Married To A Green Card Holder...help!

L

Lulú80

Registered Users (C)
Hi guys,

Ok...I'm married to a green card holder since 3 months ago...I have "no status" (my I-94 just expired) we want to start the process so I can have a green card...he can file for citizenship in May08...I would love to visit my family back home by the end of 2008!! ...and well, my questions are:

1. Should I start the process now? or should I wait for about a year to start it when he is a USC?

2. In case I start now will I be able to change it when my husband is USC? will that cost me more money or extend the process time?

3. This process consist on sending the I-485 and I-130 plus fees and fingerprints or is there something else I should do to make it faster?

I would really appreciate any help from you guys!!!

Thanks in advance!!!

LuLu :o
 
Lulú80 said:
Should I start the process now? or should I wait for about a year to start it when he is a USC?
Click to expand...

I don't see any advantages to starting now.

This process consist on sending the I-485 and I-130 plus fees and fingerprints or is there something else I should do to make it faster?
Click to expand...

Until your spouse is a USC, you cannot file the I-485.

Unless you plan on returning home now, don't plan on seeing your family in 2008.
 
When you say your husband can apply for his citizenship in May, is that when he completes his 5 years as a PR? Remember that he can apply 90 days before his 5th anniversary of PR. I'd suggest that you wait until he gets his citizenship, otherwise you can only file I-130 and then upgrade it, I chose to wait and have only one process. When he becomes a USC, you'll need to file I-130,1-485 w/ I-693(Medical) and I-864 Affidavit of support, then you'll get your receipts and an appointment to get fingerprinted. You could also file I-765 Employment Authorization, the fee is already included in your AOS, IF you file concurrently.
Filing now won't cost you more money, but I don't know how efficient USCIS is upgrading applications, and I wasn't interested in finding out. There is nothing you can do to make the process faster, but make sure to send in all requested evidence to avoid having your case put on hold. See my timeline for reference, as you can see, both my husband's N400 and my I485 took a year to process. Good luck
 
Thank you so much for RealCanadian and Elvi C!
May would be his 5th year as Permanent Resident...now what you are telling me about the 90 days is a surprise for me! would be very helpful if we start his process sooner.
I wanted to apply now because someone told me that would keep me kindda "protected" if someone realizes I don't have papers...
Elvi, what kept your process behind for so long? did they ask you more proof everytime or...? and what is AOS?

Thank you!!

LuLu
 
filing I-130 will not protect you. To the contrary, it may give away your location and the fact that you are out of status.
 
Hi lulu80.

I did the same process as you probably wanted to do. My wife was greencard holder when we got married. I filled the I-130 first, waiting for her to become citizen. the only advantage I got of getting an I-130 receipt was to get a driver license. However, like many people said here, it is better to wait to send the whole package together. Unless you want just a receipt notice for the I-130, wich it doens't give you any status.

Pay attention of the day you husband can send his application for citizenship. my wife sent it 90 days before the 5 years. so It bought us 3 months.

I am sorry to tell y ou that it may be very difficult to come back to your country at the end of the '08. just have in mind that your husband's citizenship process could take from 6 to 12 months, or even more with the overload of applications that the USCIS is facing right now. Then after your husband get his citizenship, add another 6 months or more for you to get you greencard (or course, if everything comes out good, as I wish it is :) )

Right now try to get as much evidence posible of your marriage in order for your process to go smooth and that's the only way you can really help to get it as quick as it could.
 
Thank you LucyMO and Davidm992...=)

Well it seems the I-130 wont help much...I'm just scared for "my job"...and about my address well they know it since they sent me the waiver for the J-1 212a and the extension of my tourist visa =/...

I'm so sad by the time it takes specially now that inmigration is so slow and behind =(...it is so frustrating...but it is just a matter of time, right? at the end we will get it and will enjoy it...hopefully for all of us =)

LuLu...
 
Lulú80 said:
Thank you LucyMO and Davidm992...=)

Well it seems the I-130 wont help much...I'm just scared for "my job"...and about my address well they know it since they sent me the waiver for the J-1 212a and the extension of my tourist visa =/...

I'm so sad by the time it takes specially now that inmigration is so slow and behind =(...it is so frustrating...but it is just a matter of time, right? at the end we will get it and will enjoy it...hopefully for all of us =)

LuLu...
Click to expand...

I know what you mean when u said for you job.. Bdelieve I was.. or Still in the same boat.. At least you have a light that you can follow! and it will be for sure! Good luck
 
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