Should I file I-130 or NOT

M

mazam

Registered Users (C)
Hi,

I was married on August 12 2005 to a Green card holder (Permanent Resident). My wife is still in different state California completing her studies. She got her green card in 2002. Currently I am on my OPT.

Should I file I-130 right now or should I wait for my wife to become a citizen?

Also If I should file where can I download I-130 form?

Can I fill I-130 form without the consent of the layer?

Thank you very much,
Happy new year,
Azam
 
Hi,

thanks for the reply. My Wife got her permanent residency in 08-16-2002 so how much time it will take so that she can file for citizenship. And how much time after filling for citizenship will it take to get the citizenship.
 
Hello Azam,
read the other thread at http://boards.immigrationportal.com/showthread.php?t=199890. While the question is slightly different, your basic question about when to file 130 will be answered. Short answer - does not make a difference to the day your 485 would be approved.
With regards to when your spouse can file for her citizenship, that depends on whether she has taken any long trips outside the country and how many months she has lived here and filed taxes. Typically unless the permanent residency is broken (check the definitions and so on at the uscis website at uscis.gov and read their howto on naturalization) it is 90 days before 5 years on the green card are up.
How much time to get the citizenship - totally depends on the city you apply and whether your spouses name check needs special attention. For citizenship related questions, I would recommend you to look at the citizenship forums on this website, it's very active.
regards
 
Thanks a lot for your quick answer. I have one more question that I like to ask.

Mr Zhm has suggested that I should wait until my wife gets citizenship. My wife is in Calfornia right now and we will be living together late in 2006 most probably Oct or Nov. Now if my wife has to file for my I130 she would file in California because thats where she is living at so this means that California office will be responsible for all the processing. The problem I guess comes that when she comes to Texas in Oct 2006. So, this means that my I-130 paper is going on in California and I am in Texas.

Also the I-130 form ask some questions about like whats the last address where you two have lived together. Well, we will be living together in Oct 2006 so I guess I should either wait so that we start living together or I should wait for her citizenship.

BTW she got her permanent residency in YEAR 2002. After that she went to Pakistan one time. She is planning to go to Pakistan this year (2006). If she goes to Pakistan does that make her process of obtaining Citizenship slower or does it have any effect in the process of her citizenship.

Thanks a lot.
 
Well as long as you and your wife have been paying taxes including each other in your tax returns etc, it should not be a problem, any which way you file. But I guess you can be safe and file everything together after your wife becomes a citizen. Remember that I-130 by itself buys you nothing, you still have to maintain your visa status here. But once you file for 485 you are under "Adjustment of status".
Regarding getting the citizenship, I dont think going to Pakistan per se will cause any delays in the process. The only three things that are known to delay the process will be completeness of the application(to prevent RFE's), the DO from where you file (since citizenship is processed in the DO and the local timelines determine) and whether your wife's name is common enough to get stuck in the FBI name check process (you cannot control this unfortunately, it is all luck :) ).
Hope this helps.
 
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