whats the fastest way to bring my spouse ?

[sreeleshk]

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Hi everyone,

I am a LPR being eligible to apply for naturalization (N400) on the 3rd of February 2010. I got married in August 2008 to an Indian Citizen. After marriage I was there for about a month and half and for another 2 and half months in 2009. I was to petition for my spouse by I-130, but I was informed by my lawyer that as a LPR it is likely to take 4-5 years for my spouse to come here and become an LPR, he mentioned that when a LPR petitions for his spouse it holds priority number 2 and waits in line to be allotted a visa number. He added that I could file a petition now as an LPR and after I naturalize I could have my petition for my spouse I-130 to be upgraded and allotted a visa number (immediately) and made the process to speed up as her category changes from “priority 2” to “immediate relative” of a citizen. He said that the timeframe taken for doing that and filing an I-130 upon after becoming a US citizen is the same as far as her Visa process is considered and said that changing the category for her is a lot of red-tape and not advisable. Is that miss-leading information? Going by his advice I had not filed anything for my spouse (I-130) till now even though we got married in the August of 2008 and I was back to America in October 2008. I have the following questions.

1) Is filing for an I-130 for my spouse now (me being an LPR) and having the category changed after my being a citizen faster a process for her visa than filing fresh I-130 after becoming a US Citizen? What are the fees involved? Do I have to pay the fee twice once for applying I-130 and later for having the category changed from spouse (priority 2) of a LPR to Immediate Relative of the citizen after being naturalized?

2) Will I be eligible to file with the adjudicating officer directly in NEW DELHI Consulate as a walk in without scheduling an appointment? I have read that it’s the quickest way but, that case is exclusively for American Citizens who Live Abroad, in this case ,“U.S. Citizens residing in India are eligible to file the I-130 application for their immediate relative. You need to provide the evidential documentation to prove your residency in India.” - After becoming an American Citizen would I be eligible to file for her(my spouse) I-130 in New Delhi? (How can I show that I am residing in India being an American Citizen? and holding a fresh passport) I have not petitioned for my spouse in the hopes of myself being eligible to apply in New Delhi and get it adjudicated.

3) If I file I-130 now, upon becoming a US citizen by mid of 2010 can I file for a K3 Visa for my spouse so that she can come and stay with me in America while her Immigrant Visa is being processed? or can I file K3 in New Delhi with the adjudicating officer along with the I-130?

Please let me know what is the right thing I should do now as my aim is to bring her at the earliest. If there is any other way i would be indebted if you could throw some light

 

[Triple Citizen]

A1: One I-130 only, whether you apply now and upgrade, or you wait until you become a citizen.
A2: DCF is only available to resident US citizens, so you will not be able to qualify.
A3: You can apply for K-3 once you become a US citizen. You will submit an I-129F in the US through your service center.

Quickest way for you spouse is to come to the US on an H-1B or L-1A/B visa.

1) Is filing for an I-130 for my spouse now (me being an LPR) and having the category changed after my being a citizen faster a process for her visa than filing fresh I-130 after becoming a US Citizen? What are the fees involved? Do I have to pay the fee twice once for applying I-130 and later for having the category changed from spouse (priority 2) of a LPR to Immediate Relative of the citizen after being naturalized?

2) Will I be eligible to file with the adjudicating officer directly in NEW DELHI Consulate as a walk in without scheduling an appointment? I have read that it’s the quickest way but, that case is exclusively for American Citizens who Live Abroad, in this case ,“U.S. Citizens residing in India are eligible to file the I-130 application for their immediate relative. You need to provide the evidential documentation to prove your residency in India.” - After becoming an American Citizen would I be eligible to file for her(my spouse) I-130 in New Delhi? (How can I show that I am residing in India being an American Citizen? and holding a fresh passport) I have not petitioned for my spouse in the hopes of myself being eligible to apply in New Delhi and get it adjudicated.

3) If I file I-130 now, upon becoming a US citizen by mid of 2010 can I file for a K3 Visa for my spouse so that she can come and stay with me in America while her Immigrant Visa is being processed? or can I file K3 in New Delhi with the adjudicating officer along with the I-130?

 

[sreeleshk]

Clarification

A1: One I-130 only, whether you apply now and upgrade, or you wait until you become a citizen.
A2: DCF is only available to resident US citizens, so you will not be able to qualify.
A3: You can apply for K-3 once you become a US citizen. You will submit an I-129F in the US through your service center.

Quickest way for you spouse is to come to the US on an H-1B or L-1A/B visa.

Let me follow up on your answers ,

1) which is faster ? a) filing I-130 now and upgrading it upon being a citizen
or
b) filing I-130 after being a citizen
or
c) are they the same turn over time (time frame)

2) If its New Delhi India, It is for US Citizens Residing in India ? I have signficant time spent in india before being an american citizen, say like 26 months in the past 5 years, or more than 4 years ever since I became an LPR in 2003. Would I qualify ? I have documents in India proving my residency, bank accounts, Voters Identity Cards. and such.

3) Fastest way relating to a) filing I-130 now and upgrading it upon being a citizen or b) filing I-130 after being a citizen .


Can you Provide me information on this .

 

[Triple Citizen]

A1: In my opinion, 1(b).
A2: I doubt you would be deemed an Indian resident. Worth a shot however.
A3: In my opinion, 3(b).

1) which is faster ? a) filing I-130 now and upgrading it upon being a citizen
or
b) filing I-130 after being a citizen
or
c) are they the same turn over time (time frame)

2) If its New Delhi India, It is for US Citizens Residing in India ? I have signficant time spent in india before being an american citizen, say like 26 months in the past 5 years, or more than 4 years ever since I became an LPR in 2003. Would I qualify ? I have documents in India proving my residency, bank accounts, Voters Identity Cards. and such.

3) Fastest way relating to a) filing I-130 now and upgrading it upon being a citizen or b) filing I-130 after being a citizen .

 

[sreeleshk]

appreicated

A1: In my opinion, 1(b).
A2: I doubt you would be deemed an Indian resident. Worth a shot however.
A3: In my opinion, 3(b).

If i am to try to for DCF, would I be referring to my I-130 thats already filed or will I be petitioning a whole new one ?

 

[Triple Citizen]

DCF will require a new I-130, since DCF bypasses USCIS altogether and the I-130 is approved by the State department themselves.

If i am to try to for DCF, would I be referring to my I-130 thats already filed or will I be petitioning a whole new one ?

 

[sreeleshk]

A1: In my opinion, 1(b).
A2: I doubt you would be deemed an Indian resident. Worth a shot however.
A3: In my opinion, 3(b).

A1: One I-130 only, whether you apply now and upgrade, or you wait until you become a citizen.
A2: DCF is only available to resident US citizens, so you will not be able to qualify.
A3: You can apply for K-3 once you become a US citizen. You will submit an I-129F in the US through your service center.

Quickest way for you spouse is to come to the US on an H-1B or L-1A/B visa.

If DCF its worth a shot, I will keep you guys posted of what the outcome is and have my fingers crossed.

in between , dont get me wrong- with all respect triple_citizen, can some one tell me with some authority if its
1b, thats faster that 1a ? rather than a personal opinion