Time issue: should I file I-130 as green card holder or US citizen?

[Hansdodutch]

Hi all,

Question:

I am a Dutch native with a green card, living in the US.
My Dutch wife is in The Netherlands.

Based upon the fact the we want to be together in the fastest possible way, what would be the preferable route, and what are the expected durations for these (and suggested) scenario's:

1) Filing the I-130 based upon marriage to a green card holder
2) Filing the I-130 based upon marriage to a green card holder, and I will start process to become a US citizen (I am eligible) and then do an adjustment of status

3) Is there aside from this, a possibility that she can stay with me in the US for the duration of the process?

4) When the process starts and she is in The Netherlands, can she still visit me?

Many thanks for your input!

Hans

 

[Jackolantern]

Because you are so close to obtaining US citizenship, I would suggest delaying the I-130 until after you become a US citizen, so it will be processed more quickly. Otherwise, if you file I-130 now as a permanent resident, it will go into a slower queue and they probably won't even have started processing it when you become a citizen, and you'll have the hassles and delays involved with upgrading it to reflect your citizenship status.

3) The I-130 itself won't give her any legal status to stay and await processing.

4) Maybe, maybe not. They may refuse entry because they know she's married to a permanent resident or US citizen. But if she has a history of repeatedly visiting the US in the past and leaving without overstaying, they might let her in.