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Petition for wife
- Thread starter N4th3l
- Start date
hi N4th3l-
Unfortunately, you are in the worst possible category - believe me, I am in it with you.
As a PR (permanent resident), you can only file an I-130 Petition for Alien Relative for your spouse. You will them be placed in queue for processing and approval of your I-130 (with your spouse being the beficiary). Your I-130 will be looked at and approved when a Visa Number becomes available. Visa numbers are based on priorities and very limited each year - only certain number of visa are issued per anum. Currently the wait time for PR I-130 approval/visa issuance is taking 5 years. Once the approval comes through, you can then file for an I-485 for your spouse.
As a citizen, you can file I-130 and I-485 concurrently for your spouse and there is no visa limitation. In fact, there are no visa restrictions for citizens applying for their spouses.
My recommendation would be to file an I-130 once you get your greencard and let it sit in processing. Once you get your citizenship (which should be sooner than the 5 year wait period), just update the application with new your citizen status and you will not be subject to the visa limitation. Does this make sense? The benefit of this is that your spouse will have something pending - no matter how insignificant it is.
Good Luck.
Unfortunately, you are in the worst possible category - believe me, I am in it with you.
As a PR (permanent resident), you can only file an I-130 Petition for Alien Relative for your spouse. You will them be placed in queue for processing and approval of your I-130 (with your spouse being the beficiary). Your I-130 will be looked at and approved when a Visa Number becomes available. Visa numbers are based on priorities and very limited each year - only certain number of visa are issued per anum. Currently the wait time for PR I-130 approval/visa issuance is taking 5 years. Once the approval comes through, you can then file for an I-485 for your spouse.
As a citizen, you can file I-130 and I-485 concurrently for your spouse and there is no visa limitation. In fact, there are no visa restrictions for citizens applying for their spouses.
My recommendation would be to file an I-130 once you get your greencard and let it sit in processing. Once you get your citizenship (which should be sooner than the 5 year wait period), just update the application with new your citizen status and you will not be subject to the visa limitation. Does this make sense? The benefit of this is that your spouse will have something pending - no matter how insignificant it is.
Good Luck.
Thank you LolaLi, another Q, while her status is pending, she can stay in US legally right? Can she apply for EAD?
Does it matter if I marry her less or more than 2 years?
I think we have to file I-130 and then apply for H1 (if she can get a job)
Do you know what's the date on my GC if I get it this year?
Thank you so much
Does it matter if I marry her less or more than 2 years?
I think we have to file I-130 and then apply for H1 (if she can get a job)
Do you know what's the date on my GC if I get it this year?
Thank you so much
N4th3l said:Thank you LolaLi, another Q, while her status is pending, she can stay in US legally right? Can she apply for EAD?
Does it matter if I marry her less or more than 2 years?
I think we have to file I-130 and then apply for H1 (if she can get a job)
Do you know what's the date on my GC if I get it this year?
Thank you so much
No your wife will not have a status by being a benficiary of a pending I-130. She will have to maintain a legal status on her own - independent of the I-130. So, it is good that you are pursuing an H1 visa once she is done with school. This will allow her to remain legally in the USA until the I-130 gets approved and you apply for I-485 for her. It is the pending of an I-485 that gives individuals a somewhat legal status in which they can apply for an EAD and Advance Parole. Nothing comes with a pending I-130 application. So your thinking is excellent - please pursue an H1 visa for her.
If you get adjusted this year, your 'Resident Since' date should be backdated one year. So for example - if you get approved on April 28 2005 --> your actual adjustment date will be backdated to April 28 2004. This will be reflected on plastic greencard - not sure if it will show on the temporary greencard (white card).
Good Luck.