us permanent resident petition for wife (non us citizen) time frame

[angel24 0]

hello,

i will apreciated if you guys can help me with this.

currently im a permanent resident and im getting marry with a non-us citizen.

she is living here in the U.S. does she have to go back to her country because im not a us citizen? i belive she can wait here but im not sure.

how long will we have to wait for her to get at least an employment permit?

thank you!

[RICARDO4EVA2 194]

hello,

i will apreciated if you guys can help me with this.

currently im a permanent resident and im getting marry with a non-us citizen.

she is living here in the U.S. does she have to go back to her country because im not a us citizen? i belive she can wait here but im not sure.

how long will we have to wait for her to get at least an employment permit?

thank you!

welcome to VJ

What status is she in..? If she is legally present in the USA when the priority date is current then she will not be required to go back home but adjust her status instead.

[angel24 0]

welcome to VJ

What status is she in..? If she is legally present in the USA when the priority date is current then she will not be required to go back home but adjust her status instead.

thanks.

she came here when she was a teenager legally, but now she dont have any documents. does this mean she have to go back just because im not a citizen?

Edited April 9, 2011 by angel24

[Penguin_ie 5,996]

She cannot adjust status or get a work permit, because she is not the immediate relative of a US citizen.

[angel24 0]

She cannot adjust status or get a work permit, because she is not the immediate relative of a US citizen.

i understand i need to fill out an I-130 first, but i dont really know how everything works knowing that she is here and im a green card permanent resident.

[Penguin_ie 5,996]

How long until you become a citizen?

[JimVaPhuong 4,863]

thanks.

she came here when she was a teenager legally, but now she dont have any documents. does this mean she have to go back just because im not a citizen?

Yes, if you petition for her while you're an LPR.

In order for someone to adjust status and get a green card there must be a visa number immediately available for them. A petition filed by an LPR for their spouse would be in the family preference F2A category, which is subject to annual quotas. A visa number won't be available until the priority date of the petition is current, which will probably be several years minimum.

In addition, anyone adjusting status in a family preference category must have current non-immigrant status at the time their green card application is submitted. If her non-immigrant status has expired then she won't be able to adjust status. She'll need to apply for a visa at a US consulate abroad when her priority date becomes current.

If she's been out of status for very long since her 18th birthday then she'll be banned from returning to the US. The ban begins when she leaves the US. If she had accumulated more than 180 days but less then one year of unlawful presence then she'll be banned for three years. If she's accumulated more than a year of unlawful presence then she'll be banned for ten years. If she applies for any visa during that time then the visa would be denied.

If you become a US citizen then you could petition for her in the CR1 category. There are no quotas, so she wouldn't have to wait for her priority date to become current. In addition, the requirement that she have current non-immigrant status is waived for immediate relatives of US citizens. Your best bet is to wait until you're eligible and then apply for US citizenship. Once you become a citizen then you can submit an I-130 and I-485 for your wife. She won't have to leave the US or be subject to a ban.

[RICARDO4EVA2 194]

thanks.

she came here when she was a teenager legally, but now she dont have any documents. does this mean she have to go back just because im not a citizen?

correct.

[joe12 1]

Hey Ricardo Do you think my priority date of september 20, 2010 under F2A category will be current by the end of this fiscal year?

I notice in the May 2011 visa bulletin,they make mention of the fact that demand for the F2A and other family based categories except F1 is now low and they expect it to move for the remainder of the fiscal year.Whats yur thought on that Ricardo?

Below is what they said in the May 2011 visa bulletin.

D. VISA AVAILABILITY DURING THE COMING MONTHS

Family-sponsored: The extremely high level of demand during the first few months of FY-2011 resulted in the retrogression of most worldwide cut-off dates in January or February. While most of these cut-offs have begun to advance slowly, heavy demand in the Family First preference has caused a further retrogression for May. At this time it is not possible to predict the rate of forward movement, but some movement is anticipated in most categories for the remainder of the fiscal year.

