My boyfriend is a US green card holder since 2005 and we're planning on getting married

[hopeful_usrn 0]

Ok. Then he needs to meet the below conditions to get naturalized.

Continuous residence - 5 years as permanent resident without leaving the U.S for trips of 6 months or longer

Physical presence - 30 months (2.5 years)

Since he came back in 2009 as you told, he would be eligible to get citizenship in 2014.

So, your best bet is:

1) Get married

2) File your I-130 (somebody told now-a-days it takes 2 years, but this timeframe can change based on visa availability)

3) If your I-130 is not approved, apply his U.S citizenship in 2014 and upgrade your petition

4) You will have GC in another 6 months time after the upgrade, based on the current timeline

This immigration process sucks really. If one spouse is in non-immigrant category such as H1B etc., he/she can bring the spouse immediately with him in H4. Best priority for non-immigrants! If he/she is a USC, he/she has to wait at least 6 to 9 months to bring the spouse. If he/she is in GC status, forget about it. Really sucks!

Loto

Yes, he needs to count from 2009 since he had out of U.S status for more than 6 months in re-entry permit.

Loto

Thank you so much for your reply!!

I highly appreciate it. So i guess the best bet is get married then file for a CR1 Visa for me, if not granted then i'd just have to wait for his naturalization. at least this way, we're one step ahead. again, thank you so much!

yes go ahead and file the wait time could be 2 years or less because i petitoned as a permanent resident for my husbad last year and now hes waiting on an interview date. so the time varies.

HI Shelly! Wow that's great news. I hope you'd be able to live in the USA together soon. BTW, thats a great timeline you have there! 1 year. oh and can i ask if you're a greencard holder or a citizen when you filed for his CR1 visa? thank you so much!

[LotofPatience 65]

hopeful_usrn, Shelly's response will make you GLAD. See things are changing in the USCIS even for GC holder petitioning for their spouse. This is really great news!

Follow the path I suggested and hopefully you will be approved by still being your petitioner in GC status!

Loto