to renew green card or apply for citizenship?

[yna 0]

Hi me and my husband needs help regarding his green card... if he needs to renew it or apply for citizenship/naturalization...

it goes like this, his green card is about to expire within six months and our petition is on going and still waiting for the response of the nvc on when it'll be completed and when to have our interview, and our problem is what is the best thing to do for my husband so our petition won't be affected by him changing his status for renewal of his green card or to apply for citizenship... and he applied I-130 for me and our 2 kids in one I-130 form (not in a separated form) coz he is a green card holder compared to a citizen one that needs a separate I-130 form for each applicant.

i hope somebody out there could help us out... thank you...

[aaron2020 11,651]

Hi me and my husband needs help regarding his green card... if he needs to renew it or apply for citizenship/naturalization...

it goes like this, his green card is about to expire within six months and our petition is on going and still waiting for the response of the nvc on when it'll be completed and when to have our interview, and our problem is what is the best thing to do for my husband so our petition won't be affected by him changing his status for renewal of his green card or to apply for citizenship... and he applied I-130 for me and our 2 kids in one I-130 form (not in a separated form) coz he is a green card holder compared to a citizen one that needs a separate I-130 form for each applicant.

i hope somebody out there could help us out... thank you...

You have been misinformed. An LPR who petitions for a spouse and unmarried children under age 21 MUST file separately for each family member. Look at Part 2 of the I-130 instructions. I have addressed this misconception before in my responses to other people. There is no exception for him to file a single petition for you and his children. He should immediately file separately for the children.

The bad news is that you may qualify for a visa years before your children because the first petition will only be for you. Any new petitions will have new priority dates and the children will have to wait at least 4-5 more years.

If you husband qualifies to become a US citizen, do it. He could then upgrade all the petitions to Immediate Relative cases and all of you would get visas at the same time.

[aaron2020 11,651]

I-130 Instructions

2. If you are a lawful permanent resident of United States, you may file this form for:

A. Your husband or wife;

B. Your unmarried child under age 21;

C. Your unmarried son or daughter age 21 or older.

3. If your relative qualifies under paragraph 2(B) or 2(C ) above, separate petitions are not required for his or her unmarried children under 21 years of age.

------------------------------------------

Note that there is no exception for 2(A). This means that an LPR who petitions for a spouse is required to file separately for his or her unmarried children under 21 years of age.

Only when an LPR petitions for an unmarried child, the LPR is not required to file separately for unmarried children under age 21 of the beneficiary (petitioner's grandchildren).

Edited January 8, 2010 by aaron2020

[yna 0]

You have been misinformed. An LPR who petitions for a spouse and unmarried children under age 21 MUST file separately for each family member. Look at Part 2 of the I-130 instructions. I have addressed this misconception before in my responses to other people. There is no exception for him to file a single petition for you and his children. He should immediately file separately for the children.

The bad news is that you may qualify for a visa years before your children because the first petition will only be for you. Any new petitions will have new priority dates and the children will have to wait at least 4-5 more years.

If you husband qualifies to become a US citizen, do it. He could then upgrade all the petitions to Immediate Relative cases and all of you would get visas at the same time.

thank you for the information... but i believe that my question is would our petition be affected (already in the process waiting for the completion) if my husband will change status or renew his green card.... and i have no idea about the information you provided me regarding on what to's when filing an I-130 for separate family member...all i know is it only applies to an american citizen.

just to enlighten everybody as well, my husband petition only for me and a dependent (son) last 2006 for only ONE I-130 form he did not file a separate form for our son.. and it was only $190 at that time... and now when we have received our approval notice and paid our fee online we saw our son's name reflected that we need to pay for $400 EACH so we believe that our son is included in the petition.. and for our daughter we requested her to join us as well, we called nvc one what to do for our daughter to be included in our petition.. and we sent them the needed dox (they did not asked us to file for another I-130 for her) and after 4weeks we have received a letter that we need to pay an immigrant visa fee for another $400 which we paid already for our daughter... in short we only paid $190 for only ONE I-130 form... and a total of $1,200 for our immigrant visa for each of us....

in fact we actually asked a consule here in our place regarding that and he said the same thing as you said... and somehow at that moment we were sad knowing that our son can't join us... but when we found out that our son can join us we were glad and happy about the outcome....

and i believe that only the american citizen MUST file a separate I-130 form for each family member...

