Filing I-130 as a LPR

[Henia 11]

Hello I have read on Vj several forums (with the changement of DCF) to file the I-130 as soon as possible. But I am not clear on why...

I am still a LPR, but waiting on naturalization. I have receieved a NOA stating I should get a interview within the next 260 days. So a long ways off. I was married last year in September and would like to bring my husband here. I am wondering what is the benefit (if any) in filing the I-130 now while still a LPR... since as LPR you have to wait for a visa to be open and as USC you donnot. Does filing now as LPR move the petition along towards getting approved or does a visa need to be availibe before the I-130 is approved? I hope I am making sense. I am just trying to figure out if it is worth filing now or to wait until I am in USC (which I *think* not happen anytime soon) ???

Thanks alot!

[meauxna 15]

One benefit is having it as a back up, should anything happen to your N-400 process, you have that ticking along in the background.

It makes more sense if the I-130 is filed shortly after the LPR gains LPR status, but has benefit at any point.

You could search the US Immigration group http://britishexpats.com/forum/forumdisplay.php?f=34 and the US Marriage Based Visas group http://britishexpats.com/forum/forumdisplay.php?f=35 as this topic has come up often in the past.

Edited January 28, 2007 by meauxna

[Henia 11]

Thanks Meauxna I am looking at that www now.

[Henia 11]

I checked that www...unforuntately I did not see anything to asnwer my question. Any more info?

[diadromous mermaid 36]

Hello I have read on Vj several forums (with the changement of DCF) to file the I-130 as soon as possible. But I am not clear on why...

I am still a LPR, but waiting on naturalization. I have receieved a NOA stating I should get a interview within the next 260 days. So a long ways off. I was married last year in September and would like to bring my husband here. I am wondering what is the benefit (if any) in filing the I-130 now while still a LPR... since as LPR you have to wait for a visa to be open and as USC you donnot. Does filing now as LPR move the petition along towards getting approved or does a visa need to be availibe before the I-130 is approved? I hope I am making sense. I am just trying to figure out if it is worth filing now or to wait until I am in USC (which I *think* not happen anytime soon) ???

Thanks alot!

If I understand the process, properly, the clear benefit that I see is the ability to file the I-130 now. While there are long wait times for immediate family members of LPRs, that wait time is related to an available visa since, if I understand it correctly, regions have certain numerical allocations. The I-130 filed by an LPR can be approved, but thereafter the beneficiary must await an available visa in order to begin the entry process. If you were to wait until you naturalised, you'd then still have to file the I-130 and have it approved before a visa could be issued to your spouse. Upgrading a previously filed I-130 (filed as an LPR and then later upgraded as an USC) in my opinion would be expediting the process The downside? Possible limitation for your alien spouse to enter the country as a tourist, perhaps? But even then, I sense with a spouse stateside, that could be complicated anyway.

[Henia 11]

Hello I have read on Vj several forums (with the changement of DCF) to file the I-130 as soon as possible. But I am not clear on why...

I am still a LPR, but waiting on naturalization. I have receieved a NOA stating I should get a interview within the next 260 days. So a long ways off. I was married last year in September and would like to bring my husband here. I am wondering what is the benefit (if any) in filing the I-130 now while still a LPR... since as LPR you have to wait for a visa to be open and as USC you donnot. Does filing now as LPR move the petition along towards getting approved or does a visa need to be availibe before the I-130 is approved? I hope I am making sense. I am just trying to figure out if it is worth filing now or to wait until I am in USC (which I *think* not happen anytime soon) ???

Thanks alot!

If I understand the process, properly, the clear benefit that I see is the ability to file the I-130 now. While there are long wait times for immediate family members of LPRs, that wait time is related to an available visa since, if I understand it correctly, regions have certain numerical allocations. The I-130 filed by an LPR can be approved, but thereafter the beneficiary must await an available visa in order to begin the entry process. If you were to wait until you naturalised, you'd then still have to file the I-130 and have it approved before a visa could be issued to your spouse. Upgrading a previously filed I-130 (filed as an LPR and then later upgraded as an USC) in my opinion would be expediting the process The downside? Possible limitation for your alien spouse to enter the country as a tourist, perhaps? But even then, I sense with a spouse stateside, that could be complicated anyway.

Thanks Mermaid...I am currently putting together my I-130 to send off. I got my N400 interview so the case should be approved I *hope* quick...leats quicker then I thought. So we have decided to send the app off... and as you said hopefully expediting things. Thanks again!