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Spouse travelling soon on L1 and need to know time for his family based GC processing
- Thread starter naina123
- Start date
Jackolantern
Registered Users (C)
If you're filing a new I-130 for him, expect to wait about 2.5 years for the priority date to become current. But if you married him before your green card was approved and this is a follow-to-join case with him as a derivative beneficiary to your employment-based green card (or the family-based green card you obtained in the 3rd or 4th preference category), he could have the green card within 6 months.What is the processing time now-a-days for spouse Green card.
That's not true. That rumor probably originates from employment-based green cards being faster for many or most L1 holders ... but that's not because of the L1 visa itself, it's because it's common for L1 visa holders to also qualify for the EB1 category. But that doesn't apply here if he's applying for a family-based green card, or applying as a derivative to your employment-based green card.I was told since he is on L1 it could be quicker. Is that true?
TheRealCanadian
Volunteer Moderator
If an I-130 needs filed, there's no need to wait. One should lock in the priority date as soon as possible, and since he's got an L1 there should be no issues on entrance.
Jackolantern
Registered Users (C)
I was about to bring that up ... the I-130 can be filed before he arrives in the US and it won't cause trouble for entering with the L1 visa.If an I-130 needs filed, there's no need to wait.
However, if "travelling soon to the US" is within the next few days, and the L1-holder spouse wants to review the I-130 before it's filed or needs to bring a document like the marriage certificate, it may make sense to simply wait the few extra days (although the few days of waiting would come with the small risk of being caught a couple days on the wrong side of a stagnating retrogressed cutoff date).
Last edited by a moderator:
thank you for the responses. On the pt
"If you're filing a new I-130 for him, expect to wait about 2.5 years for the priority date to become current. But if you married him before your green card was approved and this is a follow-to-join case with him as a derivative beneficiary to your employment-based green card (or the family-based green card you obtained in the 3rd or 4th preference category), he could have the green card within 6 months.
"
I got married after getting my employment based green card. So I understand that the wait is 2.5yrs. Or the quicker route is if his company sponsors his GC and with his L1 he can get this in 6months.
"If you're filing a new I-130 for him, expect to wait about 2.5 years for the priority date to become current. But if you married him before your green card was approved and this is a follow-to-join case with him as a derivative beneficiary to your employment-based green card (or the family-based green card you obtained in the 3rd or 4th preference category), he could have the green card within 6 months.
"
I got married after getting my employment based green card. So I understand that the wait is 2.5yrs. Or the quicker route is if his company sponsors his GC and with his L1 he can get this in 6months.
TheRealCanadian
Volunteer Moderator
Is he getting an L-1A or an L-1B?
Jackolantern
Registered Users (C)
thank you for the responses. On the pt
"If you're filing a new I-130 for him, expect to wait about 2.5 years for the priority date to become current. But if you married him before your green card was approved and this is a follow-to-join case with him as a derivative beneficiary to your employment-based green card (or the family-based green card you obtained in the 3rd or 4th preference category), he could have the green card within 6 months.
"
I got married after getting my employment based green card. So I understand that the wait is 2.5yrs. Or the quicker route is if his company sponsors his GC and with his L1 he can get this in 6months.
With the cutoff dates becoming ALL-CURRENT next month for F2A, he can file I-485 in a few weeks and possibly get the green card in less than a year, depending on priority date movements after August.