QUESTION

I am going to get my citizenship in5 months can I apply for him now or I need to wait become a citizen since he is in India?

Asked on May 15th, 2013 on Immigration - New York
More details to this question:
I got married in January. My husband is still in India. It’s going to take 5 more months to get my citizenship. Do I need to wait until I get my citizenship to apply for his visa, to get faster process? Can you please tell me what I can do?
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5 ANSWERS

You might as well wait until you become a US citizen to petition for him because it is currently taking 3 years for spouse of a green card holder to qualify for a visa so even if you file now, it will really not move anywhere in terms of processing times.
Answered on May 17th, 2013 at 4:06 PM

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Business/ Commercial Attorney serving Bellevue, WA at Lana Kurilova Rich PLLC
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You could apply for him now and once you become a citizen, notify USCIS of your change of status, or you could wait and then file. It is impossible to tell which way will be faster, but it certainly cannot hurt to apply now and get the clock started now.
Answered on May 17th, 2013 at 7:43 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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You can petition him now and then once you become a U.S. Citizen you can upgrade the petition to immediate relative of a U.S. Citizen. To be safe, I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on May 17th, 2013 at 3:59 AM

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Adebola O. Asekun
You are currently an LPR and you are eligible to file for your spouse and I suggest that you do so because, you may not assume you'd be come a citizen until you get it. If and when you become a US citizen, you may request that your visa be reclassified
Answered on May 17th, 2013 at 3:43 AM

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You can file the petition now. When you will become a citizen, you will notify USCIS that the case has to be upgraded to the Immediate Relative category. Doing it this way will start now the process of getting our husband a green card.
Answered on May 16th, 2013 at 12:03 PM

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