalization and living in Canada. Since I puted my husband in my I-485 adjustment of status, do I still have to wait several years to live together in the US? Any advises will be appreciated.

Thank you.
Click to expand...


Yes, if the marriage was AFTER your asylum grant then you will have wait out the normal I-130 process.
 
Hello.

If your husband is Canadian citizen he does NOT need anything to come USA and live with you.

The only thinks you need to check he needs to go to Canada and come back for certain time.

But during this time he is considered as visitor.
Good luck.
 
victoire7 said:
I'm a Green card holder asylum based, married after asylum and before Green card in the US. In august 2006 after having my Green card in hand I filed I-130 for my husband who's a Canadian citizen by naturalization and living in Canada. Since I puted my husband in my I-485 adjustment of status, do I still have to wait several years to live together in the US? Any advises will be appreciated.

Thank you.
Click to expand...

What is his profession? For a lot of jobs, all he needs is a written job offer and he will be issued a TN-1 visa at the border that will allow him to live and work in the USA while his 485 is being processed.

See http://www.grasmick.com/nafta.htm

This is not an endoresement of the law firm--I just found them in Google but they have a lot of information on this.
 
Freedom1963 said:
Hello.

If your husband is Canadian citizen he does NOT need anything to come USA and live with you.

The only thinks you need to check he needs to go to Canada and come back for certain time.

But during this time he is considered as visitor.
Good luck.
Click to expand...

Be careful. You cannot come to United States if you are considered an "intending" immigrant. Since you have a wife here and lets say you say that your wife is a PR, you will be turned back to Canada.

The law is complex. Visit http://groups.yahoo.com/group/unitefamilies

We are trying to change the laws and hopefully democrats win back the house/senate so that a law can be passed on this.
 
Thank you so much everyone for your advises. But, Is there any law for permanent resident asylum based married before Green card?
 
And when they say: "Per Country Limit" for Relative petition? What that it mean? I heard that if you are not coming from Mexico, Phillipines, China......(countries that had a lot of immigrants in the US for the past years) You are eligible to receive an immigrant visa for your relative (husband) earlier(6 month maximum). Any idea please?
 
Hello Victorie

I am also in the same boat as you. My wife is Canadian Citizen as well. I applied for my wife in March 2006. Still, no answer from USCIS, they are saying wait wait wait..., That's all I hear from them.

I do not think they approve I-130 within 6 months, unless law may change in future.

Keep in touch with your case update.

Thanks
 
HI guys,
there are several parts of the law which matter at least in our case.
People who filed an I-130 no matter from what country have to get approval. In order to get it you have to wait in line. Waiting line is pretty long for relatives of GC holder. We all basically stucked with this system till either our spouses get their status fixed through their country of citizenship or we get our citizenship. It is really a hard situation but we all know that we have to pursue it every day all the time. I think right now if you want to bring your relatives(spouse) through your GC, it will take between 5 to 6 years something we all have to forget it., Make sure you guys all apply for Lotto that is the chance for every one of us. My aunt got it last year she is here now. So it is possible.

Keep us updated,

Nas
 
Hi All,

I hate to add even more bad news, but I feel I must correct some misconceptions... All of you are referencing the I-130 as though it is the form that will allow your spouse to gain entry to the USA. This is incorrect. The I-130 merely allows you (as the petitioner) to be approved to sponsor your spouse (as the beneficiary). The I-130 is actually filed under your name and you are scrutinized versus your spouse. Currently the processing for the I-130 takes anywhere from 2-4 years (depending on your service center).

Here is the bad part. Once the I-130 gets approved, the case is transfered to the Dept. of State and your spouse will have to wait for a visa number to become available. Our category is 2A (or Category 2, first preference), and the Dept. of State issues a visa bulletin on a monthly basis indicating the visa processing dates. Currently they are working on visas on or before Sept. 01, 2001. This means those who had an approved I-130 under the 2A category on or before 9/01/2001 may apply for adjustment of status as visas are available for them. If your spouse is in another country, they will be sent a package to fill out for processing at the local US Embassy or Consulate. It is at this time they will be assessed and will undergo, medicals, interviews, fill out form I-485, and background/security checks. Once approved, they will be issued an immigrant visa on their passports and will be admitted as permanent residents at the point of entry.

Sad to say, this is currently a very long process. And unless the comprehensive immigration bill is passed after the Democrats win both the House and Senate, you will most likely be applying for your spouse once you become a US citizen.

Hope this explains the process for you all.
 
LolaLi said:
Hi All,

I hate to add even more bad news, but I feel I must correct some misconceptions... All of you are referencing the I-130 as though it is the form that will allow your spouse to gain entry to the USA. This is incorrect. The I-130 merely allows you (as the petitioner) to be approved to sponsor your spouse (as the beneficiary). The I-130 is actually filed under your name and you are scrutinized versus your spouse. Currently the processing for the I-130 takes anywhere from 2-4 years (depending on your service center).

Here is the bad part. Once the I-130 gets approved, the case is transfered to the Dept. of State and your spouse will have to wait for a visa number to become available. Our category is 2A (or Category 2, first preference), and the Dept. of State issues a visa bulletin on a monthly basis indicating the visa processing dates. Currently they are working on visas on or before Sept. 01, 2001. This means those who had an approved I-130 under the 2A category on or before 9/01/2001 may apply for adjustment of status as visas are available for them. If your spouse is in another country, they will be sent a package to fill out for processing at the local US Embassy or Consulate. It is at this time they will be assessed and will undergo, medicals, interviews, fill out form I-485, and background/security checks. Once approved, they will be issued an immigrant visa on their passports and will be admitted as permanent residents at the point of entry.

Sad to say, this is currently a very long process. And unless the comprehensive immigration bill is passed after the Democrats win both the House and Senate, you will most likely be applying for your spouse once you become a US citizen.

Hope this explains the process for you all.
Click to expand...

Very True
But I think most of us which has this problem will be Citizen before getting I-130 approved through yor GC. In that case the time is shorter. As a GC holder when you have your I-130 filed and then become a citizen you can upgrade your case and move on from there. It is a very complicated process as I read more every day and feel that the hole of confusion is getting bigger every second of my life.
We should have this thread sort of live and keep it active. Whoever has Info. about it please write for us,

Thanks
 
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