how to petition a spouse of a LPR (immigrant)

[jana_victoria123 0]

Hubby is a green card holder since April 2005. hubby went back to philippines to marry me. Dec 2005. hubby havent filed anything yet... what are the possible means for me to get in the US?

-is it true that his parent can sponsor me (both US citizens)

-how long would it take if he would file a petition for me?

-is it true that even if a petition is alredy filed I could try getting a tourist visa?

pls help. i am clueless

[gag54611 1]

A few questions for you:

- I am assuming that your husband's parents are naturalized US citizens (otherwise your husband would be a citizen). Correct?

- This being the case, what age was your husband when his parents were naturalized?

If I recall correctly, if they were naturalized when your husband was under 18, then he derives US citizenship from them. This is quite important, because your husband can get you here much faster as a US citizen than he can as an LPR. In both cases (USC and LPR) he must file an I-130. It generally takes months to get approval as a USC, but it can take years as an LPR.

If he has to file as an LPR, then it might be better for him to file for naturalization at the same time as filing for you. If naturalization comes through first and there has been little movement on your I-130, perhaps you can withdraw the original petition and re-file with him as a citizen.

Best of luck,

G

[jana_victoria123 0]

A few questions for you:

- I am assuming that your husband's parents are naturalized US citizens (otherwise your husband would be a citizen). Correct?

- This being the case, what age was your husband when his parents were naturalized?

If I recall correctly, if they were naturalized when your husband was under 18, then he derives US citizenship from them. This is quite important, because your husband can get you here much faster as a US citizen than he can as an LPR. In both cases (USC and LPR) he must file an I-130. It generally takes months to get approval as a USC, but it can take years as an LPR.

If he has to file as an LPR, then it might be better for him to file for naturalization at the same time as filing for you. If naturalization comes through first and there has been little movement on your I-130, perhaps you can withdraw the original petition and re-file with him as a citizen.

Best of luck,

G

He become an LPR before he turned 21. Parents are both Naturalized US Citizens.

If i am not mistaken.. hubby has to be in US for 5 yrs. 2 and half continous physical presence and 2 and half yrs. continous presence. How long does it take for him to bring me there wyl he is an LPR??

Are there any other means for me to get there wyl petition is not filed yet??

tnx

Edited March 27, 2006 by cloe

[john_and_marlene 162]

A few questions for you:

- I am assuming that your husband's parents are naturalized US citizens (otherwise your husband would be a citizen). Correct?

- This being the case, what age was your husband when his parents were naturalized?

If I recall correctly, if they were naturalized when your husband was under 18, then he derives US citizenship from them. This is quite important, because your husband can get you here much faster as a US citizen than he can as an LPR. In both cases (USC and LPR) he must file an I-130. It generally takes months to get approval as a USC, but it can take years as an LPR.

If he has to file as an LPR, then it might be better for him to file for naturalization at the same time as filing for you. If naturalization comes through first and there has been little movement on your I-130, perhaps you can withdraw the original petition and re-file with him as a citizen.

Best of luck,

G

He become an LPR before he turned 21. Parents are both Naturalized US Citizens.

If i am not mistaken.. hubby has to be in US for 5 yrs. 2 and half continous physical presence and 2 and half yrs. continous presence. How long does it take for him to bring me there wyl he is an LPR??

Are there any other means for me to get there wyl petition is not filed yet??

tnx

Priority Date for 2nd preference spouse (LPR spouse) is currently 1 July 2000 ... so more than 6 years to get the visa.

If he files now and then later naturalizes, the petition can be upgraded.

How to apply: http://uscis.gov/graphics/howdoi/Appproc.htm

[maryandatif 0]

If he has to file as an LPR, then it might be better for him to file for naturalization at the same time as filing for you. If naturalization comes through first and there has been little movement on your I-130, perhaps you can withdraw the original petition and re-file with him as a citizen.Best of luck,

G

If he becomes a USC before the I-130 is approved he will only have to file an I-130 upgrade form with a copy of his Naturalization Certificate. It is unneccessary to withdraw and refile. At least this is what I have been told by an Immigration Attorney.

Mary K.

***I am not an attorney in any way.****

[jana_victoria123 0]

Priority Date for 2nd preference spouse (LPR spouse) is currently 1 July 2000 ... so more than 6 years to get the visa.

If he files now and then later naturalizes, the petition can be upgraded.

How to apply: http://uscis.gov/graphics/howdoi/Appproc.htm

6 yrs is such a long w8. I have a frend who is married to an LPR as well. I-130 was filed 2002 and right now she is already waitng for her medical and interview..

