Citizenship application through husband or minor?

[sfshark 0]

Hello,

I am on a H1B visa while my husband recently became a citizen. I have a 3 yr old daughter who was born here in the states.

My Q -

1. How long does it take if I apply for a GC based on my husband's citizenship?

2. Is it possible to put an application based on my daughter's citizenship? possible and faster?

Thanks!

[No-Where-Man 147]

Hello,

From my Experience, since you are married to currently a USC, and you are in the US already, you can start applying for AOS (adjustment of status), that will enable you to get a green card if approved. ----------- Please see guides for instructions and forms required.

As of citizenship, once you become a resident (carry a gc), you have two ways to go :

1: wait 3 years from the date you become a permanent resident ( that date will be on your GC, for ex it will say : resident from mm/dd/yyyy), after the 3 years mark (minus 90 days if you choose to file at the earliest) you can file for citizenship based on marriage to US citizen.

2: yoo can file after 5 years from being a permanent resident, and this does not involve the marriage thing...

so its up to you whatever you choose.

As of your child, he/she is a US citizen by birth. You can not acquire citizernship through them (YET), he/she has to be an adult over 21 years to file citizenship for you.

I hope that helps.

Good luck

[Penguin_ie 5,996]

*** Moving from US Citizenship to AOS from Work visa as that is what OP will need to do ****

Op- as mentioned by PP, you can Adjust Status to a greencard via your husband: http://www.visajourney.com/content/i130guide2

Your child will not be able to petition you until she is 18.

[ceadsearc 516]

You get GC based on marriage to your husband. Your daughter's citizenship makes no difference as she can't petition you until she is 21.

To apply based on your husband you'd follow the process for Adjustment of Status. It'll take 4-6 months for a green card.

[grrrrreat 109]

Hello,

I am on a H1B visa while my husband recently became a citizen. I have a 3 yr old daughter who was born here in the states.

My Q -

1. How long does it take if I apply for a GC based on my husband's citizenship?

2. Is it possible to put an application based on my daughter's citizenship? possible and faster?

Thanks!

Here's the adjustment of status guide for spouses of U.S. citizens: http://www.visajourney.com/content/i130guide2

One thing special for you is that you can continue to work and travel on your H1-B visa while the adjustment application is pending, as long as you remain in status on the H1-B and it is unexpired. So you aren't strictly required to file I-131/I-765 for an employment authorization document or advance parole to work or travel, as others who are applying to adjust status are.

However, because the EAD/AP card is free and applying is easy, you might as well apply for it now. You won't need to use it unless your H1-B expires or you want to go out of status on your H1-B (such as by quitting your job or finding a new one), but it's merely back-up for you.