QUESTION
What is the best way to sponsor wife who is in India?
Asked on Jun 12th, 2013 on Immigration - New York
More details to this question:
I am a green card holder and staying in the US. My wife also had green card but since she overstayed back in India for more than a year she lost her continuous residency. I will be eligible to apply for citizenship in January 2014 and after I apply, it will take 4-5 months before I get citizenship. Now my question is, should I wait till I get citizenship before I apply for sponsorship or should I start the process now. Please help with the options I have.
4 ANSWERS
You can file the I-130 petition for alien relative now. While the I-130 case is pending (which will be at least 10-12 months since you're an LPR), you may apply for naturalization in Jan 2014. Once naturalized, the I-130 case will convert to an immediate relative petition. Your wife will have an immediate immigrant visa available once you become a citizen and she no longer will have to wait for her priority date to become current. She will however, have to wait for the immigrant visa interview while the case is processed at the National Visa Center.
Answered on Jun 17th, 2013 at 9:32 AM
You can petition for your wife now and once you become a US citizen, you can upgrade the then pending petition to that of an immediate relative which will speed it up considerably.
Answered on Jun 14th, 2013 at 9:07 AM
Adebola O. Asekun
While your wife's stay outside US for more than one year may have resulted in her loss of residency, it is not a foregone conclusion that she has lost her green card. As such, your first option is to consider if and how she can still retain her green card despite her extended stay overseas. Your plan to re file another petition for her is noted, but there is never a guarantee of approval. But if you intend to file a new I-130 petition for your wife, you may want to consider doing so right away in your current status as an LPR in the F2A category [wife of an LPR].While current projections shows an Oct. 2011 priority date for petitions in that category, there is always possibility of retrogression for Indian nationals so that a longer processing time is possible. So, the earlier you make the decision the better. You clearly intend to file for US citizenship, which, if approved, will make your I-130 petition for your wife immediately available. But again, you should not assume your citizenship application will not run into delays or even that it will in fact be approved. It appears you base a number of your plans on hypothetical projections of what may or may not come to pass. Perhaps, a better alternative is that you consult with an experienced immigration attorney who will advise you of the options that may be at your disposal in dealing with this matter.
Answered on Jun 12th, 2013 at 10:26 PM
If she cannot get a returning resident visa, then you will apply for her for her again. You can do it now, and when you become a citizen, you will inform USCIS about it.
Answered on Jun 12th, 2013 at 12:18 PM