need your advice

[andrea4prez 1]

hello! i need your advice regarding the situation of my friend...

she is an immigrant and she can start her citizenship process on june 2010. she recently got married and her husband has a tourist visa...they are now together here in US. the husband can stay here until july because he is only as i said a tourist visa holder. now they need your opinions about their situation because some people told them that the wife can file for a CR1 while he is still here and he doesnt need to go back to the philippines anymore..what would be the best way? i advised him to just go back home and wait for the processing but im not sure if thats the best advise or way....

the naturalization will take probably 6months and another 6 months for the I130, what do you think should he stay or should he go? hehe...

he doesn't want to be TNT here

[Zen Den 18]

hello! i need your advice regarding the situation of my friend...

she is an immigrant and she can start her citizenship process on june 2010. she recently got married and her husband has a tourist visa...they are now together here in US. the husband can stay here until july because he is only as i said a tourist visa holder. now they need your opinions about their situation because some people told them that the wife can file for a CR1 while he is still here and he doesnt need to go back to the philippines anymore..what would be the best way? i advised him to just go back home and wait for the processing but im not sure if thats the best advise or way....

the naturalization will take probably 6months and another 6 months for the I130, what do you think should he stay or should he go? hehe...

he doesn't want to be TNT here

hi there.

so your friend obviously has two options, petition for her husband as an LPR or wait til she's a citizen before applying.

petitions by an LPR take longer than those of a USC. the good thing is your friend can start the process now and make it shorter when she becomes a USC, -change the status of her husband from immediate relative/spouse of an LPR to immediate rel/spouse of a USC.

in either case though, her husband's visa stay of 4 months will not be enough for the whole process.

if she petitions for him now as an LPR, he'll have to wait til the petition is approved and then wait for a priority date to become current (date when a visa in his category becomes available) before he can actually apply for it. in other words four months (mar to july) of legal stay in the US is not enough for the whole process. even if he goes home after that, the whole process would still take longer than if she waits til she becomes a USC.

consular processing will apply to him if he goes home and your friend takes that petition route, but not while he is in the US on a 4-month only legal stay.

so if he doesn't want to become a TNT, tell him to go back to the phils before the visa expires, whatever the status of his wife's petition. otherwise, uscis/nvc will suspect that the tourist visa was used to bypass the immigration process.

here's the uscis site for the complete info:

http://www.uscis.gov/

[rheanick 42]

Just do it the legal way. Verify the length of time he would be out of status and the corresponding consequences. There is no problem going back to the philippines. CR1/IR1 visa is quite fast right now.

[rheanick 42]

Just do it the legal way. Verify the length of time he would be out of status and the corresponding consequences. There is no problem going back to the philippines. CR1/IR1 visa is quite fast right now.

edit on the 2nd sentence. The rest stays the same: Verify the length of time for the processing of his papers. It is advisable that he should not be out of status.

[Dakine 26]

hello! i need your advice regarding the situation of my friend...

she is an immigrant and she can start her citizenship process on june 2010. she recently got married and her husband has a tourist visa...they are now together here in US. the husband can stay here until july because he is only as i said a tourist visa holder. now they need your opinions about their situation because some people told them that the wife can file for a CR1 while he is still here and he doesnt need to go back to the philippines anymore..what would be the best way? i advised him to just go back home and wait for the processing but im not sure if thats the best advise or way....

the naturalization will take probably 6months and another 6 months for the I130, what do you think should he stay or should he go? hehe...

he doesn't want to be TNT here

Best for hubby to return home and not go TNT even for one day. She can file the I-130 as a LPR now and upgrade the petition when she gets her USC.

[andrea4prez 1]

THANKS! i think they will just wait for the wife to be USC and then file I130 coz i know someone who filed when she was an LPR and when she became USC last July 2009, upgraded the petition until now her hubby's CR1 petition is not yet approved while I became USC same as her even same oath date and my hubby's CR1 was approved dec 2009.

[Dakine 26]

THANKS! i think they will just wait for the wife to be USC and then file I130 coz i know someone who filed when she was an LPR and when she became USC last July 2009, upgraded the petition until now her hubby's CR1 petition is not yet approved while I became USC same as her even same oath date and my hubby's CR1 was approved dec 2009.

USCIS informed me that it would be better to wait and get USC. There can be problems with twitching over.

[andrea4prez 1]

USCIS informed me that it would be better to wait and get USC. There can be problems with twitching over.

thanks!!!!