QUESTION
When is the earliest time we can apply I-130 petition?
Asked on Feb 03rd, 2014 on Immigration - Texas
More details to this question:
My husband and I got married a year ago. Recently, he got his citizenship and I'm currently out of status. We've decided to wait until our two years anniversary and then file I-130 petition and ask for the green card for me. In that case, I will be able to get a regular green card not the temporary one. My question is: what's the earliest time we can file the petition in order to be able to apply to this "two year marriage" rule? Our anniversary is in December. Should we apply right after it or is it possible to do it anytime earlier and how early will be okay? Thanks so much for all the help!
5 ANSWERS
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Generally the process will take more than 3 months so its safe to file three months before the two year anniversary.
Answered on Feb 07th, 2014 at 1:38 PM
Bruce A. Coane
It would depend on local processing times. You should meet with a board certified immigration lawyer like myself, in order to take all the guess work out of the process.
Answered on Feb 07th, 2014 at 1:32 PM
I think that the reasoning is really not very smart in this case because until you file you are subject to removal even if you are married. So what if you get a conditional green card? If you are married and the marriage is bona fide, getting the conditional status removed is really not an issue. In the meantime, you'd be able to work and live in the US lawfully. At any rate, if you still want to do it the way you planned, you can file before December since it takes at least 4-6 months for the interview to be scheduled, by which time it will be past your 2 year anniversary.
Answered on Feb 07th, 2014 at 1:29 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You should apply about 2 months prior to the second year of your wedding anniversary. It's hard to believe that you have been waiting for this. The process to change a 2 year green card to the 10 year one is quite easy. Not sure that it was worth the wait.
Answered on Feb 07th, 2014 at 1:23 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Although the 2-year marriage rule for conditional residency is determined on the date that a decision is made on your residency application, it is probably best not to submit your I-485 application earlier than 30-60 days before your 2nd anniversary.
Answered on Feb 07th, 2014 at 1:22 PM