Lawful Permanent resident married to a B1/B2 visa holder.

[cali_girl 0]

PLEASE HELP!!!

I am a lawful permanent resident.I came here last January 2005.

I got married February 2009 with my husband who holds a B1/B2 visa

that is already expired.He came here July 2003 legally. He works as a caregiver

and his employer petition him.His labor certification and I-140 (petition for immigrant worker)

was approved but he still waiting for a new law in order to adjust his status as an immigrant since

he is not covered by 245(I).

QUESTIONS:

1. Can I file him a petition while I'm an immigrant or should I wait my citizenship first? which is better?

2. If I file him a petition now while im an immigrant, can he atleast get a work authorization while waiting for his priority date?

can he apply for I-485 as well?

2. How long would it take to apply for citizenship since my five year resident will be on January 2010? can I apply early?

[milimelo 4,554]

Answers:

1. Yes, you can apply for him as an LPR - waiting time is 5 yrs for the visa number to become available but since you will become a citizen next year, once you have the citizenship certificate in hand you will call the NVC (or wherever the application is) and get it updated and his case will be sent off to the consulate for further processing and visa issuance.

2. No, he can't wait in the US for the visa to be available - so no EAD as far as I know will be available to him.

Again no, he can't do Adjustment of Status (I-485).

3. You can apply for citizenship 90 days before the fifth year anniversary of your green card so in late October - early November (count back on the calendar the 90 days). That is the earliest you can apply.

I would also check to see in what status your husband is in - if he is out of status you may have problems.

[cali_girl 0]

Answers:

1. Yes, you can apply for him as an LPR - waiting time is 5 yrs for the visa number to become available but since you will become a citizen next year, once you have the citizenship certificate in hand you will call the NVC (or wherever the application is) and get it updated and his case will be sent off to the consulate for further processing and visa issuance.

2. No, he can't wait in the US for the visa to be available - so no EAD as far as I know will be available to him.

Again no, he can't do Adjustment of Status (I-485).

3. You can apply for citizenship 90 days before the fifth year anniversary of your green card so in late October - early November (count back on the calendar the 90 days). That is the earliest you can apply.

I would also check to see in what status your husband is in - if he is out of status you may have problems.

Thanks!

he's out of status because of waiting too long for his labor certification based on emplyment petition.

If I become a US citizen and file a petition for him, can he wait here in the US for his green card?

[pushbrk 13,105]

Answers:

1. Yes, you can apply for him as an LPR - waiting time is 5 yrs for the visa number to become available but since you will become a citizen next year, once you have the citizenship certificate in hand you will call the NVC (or wherever the application is) and get it updated and his case will be sent off to the consulate for further processing and visa issuance.

2. No, he can't wait in the US for the visa to be available - so no EAD as far as I know will be available to him.

Again no, he can't do Adjustment of Status (I-485).

3. You can apply for citizenship 90 days before the fifth year anniversary of your green card so in late October - early November (count back on the calendar the 90 days). That is the earliest you can apply.

I would also check to see in what status your husband is in - if he is out of status you may have problems.

Thanks!

he's out of status because of waiting too long for his labor certification based on emplyment petition.

If I become a US citizen and file a petition for him, can he wait here in the US for his green card?

Yes, but he won't have work authorization without applying for it separately at the time he files to adjust status based on his marriage to a US Citizen. Even then, it will take three to four months, if approved.