QUESTION
My husband has a green card, is it possible for me to fill out I-130 to get papers for me?
Asked on Mar 14th, 2013 on Immigration - Nevada
More details to this question:
Because I lost my student status in 2011, got married in 2012. How long it takes to get an answer? More than one year ago my husband applied for citizenship, we know he is not going to get it soon, but I need some papers to work now, we know he should get first citizenship then apply for me, don’t explain me that, I need to know with green card case, how it takes?
3 ANSWERS
Citizenship usually takes about 4-6 months so not sure why your husband's filed more than a year ago is still not up for interview. Follow up on that. As far as him petitioning for you as a green card holder, the process takes about 3 years and if you are already out of status you would not be able to adjust status anyway. You'd have to wait until he becomes a US citizen and then you adjust as an immediate relative (spouse of US citizen) whereby unauthorized stay is forgiven.
Answered on Mar 15th, 2013 at 11:03 AM
Lisa Marie Galvan
Yes, it is possible for your husband to file a Form I-130 on your behalf. However, as the spouse of a green card, your green card would not be immediately available. As such, you would not get the desired employment authorization document.
Answered on Mar 15th, 2013 at 11:02 AM
Immigration Attorney serving Las Vegas, NV
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Law Office of Arsen V. Baziyants
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Since you're out of status, you'll really need to wait until he becomes a U.S. citizen.
Answered on Mar 15th, 2013 at 5:58 AM