Immigration VISA limit in I-130 filing case

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koiadmi

Registered Users (C)
Hello

I am on H-1B visa here in Calif, USA, married to a permanent resident wife for more than a year (who is applying for citizenship this week). Even though my employer is sponsoring my green card (Labour Certif Priority date: Feb 2003), I am thinking about applying for I-130 as a parallel application

the I-130 form says:

"When a petition is approved for the husband, wife, parent or unmarried minor child of a United States citizen, these persons are classified as immmediate relatives. They do not have to wait for a visa number because immediate relatives are not subject to the immigrant visa limit."

The emphasis is on USA citizen, not permanent resident. So it means I will be subjected to immigration VISA limit? If yes, how long does it take? And if NO, then even then how long does it take to get a green card?

Would I get "conditional resident" status? If yes, it does mean authorization for work, right?

Thanks in advance
 
Last edited by a moderator:
koiadmi said:
Hello

I am on H-1B visa here in Calif, USA, married to a permanent resident wife for more than a year (who is applying for citizenship this week). Even though my employer is sponsoring my green card (Labour Certif Priority date: Feb 2003), I am thinking about applying for I-130 as a parallel application

the I-130 form says:

"When a petition is approved for the husband, wife, parent or unmarried minor child of a United States citizen, these persons are classified as immmediate relatives. They do not have to wait for a visa number because immediate relatives are not subject to the immigrant visa limit."

The emphasis is on USA citizen, not permanent resident. So it means I will be subjected to immigration VISA limit? If yes, how long does it take? And if NO, then even then how long does it take to get a green card?

Would I get "conditional resident" status? If yes, it does mean authorization for work, right?

Thanks in advance
Click to expand...

If your wife will obtain her US Citizenship soon, then I would advise to wait till then before switching to the family based sponsorship. A Green Card sponsorship from another Green Card holder takes several years to complete.

- Jesse
 
A lawyer advises me to file "Visa petition" with my wife filing for her citizenship. What is the benefit in it, if i have to maintain legal status anyways? Does it reduce time when I apply for GC after her citizenship? I understand her citizenship process will take 12-18 montsh to complete, right?

What is the benefit, if any, in aplying for Visa Petition now?

Thanks
 
it will be approved sooner. Not that it helps you anyway, because you can file for adjustment of status only after your wife gets her citizenship. However, all lawyers say an approved I-130 is good for something, I am just not sure what that something is. :)
 
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