[milimelo 4,481]

Aaron told you what is correct - so you can't really enlighten any of us. Sooner or later, the USCIS/NVC/ Embassy is going to see there is no approved I-130 petition for the child(ren) and you will be delayed until you send it in and get the approval.

Let us know how it goes.

[Deputy Purple 1,294]

and i believe that only the american citizen MUST file a separate I-130 form for each family member...

If you apply common sense or logic to this then you would see that is doesn't make sense for LPR to have less burden than a USC.

Regardless of what "you believe" and a phone operator might mistakenly tell you if your documentation isn't complete and it gets caught at any point in the process then you will suffer great delays. Why take the risk?

I thought that I didn't need to supply a separate I-864 Affidavit of Support for my step son as the instructions mentioned something about dependents coming with primary beneficiary only needing to be included on the primary beneficiaries AOS and then a copy of that packet included for them but I errored on the side of caution and it was later confirmed that I was correct in including original AOS packets for each my wife and stepson.

[yna 0]

Aaron told you what is correct - so you can't really enlighten any of us. Sooner or later, the USCIS/NVC/ Embassy is going to see there is no approved I-130 petition for the child(ren) and you will be delayed until you send it in and get the approval.

Let us know how it goes.

i appreciate everybody contributed to this topic of mine.... and i believe that every family member should file a separate form... i realy believe in this. but in my case we have paid already the immigrant visa fee for each of us... and they did not ask any other I-130 forms for each of our dependents... i don't know why and we have talked few nvc people already regarding this and they said nothing about filing another i-130 forms for each of our dependents...

and i believe every applicant has a different issues and situation and we are one of them... and just to avoid confusions, again this is not my concern anymore coz in the first place this was not my problem i was only asking if our petition will be affected if my husband will change status or just renew his gc... and again thank you for those who commented regarding filing forms for each family members..

as for us we are happy that our daughter can join us they didn't asked any other i-130 forms to fill up for her just bc and approval notice.. and we got the invoice and paid and now we are waiting for the completion of our papers...

If you apply common sense or logic to this then you would see that is doesn't make sense for LPR to have less burden than a USC.

Regardless of what "you believe" and a phone operator might mistakenly tell you if your documentation isn't complete and it gets caught at any point in the process then you will suffer great delays. Why take the risk?

I thought that I didn't need to supply a separate I-864 Affidavit of Support for my step son as the instructions mentioned something about dependents coming with primary beneficiary only needing to be included on the primary beneficiaries AOS and then a copy of that packet included for them but I errored on the side of caution and it was later confirmed that I was correct in including original AOS packets for each my wife and stepson.

regarding this yes, we need to supply each aos for each applicant... and we did that as well...

[yna 0]

If you apply common sense or logic to this then you would see that is doesn't make sense for LPR to have less burden than a USC.

Regardless of what "you believe" and a phone operator might mistakenly tell you if your documentation isn't complete and it gets caught at any point in the process then you will suffer great delays. Why take the risk?

I thought that I didn't need to supply a separate I-864 Affidavit of Support for my step son as the instructions mentioned something about dependents coming with primary beneficiary only needing to be included on the primary beneficiaries AOS and then a copy of that packet included for them but I errored on the side of caution and it was later confirmed that I was correct in including original AOS packets for each my wife and stepson.

that is what i told my husband too that he really needs to apply a separate form for each one of us... but he told me when he went to the office to file for the petition the officer told him that he doesn't need to file a separate form for the child and should state the name of the child in one form and thus the child is already in one form together with the spouse... and i see no reason on why they ask for an immigrant visa payment if our children are not in one case... and we asked a lot of nvc representative. and now just got off from the phone talking to one rep again and i really ask him why we need not to file a separate form for each of our dependents.. he said that usc need to file a separate form because it makes the case faster coz they are usc compared to lpr.