0

[RICARDO4EVA2 194]

Hey Ricardo Do you think my priority date of september 20, 2010 under F2A category will be current by the end of this fiscal year?

I notice in the May 2011 visa bulletin,they make mention of the fact that demand for the F2A and other family based categories except F1 is now low and they expect it to move for the remainder of the fiscal year.Whats yur thought on that Ricardo?

Below is what they said in the May 2011 visa bulletin.

D. VISA AVAILABILITY DURING THE COMING MONTHS

Family-sponsored: The extremely high level of demand during the first few months of FY-2011 resulted in the retrogression of most worldwide cut-off dates in January or February. While most of these cut-offs have begun to advance slowly, heavy demand in the Family First preference has caused a further retrogression for May. At this time it is not possible to predict the rate of forward movement, but some movement is anticipated in most categories for the remainder of the fiscal year.

0

I saw this post that you sent me yesterday to my phone and i was waiting until I get home to my computer. My brother's priority date is December 30, 2010. The FY will send over another few months.. in August/Sept 2011 i believe. In my honest opinion and not so it just sounds good. I think that by November 2011... they would have been working on 2010 priority dates.

Hey Ricardo Do you think my priority date of september 20, 2010 under F2A category will be current by the end of this fiscal year?

I notice in the May 2011 visa bulletin,they make mention of the fact that demand for the F2A and other family based categories except F1 is now low and they expect it to move for the remainder of the fiscal year.Whats yur thought on that Ricardo?

Below is what they said in the May 2011 visa bulletin.

D. VISA AVAILABILITY DURING THE COMING MONTHS

Family-sponsored: The extremely high level of demand during the first few months of FY-2011 resulted in the retrogression of most worldwide cut-off dates in January or February. While most of these cut-offs have begun to advance slowly, heavy demand in the Family First preference has caused a further retrogression for May. At this time it is not possible to predict the rate of forward movement, but some movement is anticipated in most categories for the remainder of the fiscal year.

0

[mjaskiew 8]

Angel24 - yes you can get married, just don't send the AOS package until you become a citizen. In the meantime, make sure you gather all documents proving you are bona fide marriage, keep all bills, bank statements, insurances etc - anything that has both of your names on it. It will be very helpful when you will be ready to file for AOS.

Get married, your wife's status will not change. Make sure she does not leave USA.

When eligible apply for citizenship, after you get your naturalization certificate you can file for AOS which will result in a green card for your wife.

Good luck!

[angel24 0]

Yes, if you petition for her while you're an LPR.

In order for someone to adjust status and get a green card there must be a visa number immediately available for them. A petition filed by an LPR for their spouse would be in the family preference F2A category, which is subject to annual quotas. A visa number won't be available until the priority date of the petition is current, which will probably be several years minimum.

In addition, anyone adjusting status in a family preference category must have current non-immigrant status at the time their green card application is submitted. If her non-immigrant status has expired then she won't be able to adjust status. She'll need to apply for a visa at a US consulate abroad when her priority date becomes current.

If she's been out of status for very long since her 18th birthday then she'll be banned from returning to the US. The ban begins when she leaves the US. If she had accumulated more than 180 days but less then one year of unlawful presence then she'll be banned for three years. If she's accumulated more than a year of unlawful presence then she'll be banned for ten years. If she applies for any visa during that time then the visa would be denied.

If you become a US citizen then you could petition for her in the CR1 category. There are no quotas, so she wouldn't have to wait for her priority date to become current. In addition, the requirement that she have current non-immigrant status is waived for immediate relatives of US citizens. Your best bet is to wait until you're eligible and then apply for US citizenship. Once you become a citizen then you can submit an I-130 and I-485 for your wife. She won't have to leave the US or be subject to a ban.

great answer,

this pretty much answer all my questions, thank you very much! and thanks to all the other that reply!

so i guess my best bet is to wait, so she can stay here.