Citizen already married to Mexican National, what to do, can he qualify for immediate relative?

[carolineperea 0]

Just wondering here, I have been married to my husband for 3 years now, and before we married, his father filed I130 petition, and was approved shortly after our marriage. Have been waiting on any response from visa center for 2 yrs now, would it be quicker and/or possible to file for him as a immediate relative? I want him HERE with me, LEGALLY!! We have a child together, he just turned 1!

Edited August 27, 2009 by carolineperea

[aaron2020 11,651]

Just wondering here, I have been married to my husband for 3 years now, and before we married, his father filed I130 petition, and was approved shortly after our marriage. Have been waiting on any response from visa center for 2 yrs now, would it be quicker and/or possible to file for him as a immediate relative? I want him HERE with me, LEGALLY!! We have a child together, he just turned 1!

YES!!! You can file for your husband. As a US citizen, your husband would be an Immediate Relative and he would be eligible for a visa in 6-12 months (on average).

You did not give enough information for me to give you a simple and straight answer so I will give you some more information. Some bits of information may apply to your husband and some will not.

If your husband has had an adverse immigration action against him, then it would affect any immigration visa that is requested for him.

If your father in law was still an LPR when your husband married you, then the petition his father filed for him was automatically revoked upon your marriage as an LPR cannot petition for a married child.

If the petition that your father-in-law was a USC prior to your marriage, then the petition filed for your husband is in the F3 category (USC petitioning for a married child). Currently visas are available for Mexicans in the F3 category with petitions filed before July 1, 1991. Yikes.

A person can have multiple petitions going concurrently. Do not cancel the petition your father-in-law filed until after your husband arrives in the US as an LPR.

Edited August 27, 2009 by aaron2020