Timeframe in bringing a spouse of an LPR

[Jim♥Michelle 0]

Hi I'm LPR too. . . my petition to my husband filed on Nov 30, 2001. It was approved on Aug 2005, until now I didn't heard anything yet, i plan to get my citizenship and upgrade my original petition. . . They said that the time period for LPR petition right now is almost 7 yrs. . . it's hard for me coz i have 3 kids. . . Just pray hard. . .

MC

Im also LPR Spouse,... It so sad that we're not eligible to file V Visa because only those who filed on or before Dec. 21, 2000 are eligible ...

[D and B 0]

I moved to USA in Dec 2000 and was also an LPR when I filed the I-130 for my wife in June 2002, I became a US Citizen in Jan 2005 and I upgraded my petition to "Spouse of U.S. Citizen". My wify has her interview for Visa/Greencard in London UK next week Oct 3rd 2006. I hope this help!

Edited September 28, 2006 by Dipen & Bindu

[alex11 0]

Hi I'm LPR too. . . my petition to my husband filed on Nov 30, 2001. It was approved on Aug 2005, until now I didn't heard anything yet, i plan to get my citizenship and upgrade my original petition. . . They said that the time period for LPR petition right now is almost 7 yrs. . . it's hard for me coz i have 3 kids. . . Just pray hard. . .

MC

Oh my God! Im also married to an LPR. We just filed FI-130 last Dec. 2005 and received NOA1, still waiting for NOA2. Are you sure that the waiting time for LPR Spouse is 7 years!!?? .. That's awful! ... I thought we're gonna wait for only 3 years processing time? ...

[Jim♥Michelle 0]

I moved to USA in Dec 2000 and was also an LPR when I filed the I-130 for my wife in June 2002, I became a US Citizen in Jan 2005 and I upgraded my petition to "Spouse of U.S. Citizen". My wify has her interview for Visa/Greencard in London UK next week Oct 3rd 2006. I hope this help!

Mabuhay!

Thank You ... But how do we know if my hubby can now file for his US Citizenship?

Year 2000, he became LPR.

In 2002, he stayed here in the Philippines for 10 months and we got married then he go back to the USA.

2004, he visited me here in the Philippines for 6 months then go back to US.

And this year 2006, he stayed here for 3 weeks. Now, he's in the US again....

Is he now eligible to file for his US CITIZENSHIP? Or staying here in the Philippines for about 10 months will lessen his 5 years counting before he can apply for US Citizenship?

We need help. Thank You ..

[chie1423 3]

Thanks, it helps a lot. By that we know that we have hope and upgrading thru applying for a citizenship is the best way to expedite our petition to our wife/husband. It's really sad that being an LPR we need to suffer to wait for a long time.

Thanks again, just keep in touch and will ask you a questions and query when the time comes, that I need help to process my paperworks for my husband!

MC

Edited October 2, 2006 by chie1423

[john_and_marlene 162]

I moved to USA in Dec 2000 and was also an LPR when I filed the I-130 for my wife in June 2002, I became a US Citizen in Jan 2005 and I upgraded my petition to "Spouse of U.S. Citizen". My wify has her interview for Visa/Greencard in London UK next week Oct 3rd 2006. I hope this help!

Mabuhay!

Thank You ... But how do we know if my hubby can now file for his US Citizenship?

Year 2000, he became LPR.

In 2002, he stayed here in the Philippines for 10 months and we got married then he go back to the USA.

2004, he visited me here in the Philippines for 6 months then go back to US.

And this year 2006, he stayed here for 3 weeks. Now, he's in the US again....

Is he now eligible to file for his US CITIZENSHIP? Or staying here in the Philippines for about 10 months will lessen his 5 years counting before he can apply for US Citizenship?

We need help. Thank You ..

The continuity of residence is broken if you are outside the U.S. for over 6 months, but less than 1 year and your 5 year wait starts over. If the visit in 2004 was 6 months and 1 day or more, the time starts again then.

It is possible to overcome this break in continuous residence if you can show evidence that the residence was not abandoned during the time of the absence. Consideration is given if you can show things like maintaining a domicile in the U.S. and keeping your U.S. job while away.

http://www.uscis.gov/lpbin/lpext.dll/inser...pter-32-73-46-3

[Jim♥Michelle 0]

The continuity of residence is broken if you are outside the U.S. for over 6 months, but less than 1 year and your 5 year wait starts over. If the visit in 2004 was 6 months and 1 day or more, the time starts again then.

It is possible to overcome this break in continuous residence if you can show evidence that the residence was not abandoned during the time of the absence. Consideration is given if you can show things like maintaining a domicile in the U.S. and keeping your U.S. job while away.

http://www.uscis.gov/lpbin/lpext.dll/inser...pter-32-73-46-3

"It is possible to overcome this break in continuous residence if you can show evidence that the residence was not abandoned during the time of the absence. Consideration is given if you can show things like maintaining a domicile in the U.S. and keeping your U.S. job while away."

Maintaining domicile in the U.S.? The Rental Bill Payor of their house is his parents & written in the Stubs is the name of his parents, is that okey? and by the time he visited me for 10 months he wasn't employed...oh God help us..

Thank You so much!

