Need Help in applying GC for Husband of LPR

Sophiya

Registered Users (C)
I just recieved my GC yesterday (asylm approved: April 00) and I would like to file for my husband who is in the U.S but is on H1 visa. Does anyone know the process that I need to follow?
 
Sophiya said:
I just recieved my GC yesterday (asylm approved: April 00) and I would like to file for my husband who is in the U.S but is on H1 visa. Does anyone know the process that I need to follow?


You will need to file an I-130 application on your husband's behalf. The form is on the USCIS website. They also have instructions on how documents you will need to attach.

It will take probably about five years for your husband to receive his green card.
 
Sophiya said:
Thanks!

Do you know if he will be able to get a work permit during the wait time?


Unfortunately he cannot get any work permit until he can file for an I-485 (which will again be about five years).
 
Thanks!

Although it seems like California Service Center is processing Dec 04 applicants?

Other Service Centers are still processing cases from 01 - I wonder if California cases go faster? Any thoughts?
 
Sophiya,

You fall under the "Spouse of Legal Permanent Resident" category (2A). For that the current visa processing date is 22 July 2001. Click the below link to see the dates..They can only issue you a GC if a visa is available..what they process in a Service Center is just to make sure that the documents are correct...but nto the actual approval of the application.

http://www.visalaw.com/visabulletin.html
 
Sophiya said:
I just recieved my GC yesterday (asylm approved: April 00) and I would like to file for my husband who is in the U.S but is on H1 visa. Does anyone know the process that I need to follow?


So Sophiya, your asylum is approved 04/2000, so your ND is on or after 04/2001. Please confirm...
 
Sophiya said:
Well I guess it'll just take antoher 5 yrs.....

I would suggest you apply right now. There is a bill in congress called HR 1823 which would allow spouses of LPR to work/live legally while waiting for their GC. There is a push from AILF to get this bill passed within this year. You can visit the following website that is doing everything in their power to get HR 1823 passed

http://unitefamilies.org/
 
OK Sophiya,

Here goes the process:

- You will need to submit a Form I-130 for your spouse. The form is quite clear and requires little documentation at this stage. You will need to submit proof of your PR status, his photos, biographic forms for both of you, proof of his status, and proof of your marriage.
- Please submit your application ASAP, as you are wasting precious time each day you delay.
- Do not concentrate so much of what dates the centers are processing for Form I-130 because this is irrelevant as to when your husband will get his GC. This many not make sense, but the approval of I-130 merely indicates that you qualify for a sponsor and that your spouse has been approved or allowed to be sponsored. It has nothing to do with the VISA that will actually allow him to adjust (file form I-485).
- The I-130 takes several years to approve (2 -4 years).
- Your spouse must maintain his own status the entire time the I-130 is pending and up until the VISA number is ready for him.
- Once your I-130 is approved, you must wait for your husband's VISA number to become available. You can read all about the various categories and the wait time for each catergory here:
Currently it is taking an average of 5 years for a GC spouse sponshorship.
- When your VISA number is available, your spouse will file for an I-485, advance parole, and work permit all at the same time. While is I-485 is pending he will be able to work and travel outside the USA (there are some exceptions).
- Be prepared to wait for 5 years and to be called in for an interview prior to your I-485 approval.

Chances are that you will be a US Citizen before his VISA number is available and that you will re-apply under that 'US Citizen spouse' category which is much faster.

I hope this has answered your questions. Please feel free to ask if you have any additional questions.
 
If your husband in on H1, why does not he apply for GC through employment ?
that is, in general, 2-4 years processing, whereas sponsored by GC spouse takes more than 5 years for sure.
 
LolaLI

I got approval on May 20th, but I still didn't get my GC. Can I apply for I-130 for my wife? I have the lettter from local USCIS office that states that I was approved but waiting for GC. Is this enough?

anybody?
 
LolaLi said:
OK Sophiya,

Here goes the process:

- You will need to submit a Form I-130 for your spouse. The form is quite clear and requires little documentation at this stage. You will need to submit proof of your PR status, his photos, biographic forms for both of you, proof of his status, and proof of your marriage.
- Please submit your application ASAP, as you are wasting precious time each day you delay.
- Do not concentrate so much of what dates the centers are processing for Form I-130 because this is irrelevant as to when your husband will get his GC. This many not make sense, but the approval of I-130 merely indicates that you qualify for a sponsor and that your spouse has been approved or allowed to be sponsored. It has nothing to do with the VISA that will actually allow him to adjust (file form I-485).
- The I-130 takes several years to approve (2 -4 years).
- Your spouse must maintain his own status the entire time the I-130 is pending and up until the VISA number is ready for him.
- Once your I-130 is approved, you must wait for your husband's VISA number to become available. You can read all about the various categories and the wait time for each catergory here:
Currently it is taking an average of 5 years for a GC spouse sponshorship.
- When your VISA number is available, your spouse will file for an I-485, advance parole, and work permit all at the same time. While is I-485 is pending he will be able to work and travel outside the USA (there are some exceptions).
- Be prepared to wait for 5 years and to be called in for an interview prior to your I-485 approval.

Chances are that you will be a US Citizen before his VISA number is available and that you will re-apply under that 'US Citizen spouse' category which is much faster.

I hope this has answered your questions. Please feel free to ask if you have any additional questions.
Thank you for all your help LolaLI. We are in the process of filling for him. Hopefully everything should be done by early next week.
 
GotPR:

He has applied through his employment as well. Its been 1 year - we would like to apply through was many channels as we can :-)
 
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