Shold we wait for him to become a citizen to file a green card petition for me?

V

vacuum

Registered Users (C)
Here is my question - in the last 3 years my husband has been in the tedious name check process following his citizenship application.
Currently he is still a green card holder and we have decided to hold off his petition for my green card until he becomes a citizen to avoid
the green card quotas. We were under the impression that if he filed the petition initially as a green card holder, when he did become a
citizen he would not be able to change the petition so it's not subject to the quotas.

Does anyone know how these cases stand? Should we be filing ASAP so they can start the name check for me, given that the process
keeps getting longer and longer?

To complicate matters, my son and I are living in my home country now fulfilling a
2-year home stay requirement from a J-1 visa I had. The last 3 years I was on H1-B.

Thanks.
 
You can definitely "upgrade" a petition once the sponsor becomes a USC, so unless you think your husband is soon to be getting his oath date, I'd recommend you both go ahead and file the petition now. The only downside is you may have to do a little more paperwork, but at least you've got the ball rolling.

By the way, your namecheck won't get done until the stage after your I-130 is approved. Usually namecheck is part of the I-485 process, however if you are outside the US, you will probably be processed through CP, so that doesn't apply.
 
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LucyMO said:
did you try to get HRR waiver?
Click to expand...

Did I???? You bet I did and was cruelly denied. No objection + tons of support letters from congress delegation + tons of support docs from my employer + family separation (did not bring it up as hardship).
 
One more question - are they still doing the CP? I thought that the I-130 should be filed where the petitioning spouse is a resident. Are you talking about what's after that?
 
vacuum said:
Did I???? You bet I did and was cruelly denied. No objection + tons of support letters from congress delegation + tons of support docs from my employer + family separation (did not bring it up as hardship).
Click to expand...

why didn't you bring it up as hardship?
 
vacuum said:
One more question - are they still doing the CP? I thought that the I-130 should be filed where the petitioning spouse is a resident. Are you talking about what's after that?
Click to expand...

Who - they?

If you do CP, name check will still apply.

He can file I-130 for you. Should have done it some time ago, but since you are going to your country for two years anyway, you might have ample time for his citizenship to actually go through.
 
LucyMO said:
Who - they?

If you do CP, name check will still apply.

He can file I-130 for you. Should have done it some time ago, but since you are going to your country for two years anyway, you might have ample time for his citizenship to actually go through.
Click to expand...

they, they - you know what I mean... I know name checks apply in all cases, what I was talking about is filing the I-130 at the consulate, but then I figured out that that is not possible anymore, but the interview still happens at the consulate.

Did not file as hardship b/c the lawyers advised us against it, based on their experience. Since I work at an international NGO they thought I had a better chance of getting it through a no objection +add'l materials from my work that would supposedly show that it is similar to the mission of the J1 program. I also had some serious political support, including letters from several senators and congress people. Alas, it was all in vain.

We didn't file the I-130 earlier, in the hope that he will become a citizen soon. we're filing it next few weeks.
 
I-130 can be filed in a consulate, if your spouse resides in your country.

You do CP, not "they".

I did not ask why you didn't file for a hardship waiver, I asked why you didn't bring up family separation or your spouse following you to your country as a hardship issue in your no objection case. I did. Lots of other people did.
 
LucyMO said:
I-130 can be filed in a consulate, if your spouse resides in your country.

You do CP, not "they".

I did not ask why you didn't file for a hardship waiver, I asked why you didn't bring up family separation or your spouse following you to your country as a hardship issue in your no objection case. I did. Lots of other people did.
Click to expand...

Of course I did, it did not help. It was part of of the waiver app but not the central issue. Was it helpful to you? I guess they must have been specifically cruel to me to still deny it, if yours and many others' wasn't. No one knows really what's going on there...


mind your tone pls, maybe not everyone on this forum is as enlightened about immigration issues as you are. I'm not a lawyer after all.
 
hardship was a central issue in my no objection case. It was helpful since I got the waiver (was sponsored by USIA).

There is nothing wrong with my tone.

I am sorry you didn't get your waiver, it's always most unpleasant.
 
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