spouse of green card

shamshon

Registered Users (C)
This is a question for the gurus here. My coworker got his green card through lottery 2 years ago. When he went back home for a visit, he fell in love with a girl in his home town. If he is to marry her, how long it will take for her to get her green card?? Can she reside temporarily in the USA until she gets her green card?
 
You should refer to the "Visa Bulletin", published by the Department of State monthly.

For November 2003, the US is giving visas to spouses of permanent residents who filed in October 8, 1998, unless the spouse is from Mexico, in which case the date is March 15, 1996.

So the wait for most people is five years, based on current trends.

There is no way stay here legally during the wait period, with the exception of people who may qualify for such visas such H/L and so forth.
 
Gilbert,

For a person like me who will be just getting stamped, when can I file for my spouse. (We have been married since 98, and the reason she is not getting adjusted is because we married after I had been granted asylum)

Couple of quick questions...

When do I qualify to apply for her?

Should I wait to be citizen to apply for her?

Regards
 
You are eligible to submit a I-130 form to the BCIS as soon as you secure your stamping. You can download the form and instructions from the BCIS homepage. I would do that ASAP.

All the I-130 does is place your wife in line for an immigrant visa. This will take five to six years. Other than that, the I-130 does NOT confer any immigration benefits on her.
 
Last edited by a moderator:
Originally posted by Gilbert
You should refer to the "Visa Bulletin", published by the Department of State monthly.

For November 2003, the US is giving visas to spouses of permanent residents who filed in October 8, 1998, unless the spouse is from Mexico, in which case the date is March 15, 1996.

So the wait for most people is five years, based on current trends.

There is no way stay here legally during the wait period, with the exception of people who may qualify for such visas such H/L and so forth.
What is an H/L visa Gilbert? do you mean H1 and L. If so, what is an L visa?
 
what if I730 gets denied for spouse/child?

I am asking a question on behalf of a friend of mine. Her husband was granted political asylum in early 2001. If he files now a I730 for her and their child and I730 gets denied (because it has been more than 2 years from the date that he was granted asylum) what are the options that she and their doughter can come to US?

They were already married and had the child before the asylum was granted.

Any answer or info regarding this issue will very very helpful.
 
You can ask the CIS to waiver the two year requirement if you can show a good reason as to why the petition was not filed within the required two year period. But you need to have a very good excuse.

Otherwise I see no options.
 
Thank you for the quick answer.

Does this mean that if I730 is denied the only way to go is for him to file a I130 after his GC is approved (as you explain in one of the postings above). I guess then the best way would be for them to contact a lawyer.

Thanks again for the answer.
 
Yes, unless they merit a waiver of the two year rule, the only option is to complete the I-130 petition process, which is very very time consuming.

They may want to contact a lawyer who can help decide if they can make a plausible case for an exception. He or she can also examine if the family is eligible to immigrate on a basis other than asylum.
 
Originally posted by shamshon
What is an H/L visa Gilbert? do you mean H1 and L. If so, what is an L visa?

I meant HI and L1 visas. L visas for employees for some multinational companies.
 
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