Very Confused with the timing and cost for spouse visa. Need help

[Pratiklama 0]

Hello

I'm a M27

So I recently got married to my girlfriend of 4 years. We got married here in my country (in South Asia) She is a USA green card holder. I was honestly not planning to get married this soon, but a lot of things happened and now for her mental health I want to be there for her (she doesn't want to move back to this country). Right now I am very confused with where to start. I heard some people say it usually takes 7-8 months for the visa process but I recently talked with a lawyer in USA and she told me, incase of green card holder it usually takes around 3-4 years. And again I talked with my friend who is also in the US and he recently brought his wife over, he said it took him a year.

So I am kind of confused with how the visa process timing works. Honestly the more time i have here the better because i need to sort things out here with my business before I leave, but at the same time I want to be with my wife too. I just want to know how much time it'd realistically take so I can manage my time accordingly. Or does the timing of the visa process differ with different cases?
Need some advice!! Thank you

[appleblossom 2,503]

3 minutes ago, Pratiklama said:

Hello

I'm a M27

So I recently got married to my girlfriend of 4 years. We got married here in my country (in South Asia) She is a USA green card holder. I was honestly not planning to get married this soon, but a lot of things happened and now for her mental health I want to be there for her (she doesn't want to move back to this country). Right now I am very confused with where to start. I heard some people say it usually takes 7-8 months for the visa process but I recently talked with a lawyer in USA and she told me, incase of green card holder it usually takes around 3-4 years. And again I talked with my friend who is also in the US and he recently brought his wife over, he said it took him a year.

So I am kind of confused with how the visa process timing works. Honestly the more time i have here the better because i need to sort things out here with my business before I leave, but at the same time I want to be with my wife too. I just want to know how much time it'd realistically take so I can manage my time accordingly. Or does the timing of the visa process differ with different cases?
Need some advice!! Thank you

 

The lawyer is right, your friend in the US presumably is a US citizen - and that's the difference and why his case was much quicker. 

 

As you're the spouse of a green card holder, you're not an 'immediate relative', so have to wait for a visa number to become available. You can see the info on the Visa Bulletin, as you can see, in your category (F2A) currently those with Priority Dates (i.e. they date they applied) of November 2021 or earlier are just now eligible to get a visa. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-september-2024.html

 

So 3-4 years would be a good estimate. If your wife can apply for citizenship soon, she should do so. When does she become eligible?

[Pratiklama 0]

She was recommended that she apply for her citizenship in 2025 as she was denied for citizenship last year due to overstaying.

So can we start with the visa process now and if she applies for her citizenship next year will the time decrease Or would you recommend that we wait for her to get her citizenship first?

Thank you so much for the fast response XD means a lot.

 

[appleblossom 2,503]

1 minute ago, Pratiklama said:

She was recommended that she apply for her citizenship in 2025 as she was denied for citizenship last year due to overstaying.

So can we start with the visa process now and if she applies for her citizenship next year will the time decrease Or would you recommend that we wait for her to get her citizenship first?

Thank you so much for the fast response XD means a lot.

 

 

She should start the spouse visa process now, once she's a citizen she can 'upgrade' the petition. 

 

Worrying that she was denied for overstaying though, how did she get her green card?

[Pratiklama 0]

Thank you.

She got her green card through her parents. She's been living in the states for almost 11 years now. She came back to this country in 2019 for a family event, but due to covid and her health she over stayed.

I think we will hire a lawyer and get started with the visa process. Thank you so much for the reply XD. I can now keep 2 years in my mind and manage my business here accordingly. For now maybe I'll try for a tourist visa from here XD (fingers crossed)

[appleblossom 2,503]

16 minutes ago, Pratiklama said:

She came back to this country in 2019 for a family event, but due to covid and her health she over stayed.

 

Oh, do you mean she overstayed in your country? I thought you meant she'd overstayed in the US before she got her GC i.e. as a visitor. If she hadn't been in the US for long enough to meet the physical presence requirement when she applied for citizenship then of course it would have been denied. 

 

When did she return to the US? 

 

And 2 years isn't likely - as above, think 3-4 as more realistic. You can try to visit her in the meantime though, if she comes to visit you make sure she keeps time to a minimum so she's not risking her LPR status again, if she's got a lot of time out of the country she needs to make sure she really shows the US is her permanent home. 

Edited September 9 by appleblossom

[Boiler 45,499]

I thought COVID was March 2020

 

Anyway has she gone through the site and is sure as to when she can apply?

[TBoneTX 45,288]

Thread is moved from the K-3 Process forum to the "Bringing Family of Permanent Residents" forum.

[SalishSea 17,829]

On 9/9/2024 at 8:27 AM, Pratiklama said:

Thank you.

She got her green card through her parents. She's been living in the states for almost 11 years now. She came back to this country in 2019 for a family event, but due to covid and her health she over stayed.

I think we will hire a lawyer and get started with the visa process. Thank you so much for the reply XD. I can now keep 2 years in my mind and manage my business here accordingly. For now maybe I'll try for a tourist visa from here XD (fingers crossed)

It will take longer than two years-  possibly 4-5 (longer if you’re Pakistani) And a visitor visa is unlikely to be approved.