Can a LPR apply for i 130 while in India?

[Barbara J 115]

Thanks all for your help on this matter. I seriously do not want to abandon my Permanent status, I did file my US tax return and have some of my family staying there like my brother and grandparents. One of the lawyers told me that now a days it only takes about 2 years for the spouses of LPR to get their visas and that was the only reason I applied for the re entry permit thinking that I shall stay here in India till things get going.

I also realise that my situation may raise questions at the time of returning to the US but I really wish everything works out fine.

I will chime in with the others and say your lawyer would say that because he knows he is going to get more money out of you when it takes 4 years to get your husband here.It will not happen in 2 years and you need to think about your LPR status.

Edited June 22, 2011 by Barbara J

[n4th4ly4 9]

Ya, I understand that part of the GC which is why I applied for the re entry permit before coming to India and that allows me to stay in India for 2 years after which I will have to go back which I will for sure.

I have taken a permission to be here in India till the end of 2012, I really hope things start moving till then.

OMG, dont stay in india for 2year even u have re-entry permit, it will restart ur GC. dont do the same mistake like my husband did... my husband GC was from 2005, ( on 2010, supposed to be he was eligible to file for citizenship) but he does'nt know the rules so, on feb 2009 until jan 2011 he lived in his home country, feb 2011 he came back to US, pass the borders and back to work, but his GC restart back to zero, and he is not eligible to apply for naturalization and have to wait for another 4years. hiks the best way to keep ur GC is, stay in US at-least for 6month and u can file for I-130 F2a for ur husband and wait till the proses done. and u can visit ur husband once a while, that's the best advice i can give.

gudlak...

[Brother Hesekiel 2,236]

You are getting your Green Card, and a few months later you are moving back to India and plan on staying there for two years? Do you really think that this would work?

I predict that you may encounter problems when trying to reenter, based on the assumption that you may have abandoned your US residency. What I don't have to predict is that that would reset your residency clock to zero. What I also don't have to predict is that this would kill you chances of becoming a US citizen for another 5 years. So let's forget what "the lawyers" have told you; let's look at the actual waiting times, shall we?

http://www.travel.state.gov/visa/bulletin/bulletin_5489.html

F1 category for India is currently processing applications from May 2004, and F2a applications from March 2009. If you were to file your I-130 now, that would mean your husband can travel to the US the earliest on January 2014, but it could be considerably later.