Chelbear

[john_and_marlene 162]

The continuity of residence is broken if you are outside the U.S. for over 6 months, but less than 1 year and your 5 year wait starts over. If the visit in 2004 was 6 months and 1 day or more, the time starts again then.

It is possible to overcome this break in continuous residence if you can show evidence that the residence was not abandoned during the time of the absence. Consideration is given if you can show things like maintaining a domicile in the U.S. and keeping your U.S. job while away.

http://www.uscis.gov/lpbin/lpext.dll/inser...pter-32-73-46-3

"It is possible to overcome this break in continuous residence if you can show evidence that the residence was not abandoned during the time of the absence. Consideration is given if you can show things like maintaining a domicile in the U.S. and keeping your U.S. job while away."

Maintaining domicile in the U.S.? The Rental Bill Payor of their house is his parents & written in the Stubs is the name of his parents, is that okey? and by the time he visited me for 10 months he wasn't employed...oh God help us..

Thank You so much!

Chelbear

It doesn't appear that he'll be likely to overcome the break in continuity. At least you are armed now with the proper information and can be cautious about incurring any further breaks. Did he accept work while he was with you? Did he claim that income on his taxes? You should also familiarize yourself with the factors that can be used to determine abandonment of status even for periods less than 6 months.

[Jim♥Michelle 0]

The continuity of residence is broken if you are outside the U.S. for over 6 months, but less than 1 year and your 5 year wait starts over. If the visit in 2004 was 6 months and 1 day or more, the time starts again then.

It is possible to overcome this break in continuous residence if you can show evidence that the residence was not abandoned during the time of the absence. Consideration is given if you can show things like maintaining a domicile in the U.S. and keeping your U.S. job while away.

http://www.uscis.gov/lpbin/lpext.dll/inser...pter-32-73-46-3

"It is possible to overcome this break in continuous residence if you can show evidence that the residence was not abandoned during the time of the absence. Consideration is given if you can show things like maintaining a domicile in the U.S. and keeping your U.S. job while away."

Maintaining domicile in the U.S.? The Rental Bill Payor of their house is his parents & written in the Stubs is the name of his parents, is that okey? and by the time he visited me for 10 months he wasn't employed...oh God help us..

Thank You so much!

Chelbear

It doesn't appear that he'll be likely to overcome the break in continuity. At least you are armed now with the proper information and can be cautious about incurring any further breaks. Did he accept work while he was with you? Did he claim that income on his taxes? You should also familiarize yourself with the factors that can be used to determine abandonment of status even for periods less than 6 months.

He didn't work here in the Philippines, he just spent all those days with me (even on his 10

months and on his 6 months) and yes, he claim his income from his taxes .. He pay taxes, he

has Income Tax Return Receipt, is that enough to prove Immigration that he established himself in

the US. Also, some current bills to serve as an evidence.

Thank You for helping people like me ..

You're Heaven Sent .. Take Care.

Chelbear

[Nikita2Charles 32]

How does someone with a green card who has already filed I-130 Upgrade their I-130 Petition after becoming a US citizen, is there a special form to fill out.

Thanks

[D and B 0]

How does someone with a green card who has already filed I-130 Upgrade their I-130 Petition after becoming a US citizen, is there a special form to fill out.

Thanks

It was really easy, I just called USCIS (1 800 375-5283) since my petition hadn’t made it to NVC yet, USCIS upgraded my petition over the phone, all they asked for was our case number and my citizenship certificate number. I received a confirmation in the mail from USCIS within 2 weeks say my petition was upgraded to US citizen applying for spouse. Hope this helps… and good luck!

[meauxna 15]

Many thanks to aussiewench for digging this out:

Written inquiries, changes of address and requests to upgrade petitions due to naturalization of the petitioner should be sent to: WC The National Visa Center, 32 Rochester Avenue, Portsmouth NH, 03801-2909 or email NVCINQUIRY@state.gov

http://travel.state.gov/visa/immigrants/ty...types_1309.html

Note: When contacting the NVC make sure you include the case number. If emailing put the case number in the subject line.

In the body of the letter/email include both petitioners and beneficiary's (now applicant) full names and dates of birth along with your request.

[gQuind 0]

Given the long wait for an LPR to petition his/her spouse, is it then advisable to get married in one's home country before applying for greencard? My case is that I will be applying for AOS though employment based petition, I have a visa, but my fiance doesn't have one. Is is then a good idea that we get married before I leave my country so I can include him in my petition? Has anyone undergone "to-follow spouse"? Something like that.

Thanks!

[Boiler 46,246]

Given the long wait for an LPR to petition his/her spouse, is it then advisable to get married in one's home country before applying for greencard? My case is that I will be applying for AOS though employment based petition, I have a visa, but my fiance doesn't have one. Is is then a good idea that we get married before I leave my country so I can include him in my petition? Has anyone undergone "to-follow spouse"? Something like that.

Thanks!

Absolutely, get him a H4 or L2 and then you both adjust.

[mbv 0]

so is this about right?

icame to the us around april 02

file for i-30 for wife sept 05

hopfully will become a citizen by Jun 07 and upgrade petition to spouse of citizen?

so around sept 08 wife should be getting her interview?

i'm asking for my cousin, not me heheheh

thanks

Edited November 20, 2006 by mbv