What's next?

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MGTgrl

Registered Users (C)
Hello everybody,

Now that I have the approval for GC, what can I do to file a petition for my husband? Is it better for me to wait for citizenship or should I do it now? I tried to visit the family based GC section on this forum, but they all seem to be citizens applying for their relative. It made me think that maybe everybody waits until they become one to file a petition. Plus I am more comfortable with you guys here!

Here are some of the questions I have:
1) I believe I130 is the first step. Then what happens? When do they call you to prove that the marriage is for real? Is it before I130 is approved or after you get a visa number?

2) When we wait for a visa number to be available, which date do they consider as priority date (the day 130 was recieved or the day it was approved and received by the state departement?)

Let me know if you have any information.

Thanks
 
MGTgrl said:
Hello everybody,

Now that I have the approval for GC, what can I do to file a petition for my husband? Is it better for me to wait for citizenship or should I do it now? I tried to visit the family based GC section on this forum, but they all seem to be citizens applying for their relative. It made me think that maybe everybody waits until they become one to file a petition. Plus I am more comfortable with you guys here!

Here are some of the questions I have:
1) I believe I130 is the first step. Then what happens? When do they call you to prove that the marriage is for real? Is it before I130 is approved or after you get a visa number?

2) When we wait for a visa number to be available, which date do they consider as priority date (the day 130 was recieved or the day it was approved and received by the state departement?)

Let me know if you have any information.

Thanks
Click to expand...

MGTGIRL,

Welcome to the life of a LPR waiting for his spouse to get a GC. Currently, the wait time is 6 years but as time goes by, it increases more. Last year at this time, it was 4 years, now its 6 years..Go figure.

So what can you do? Well if you filed I-130, its the first step and they only approve them once a visa is available. One positive thing about applying for I-130 is that if tomorow a law is passed that says any LPR who has filed a I-130 since 2 years can get his/her spouse in country within 6 months..then you are already ahead.

However, filing I-130 means your spouse cannot travel to United States as a Student, as a visitor or apply for a visa. He/She can apply for a visa but most likely it will be rejected since the U.S Consulate considers everyone guilty(that they will never come back) when they go to U.S and ofcourse your spouse won't come back..he is already guilty there..

I am stuck in this situation, my wife's H-1 is about to expire and we are looking at the possiblity that she may have to leave and we will be apart for at least 3 years...

Please join http://groups.yahoo.com/group/unitefamilies

Unitefamilies is trying to fix this weird law that keeps spouses/kids apart from each other. And here is another funny thing, You can LEGALLY claim your spouse on your taxes even though he has not even set foot int he United States.

Welcome to Hell! The waiting times are horrible..
 
Thanks Want. I know, it sucks!!!! My husband is here with me, he had applied for investor's visa but they have not approved him yet. It's taking a long time and of course we are not rushing them. We are just buying time because as long as they don't deny him, he is still legal right? Anyway, I hope they process his case fast, but meanwhile, I hope the law changes. So you recommend that I apply for 130 right now?
 
MGTgrl said:
Thanks Want. I know, it sucks!!!! My husband is here with me, he had applied for investor's visa but they have not approved him yet. It's taking a long time and of course we are not rushing them. We are just buying time because as long as they don't deny him, he is still legal right? Anyway, I hope they process his case fast, but meanwhile, I hope the law changes. So you recommend that I apply for 130 right now?
Click to expand...

Yes apply for I-130 and also join the yahoo group please...If you dont email/call your senators, nothing will change.
 
From what i read, it looks like it's better to wait for your sitizenship and then file a petition. I have a question though - how come your GC is backdated? It's pretty cool as you are eligible to file for a citizenship 1 year earlier. I've received my aslylum approval a month later than you, so i wonder if i can get that backdate as well.;)
 
Charlize said:
From what i read, it looks like it's better to wait for your sitizenship and then file a petition. I have a question though - how come your GC is backdated? It's pretty cool as you are eligible to file for a citizenship 1 year earlier. I've received my aslylum approval a month later than you, so i wonder if i can get that backdate as well.;)
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Hi Charlize,

Everybody's GC (asylees) will have their GC backdated 1 yr, so unless there is a mistake from their part, yours will be backdated too. It's their way of making up to you the one year they make you wait before you can apply for GC after your asylum is approved! Good luck!
 
Thanks, that would be a nice surprise as i've lost so much time before i've actually applied ( i could have done it in april 2001).
 
MGT,

Also keep in mind that although the waiting time for a LPR's spouse is like 6 years or so, in 3 years and 9 months you'll be able to apply to citizenship, and if they approve to reduce the waiting time for the citizenship to 4 years, you'll have to wait 2 yrs and 9 months... That's the worst case scenario, and we're all hoping that they approve the proposal for the LPR's spouses as well...

Good luck!
 
Don Chinche said:
MGT,

Also keep in mind that although the waiting time for a LPR's spouse is like 6 years or so, in 3 years and 9 months you'll be able to apply to citizenship, and if they approve to reduce the waiting time for the citizenship to 4 years, you'll have to wait 2 yrs and 9 months... That's the worst case scenario, and we're all hoping that they approve the proposal for the LPR's spouses as well...

Good luck!
Click to expand...

Thanks Don Chinche. You are right, but the problem is if they approve the proposal for the LPR's spouses, they might have a weird condition such as, form I-130 had to be submitted 2 years ago or something like that. I guess it's better to submitted and if I become a citizen before that I can always upgrade!
 
I think it is in your best interest to submit the I-130 now. It is always better to have something in the immigration pipe-line rather than just sitting idly by for your naturalization date. The priority date is the date the USCIS receives your I-130. The earlier your priority date the better off you will be regardless of developments in Congress this year. If they updated the LIFE Act you would need to have had an I-130 petition pending to take advantage of it.

My suggestion would change if your husband needed to maintain a student visa or another visa that did not allow dual intent.
 
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