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Posted

I am a natural born US citizen.  My husband and I have been married for almost 5 years.  He has been a permanent resident for 3.5 years.  I just found out that my husband can file for citizenship after 3 years  of being a permanent resident.  We thought it was five years.

My husband's mother arrived here here last week in the US on a B-2 visa for the next 5 months.  If my husband receives his citizenship before his mother returns home, would we be able file a 485 / 130 petition instead of his mother going back home and filing through the Embassy?

 

 

Posted

Unlikely that his citizenship application will be processed that quickly. If, by some chance, it is then he can file an adjustment of status for his mother. But be very prepared for it taking longer and she will have to return home. After all, she must have strong ties to her home country that will need to be taken care of before she can leave permanently. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted (edited)

It's highly unlikely that he will be granted citizenship while she is still in the US. It takes longer than 5 months from filing to citizenship.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted

Sorry, but you are gravely assuming immigration is rapid. Nothing with immigration is that fast. Your husbands citizenship can take up to a year.

 

Because of that, best that his mother returns before her alloted time expires. Otherwise she will overstay and could incur a ban.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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