QUESTION
Are there benefits to filing an I-130 petition now?
Asked on Mar 26th, 2011 on Immigration - California
More details to this question:
I am a green card holder. I got my GC in 0ctober 2008. I got married in 2010. I want to bring him to the US. My question is, are there benefits to filing an I-130 petition now?
3 ANSWERS
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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As you know, it will take years under current processing times for him to be eligible for green card processing. Two advantages may be 1)that the first step can be processed now and completed 2)the processing times can alter such that he can immigrate earlier 3)you are paying current DHS filling fees!
Answered on Mar 28th, 2011 at 10:52 PM
Immigration Law Attorney serving Costa Mesa, CA
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Law Offices of Louis M. Piscopo, APLC
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Yes there is a benefit to filing now while you are a Green Card holder. The USCIS takes months to process and approve an I-130 petition. Once approved, the file will be send to the NVC and wait for the priority date be become current. Once you naturalize you can notify the NVC and their will move the petition to the Immediate Relative category and begin immigrant visa processing. If you wait until you are US Citizen to file the petition, you will have to wait months just to get to the immigrant visa processing stage. Therefore, by filing now, your wife will be able to come sooner.
Answered on Mar 28th, 2011 at 10:39 PM
Immigration Attorney serving Torrance, CA
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Marie Michaud, Attorney At Law
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Maybe. A few months ago, the visa came up available for people who were in a situation just like you. Additionally, let's suppose something goes wrong.You end being arrested for something just a little bit before the time to file your naturalization, and you end up with probation. You would have to wait until the probation is over before you can file for naturalization. In addition, the USCIS filing fee for the I-130 could go up. I suggest to file the I-130 now. Just make sure to watch the dates on the visa bulletin every month and upgrade your status after becoming an American citizen. (This means submit a copy of your naturalization certificate to the USCIS if they have not yet adjudicated your I-130 or forward the copy to the National Visa Center if the I-130 is already approved. Good luck.
Answered on Mar 28th, 2011 at 10:24 PM