Marriage within Green Card Process

T

TroySJ

Registered Users (C)
Hi Guys,

I havea question regarding one of my friends.

He has married to a Girl. The family of the wife are US citizen and they have applied for their doughter Green card w while a go and now she is over 21.

Can she add her husband to her Green card file, Whats the procedure and how long will it take approximately?

Many thanks

Troy
 
Not Sure about that, what are the different scenarios that can happen, most probabely she has been less than 18 when they applied but can you explain to me the different situations
 
TroySJ said:
Not Sure about that, what are the different scenarios that can happen, most probabely she has been less than 18 when they applied but can you explain to me the different situations
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If she was under 18 when they became citizen, she is already a US citizen and doesn't need a green card.
If she was between 18 and 21 and unmarried when they became citizen and when they applied for her green card, they should have filed I-130 and I-485 concurrently to get her a green card (family based). And it should have been a relatively speedy process (6 to 12 months).

I'm actually not sure if the fact that she married AFTER the green card application was filed, changes her entitlement, but I guess it does. If she didn't have a visa number yet, she is now "third preference" and so is her husband:



Wd
 
Hi,

I am a little bit confused about this, why do you say the sons and daughters of US citizen should be fast, What category is that? Is that the FB1?

Anyways, she has been either FB1 or FB3 I am not sure, definitely older 18 when their family got GC. The main question is Can she add her husband to her file? and if she adds her husband now, does she keep the date that she has applied? as it is 10 years retrogressed and I think she has applied 6-7 years ago.

Thanks a lot

Troy

Whaledad said:
If she was under 18 when they became citizen, she is already a US citizen and doesn't need a green card.
If she was between 18 and 21 and unmarried when they became citizen and when they applied for her green card, they should have filed I-130 and I-485 concurrently to get her a green card (family based). And it should have been a relatively speedy process (6 to 12 months).

I'm actually not sure if the fact that she married AFTER the green card application was filed, changes her entitlement, but I guess it does. If she didn't have a visa number yet, she is now "third preference" and so is her husband:



Wd
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