QUESTION

Am a green card holder and I wants to file I130 form for daughter back home, how long will it take?

Asked on Nov 08th, 2012 on Immigration - Michigan
More details to this question:
But my wife is a US citizen should I use my status or her? Let me know which one will work faster.
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6 ANSWERS

It depends on your daughter's age: 1) if she were under 18 when you married your U.S. citizen wife, your wife can sponsor your daughter, and a) if your daughter is still under 21, she can get an immigrant visa in about 1 year; b) if your daughter is over 21 and not married, she can get her visa in about 7 years (but if she was born in the Philippines, it will take 15 years; if in Mexico - 19 years); c) if your daughter is over 21 and married, she can get her visa in 10 years (19 years for Mexico, 20 years - for the Philippines); 2) if your daughter were over 18 when you married your U.S. citizen wife, - your wife cannot sponsor your daughter, and, on your petition, a) if she is under 21 and not married, your daughter might get an immigrant visa in 2.5 years (unless she turns 21 while waiting for her visa, in which case things get too complicated for a discussion here); b) if she is over 21 and not married, she will have to wait about 8 years (about 20 years if she was born in the Philippines or in Mexico); c) if she is married, you cannot sponsor her until you become a U.S. citizen.
Answered on Nov 12th, 2012 at 10:09 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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If your daughter was under 18 at the time of marriage, it is faster if she petitions her. It depends on country of nationality to determine time for resident petition but citizenship is faster if your daughter is under 21.
Answered on Nov 12th, 2012 at 9:51 PM

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All depends on your daughter's age. If she is your wife's daughter or step-daughter, a petition through your wife would be faster.
Answered on Nov 09th, 2012 at 5:59 AM

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It really depends on several factors and you'd have to provide more information in order for me to advise you accordingly. How old is your daughter? What is her country of birth? How old was your daughter when you married your US citizen wife?
Answered on Nov 09th, 2012 at 5:42 AM

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Your US citizen wife would be faster if she can file for your daughter. As a step-daughter? Did you married before your daughter's 18th birthday?
Answered on Nov 09th, 2012 at 5:33 AM

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If you married your wife while your daughter was still under 18 years of age, your wife should petition for her because the visa wait time is shorter than if you were the petitioner.
Answered on Nov 09th, 2012 at 5:33 AM

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