Permanent Resident filing for a spouse - Timeline

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gino

Registered Users (C)
I keep reading that it takes 4 years for I-130 (permanent resident filing for a supose) to be processed. But USCIS is currently processing I-130 with ND of January 2005. So basically it takes about a year, and not 4 years.

Where does the 4-year figure come from?

Gino
 
gino said:
I keep reading that it takes 4 years for I-130 (permanent resident filing for a supose) to be processed. But USCIS is currently processing I-130 with ND of January 2005. So basically it takes about a year, and not 4 years.

Where does the 4-year figure come from?

Gino
Click to expand...
As far as I know, the dates you see on USCIS website is only for the petition (i-130), but once your petition is approved, you have to wait until a visa number is available from Departement of State and that's what takes about 4 years. You can check that on http://travel.state.gov/visa/frvi/bulletin/bulletin_2868.html
 
I am almost sure my question is stupid one but I would like to ask it anyway.
My son has a political asylum status.
His girlfriend has H1B.
They have got an idea that if they have got married before he has filed I-485 they
can file I-485 together. Is it true?
Does anybody have the similar experience?
I’ve heard that H1B holders can file I-485 with their spouses but I haven’t heard this about asylum.
 
pchela50 said:
I am almost sure my question is stupid one but I would like to ask it anyway.
My son has a political asylum status.
His girlfriend has H1B.
They have got an idea that if they have got married before he has filed I-485 they
can file I-485 together. Is it true?
Does anybody have the similar experience?
I’ve heard that H1B holders can file I-485 with their spouses but I haven’t heard this about asylum.
Click to expand...

Privet :) I am positive that they CANNOT file together. There is no reason for his girlfriend to get Permanent Resident status.
 
pchela50 said:
I am almost sure my question is stupid one but I would like to ask it anyway.
My son has a political asylum status.
His girlfriend has H1B.
They have got an idea that if they have got married before he has filed I-485 they
can file I-485 together. Is it true?
Does anybody have the similar experience?
I’ve heard that H1B holders can file I-485 with their spouses but I haven’t heard this about asylum.
Click to expand...


NO


RD Aug 22,2001
Approved Sep 15,2005
GC received Sep 20,2005
 
pchela50 said:
I am almost sure my question is stupid one but I would like to ask it anyway.
My son has a political asylum status.
His girlfriend has H1B.
They have got an idea that if they have got married before he has filed I-485 they
can file I-485 together. Is it true?
Does anybody have the similar experience?
I’ve heard that H1B holders can file I-485 with their spouses but I haven’t heard this about asylum.
Click to expand...
Sorry but the answer is NO. If they were married before his asylum case was approved, she could have gotten a derivative asylum and she could have applied for i485 through that, but since they are not married yet, it won't work. After he gets his GC he can apply a petition for her and she can get it that way, but it takes a long long time. I know this because I got married right after my asylum was approved, but I couldn't do anything for my husband.

But as far as I know, if she gets green card through her company that filed her H1B, they can get it both that way if they are married before she applied for the GC.

I hope this helps.
 
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