Im confused w/ the timeframe..

[john_and_marlene 162]

Priority Date for 2nd preference spouse (LPR spouse) is currently 1 July 2000 ... so more than 6 years to get the visa.

If he files now and then later naturalizes, the petition can be upgraded.

How to apply: http://uscis.gov/graphics/howdoi/Appproc.htm

6 yrs is such a long w8. I have a frend who is married to an LPR as well. I-130 was filed 2002 and right now she is already waitng for her medical and interview..

Im confused w/ the timeframe..

oops ... you are correct ... I was looking at an old priority date listing.

The current Family based 2a preferences date for the Philippines is 1 March 2002 ... so just 4 years.

[jana_victoria123 0]

Priority Date for 2nd preference spouse (LPR spouse) is currently 1 July 2000 ... so more than 6 years to get the visa.

If he files now and then later naturalizes, the petition can be upgraded.

How to apply: http://uscis.gov/graphics/howdoi/Appproc.htm

6 yrs is such a long w8. I have a frend who is married to an LPR as well. I-130 was filed 2002 and right now she is already waitng for her medical and interview..

Im confused w/ the timeframe..

oops ... you are correct ... I was looking at an old priority date listing.

The current Family based 2a preferences date for the Philippines is 1 March 2002 ... so just 4 years.

4 yrs is a lot better compared to 6 long yrs... can u give me the link where u found the priortiy dates??

tnx!!!

If he becomes a USC before the I-130 is approved he will only have to file an I-130 upgrade form with a copy of his Naturalization Certificate. It is unneccessary to withdraw and refile. At least this is what I have been told by an Immigration Attorney.

Mary K.

***I am not an attorney in any way.****

That is better.. by the way do u have any idea how to become a citizen? does he have to be in US for 2 and half yrs to apply?

[john_and_marlene 162]

April 2006 bulletin: http://travel.state.gov/visa/frvi/bulletin...letin_2847.html

For Naturalization: http://uscis.gov/graphics/services/natz/general.htm

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);

has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

has resided within a state or district for at least three months

[john_and_marlene 162]

The residency requirement is only 1 year if he joins the U.S. military.

http://uscis.gov/graphics/services/natz/Mi...yBrochurev7.pdf

[jana_victoria123 0]

hi.. i would just like to ask,, does it mean hubby needs to be in straight for 30 mos.. no visiting here in phil?

u've been very helpful tnx!!

[john_and_marlene 162]

hi.. i would just like to ask,, does it mean hubby needs to be in straight for 30 mos.. no visiting here in phil?

u've been very helpful tnx!!

No, just 30 months combined out of the previous 5 years. It actually allows for a great deal of time outside the U.S.

Just make sure he is never gone for 6 months or more any one time.

Edited March 27, 2006 by john_and_marlene

[jana_victoria123 0]

hi.. i would just like to ask,, does it mean hubby needs to be in straight for 30 mos.. no visiting here in phil?

u've been very helpful tnx!!

No, just 30 months combined out of the previous 5 years. It actually allows for a great deal of time outside the U.S.

Just make sure he is never gone for 6 months or more any one time.

hi again!! i would just like to clarify.. sorry for bothering u...

as far as i understood things, hubby can go home to visit me here in Phil as long as he wont be exceeding 6 mos. Hubby doesnt need to stay in US for 30 mos straight. Hubby would be eligble for naturalization by 2010 since he had his greencard april 2005..

pls correct me if im wrong =)

[john_and_marlene 162]

hi.. i would just like to ask,, does it mean hubby needs to be in straight for 30 mos.. no visiting here in phil?

u've been very helpful tnx!!

No, just 30 months combined out of the previous 5 years. It actually allows for a great deal of time outside the U.S.

Just make sure he is never gone for 6 months or more any one time.

hi again!! i would just like to clarify.. sorry for bothering u...

as far as i understood things, hubby can go home to visit me here in Phil as long as he wont be exceeding 6 mos. Hubby doesnt need to stay in US for 30 mos straight. Hubby would be eligble for naturalization by 2010 since he had his greencard april 2005..

pls correct me if im wrong =)

It looks like you could already be with him in the U.S. before he naturalizes. About 4 years ... better get the petition in right away. Good Luck!

[jana_victoria123 0]

tnx but it seems like u forgot to answer my question.. hehehe

about the 30 mos period?? does it mean that w/in that 5 yrs time.. hubby could visit me as long as he wont exceed 6 mos... hubby doesnt need to complete 30 mos continous physical presence in US ryt?? tnx,, tnx