QUESTION
How long before a green card holder can file for their spouse?
Asked on Jan 18th, 2011 on Immigration - Oregon
More details to this question:
I am just a green card holder for approximately one year. How soon am I able to file for my husband?
3 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
You may file immediately to get a place in line but this is a preference category so there will be a wait. Were you married before you obtained your green card? If yes, spouse can file immediately as a derivative in many of the green card classifications. Need more facts.
Answered on Jan 27th, 2011 at 9:43 PM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
You can file for your spouse now. However, it will take several years for your spouse to be eligible to apply for their Green Card since they would be in the Family Based 2A category. You can check the Visa Bulletin at the below link to determine how long. One way to speed up the process is to file the I-130 now, file for Naturalization as soon as eligible and then upgrade the petition once you become a U.S.
Also, if you were married BEFORE you were granted your Green Card you husband may be eligible for a Green Card as a derivative beneficiary. If which case, it could be a matter of months for him to get his Green Card.
Visa Bulletin http://travel.state.gov/visa/bulletin/bulletin_1360.html
Answered on Jan 20th, 2011 at 9:58 AM
You can file for your spouse as soon as you get your green card. Usually for this type of application, your spouse has to wait for the visa number to be available before he can be approved for the green card. The earlier you file, the earlier he can get the green card.
Answered on Jan 20th, 2011 at 9:13 AM