He is from USA and me from Kazakhstan_need adise please

[2008N 0]

Hellow everyone,

Maybe some one can help us.

We are married for almost 2 years., got married in Kazakhstan. He is a green card holder in the USA and lived there for 13 years until he came to me and stayed for more than 6 months. We have one year old child.

In November last year I tried to get a visit visa to meet his relatives but it was declined. Do think will it be bossible to apply again after 2 years of marriage?

What is the best way for us to start immigration process? To wait until he gets his citizenship what may take 5 years or apply now with his green card?

Thank you all for your help and good luch for those who are far away and want to meet each other sooner.

[cmnb 0]

Hellow everyone,

Maybe some one can help us.

We are married for almost 2 years., got married in Kazakhstan. He is a green card holder in the USA and lived there for 13 years until he came to me and stayed for more than 6 months. We have one year old child.

In November last year I tried to get a visit visa to meet his relatives but it was declined. Do think will it be bossible to apply again after 2 years of marriage?

What is the best way for us to start immigration process? To wait until he gets his citizenship what may take 5 years or apply now with his green card?

Thank you all for your help and good luch for those who are far away and want to meet each other sooner.

he should apply for your and your child's CR-1/IR-1 visa right away. this way atleast you have that part started, atleast. after that he should apply for his US citizenship. if he has lived in the US for 13 years, he is eligible to apply. once he has his citizenship, he can upgrade your application.

this in my opinion is the best approach for you guys.

Edited September 22, 2008 by cmnb

[2008N 0]

he should apply for your and your child's CR-1/IR-1 visa right away. this way atleast you have that part started, atleast. after that he should apply for his US citizenship. if he has lived in the US for 13 years, he is eligible to apply. once he has his citizenship, he can upgrade your application.

this in my opinion is the best approach for you guys.

Thank you so much for your help. You gave me the best option for us for now. I think we would apply for CR1. Do you think its better to wait for 2 years of our marriage to apply (MArch 2009) I guess it would be an advantage?

As far as I understood reading this forum it would be better not to apply for a tourist visa for now. I have already been declined to get a visa after we got married. Do you think it could be negative for my CR-1 visa processing now?

Thank you and I wish you the best of luck with your process! Its so so hard to be away from each other especially when you know that it might take more than 5 years

[Carlawarla 1]

You can't do anything until he's a US citizen. However long your married has no relevance to when you can apply, it's all determined when he can get his citizenship.

Yes, it is hard being apart. I'm afraid it wasn't very nice to him though to not have checked into these things before marrying you! Did he not know that he had to be a US Citizen first? He could have done this years ago.

What has he been doing for the last two years since you've been married? I'm confused actually.

[hope1 0]

You can't do anything until he's a US citizen. However long your married has no relevance to when you can apply, it's all determined when he can get his citizenship.

Yes, it is hard being apart. I'm afraid it wasn't very nice to him though to not have checked into these things before marrying you! Did he not know that he had to be a US Citizen first? He could have done this years ago.

What has he been doing for the last two years since you've been married? I'm confused actually.

He should send I-130 application through his green card and upgrade his case later to USC if needed. Immigration law for spouses change from time to time so the good idea is to apply right now you never know LPR spouses could be treated like USC spouses very soon.

[2008N 0]

You can't do anything until he's a US citizen. However long your married has no relevance to when you can apply, it's all determined when he can get his citizenship.

Yes, it is hard being apart. I'm afraid it wasn't very nice to him though to not have checked into these things before marrying you! Did he not know that he had to be a US Citizen first? He could have done this years ago.

What has he been doing for the last two years since you've been married? I'm confused actually.

Carlawarla - thank you for your reply. Yes, it was our big mistake not to find out about these requirements first but we fall in love and wanted to get married I guess its understandable.

He did not get his Citizenship before just because there was no need for it. The only negative side of it showed up when we decided to move.

We thought we could reside in my home land first but he was looking for a job here with no luck. Thats why now he has one year with no taxes to file. Now he is back home and we try our best to fix our problems. I know that it will take time but I am ready to wait simply because I love him.

Thank you all for your support.

[2008N 0]

He should send I-130 application through his green card and upgrade his case later to USC if needed. Immigration law for spouses change from time to time so the good idea is to apply right now you never know LPR spouses could be treated like USC spouses very soon.

Thank you lots for your advise and giving us a hope.

[JJBBKK 0]

yes do the i-130 and wait for ur priority date, i would not suggest applying for another visitor visa as from my understanding it would be considered fraud when u obtain visitor visa with the intent to adjust status upon arrival. good luck and hopefully everything works out for u

Edited October 28, 2008 by JJBBKK

[Nita&Assaad 0]

Yes apply for the I-130 Now don't wait until March 2009. Also have him start his process to become a US citizen ASAP!! Plus make sure he doesn't stay outside the US pass 6 months on his PLR status, I believe if he stays passed the 6 months he can loose his PLR status.... Good Luck!!

Nita

[Carlawarla 1]

You can't do anything until he's a US citizen. However long your married has no relevance to when you can apply, it's all determined when he can get his citizenship.

Yes, it is hard being apart. I'm afraid it wasn't very nice to him though to not have checked into these things before marrying you! Did he not know that he had to be a US Citizen first? He could have done this years ago.

What has he been doing for the last two years since you've been married? I'm confused actually.

Carlawarla - thank you for your reply. Yes, it was our big mistake not to find out about these requirements first but we fall in love and wanted to get married I guess its understandable.

He did not get his Citizenship before just because there was no need for it. The only negative side of it showed up when we decided to move.

We thought we could reside in my home land first but he was looking for a job here with no luck. Thats why now he has one year with no taxes to file. Now he is back home and we try our best to fix our problems. I know that it will take time but I am ready to wait simply because I love him.

Thank you all for your support.

Indeed, we can't help who we fall in love with. Knowing it will take time, and not panicking (which you're not!) is a good plan. I hope you are together soon and that it won't be long before he gets his citizenship and then you can come here with your child and be together as a family once again.

All the best!