Frequently Asked Questions - Family-Based Green Cards

I got married in November 2008 and my husband received his green card through our marriage (I am a US citizen) After a few months our marriage didn't work out and we are thinking about a divorce. Can he loose his green card if we get divorced?

On April of 1997 my dad as a citizen put in application for my sisters and I and we were accepted the same year on July 1997 but we have not heard anything else after the last correspondense we recieved in 2001. just wondering why it has taken so long for our green card to arrive or any notice what we are to wait any longer and how much longer. Can you please let me know what we should do?

1. I am a GC holder for a year. I got married in dec of 2008 to a foriegn national and need to know when to file the I-130 for my wife. I do not have any tax returns as yet since i did not gain employement till 2009. I need to know the best way to tackle getting my wife over. If i send the I-130 in how soon will i need to provide financial documents like tax returns and other statements of support. Or will it be ideal for me to hold on till i have at least one years tax return as i would prefer not to be the cause of any processing delays.

2.As a follow up to the question 1, as advised by you I have gone ahead and submitted forms I-130/G-325A. The check for the applications has been cashed, but I would like to know what the next step is or how best to follow up on this.

I might be getting married to a green card holder who has it since 5 years and is eligible to apply for a citizenship next june. If I get married to him now when will I be eligible to get a visa to join him in America? What sort of visa will help me be with him and when?

I filed I 130 for my unamrried son but before it was processed i became citizen so I filed fresh which may take mor than 5 years Is there any possibility for my son to come here and file adjustment visa? Can he stay and work after adjustment visa?

I arrived in the U.S. with a non-immigrant visa that expires 2016, my dad is a permanent resident who is now applying for his citizenship. My dad wants to sponsor me while i remain in the us. What forms do we have to fill out and would i be able to live and work in the us while my status adjustment is processing.

I am an American citizen. My parents received their 1 year multiple B-2 visa in Aug-09 and they came to live with me in Sep-09. I applied for I-130 for my mother in Oct-09. I received my mom's I-130 approval notice in Feb-10. And my parents are still in the States with me now. They were granted 6 months stay till Mar-10. My questions are:

1. Can my mom stay in the States beyond March and file I-485 status ajustment? Or should she go back to her home country and wait to be interview at the consulate?

2. I haven't applied I-130 for my dad. Can I file a B-2 visa extension for my dad and can he legally stay in the States after Mar-10 until the B-2 visa extension is granted or denied by Immigration? What form should I use for B-2 visa extension? Approximately how long does it take Homeland Security Immigration to grant or deny a B-2 visa extension case?

I recently got married and my wife is in F1 and has completed her MBA in december and is on CPT till Feb 2010. So whats the best way to get her status changed/adjusted.I am from Nepal and so if I go about filing I 130 how long does it take and can I file simultaneously AOS or not. If AOS is approved can she stay till I 130 get approved.Or I cant file AOS till I 130 approved

I am an American with all my documents and I am trying to get my husband his green card, the thing is, he is already an alien of the U.S. that did not enter with a visa is there a specific form that I would have to address in these conditions.

I am trying to sponsor both of my parents that currently live in Mexico. Do I have to pay 2 filing fees and do two separate applications?

My husband is a naturalized citizen. He filed an I-130 petition for his brother. We have received an approval notice and understand there is a visa petition still has to be done to make it all final. Will my brother-in-law be able to bring his wife and daughter with him? Or will he have to come first and petition on their behalf? Where can we look to find out how long the visas are taking to be assigned/approved for specific countries/regions?

I am Vietnamese-American (US citizen). I have put in the application I-130 to sponsor my brother and his wife to come to the US, now my brother and his wife have another baby. What form/process do I need to fill out?

My husband and I have been married for over 2 years now. On September, he filed I-130 on my behalf and we have also filed G-325A in October. My question is whether I can come to visit him for Christmas on a B-1 visa? I just want to make sure that it will not affect the application and that I will not have to stay in the US until the application is processed.

My boyfriend is a u.s citizen and we want to get married. The problem is that i came to mexico and i cant go back. I was wondering if there was any visa or anything that he can get for me to go back before i get my greencard. And how long and how much it takes to do the whole process.

I'm a US Citizen & would like to sponsor GC for my parents who have 2.5 weeks of tourist visa validity. Is it possible in such a short time since you mentioned that they need to have visa validity until the I-130 is approved. Can they apply leave the country and get back?

I applied for GC in February 2005. I was married in October 2007 in India. I got my GC in July 2008 on EB2 category. I never added my wife to GC application after marriage because we had conflicts. She left to India in November 2007. I have got the marriage annulled in USA in December 2007. However did not proceed in Indian court. Now we have reconciled and want to get back together. Since there was no divorce in Indian court can I get a family based GC for her? According to Indian law she is my wife since October 2007. What options do I have to bring her to USA?

After completion of the case by NYC, interview date of my sister and family has been scheduled at the US
Embassy at Johannesburg . Can you please let me know as to what type of questions are asked during interview.
will they get visa same day, if everything goes well.

I am a US citizen and I want to petition my mother for Permanent residency using the I-130 form. She is currently in the USA illegally. Does she have to go back to her home country while I petition for her? Will she be deported if she stays here? I would like information about what to do with my case. Is there a fine that I have to pay because she has been here illegally since 1989?

I'm on F1 and got pregnant. Can I take a break for sometime and get back to studies? My husband is a GC holder..well we got married after he got GC. Now can he apply for a family based GC for me, I kind of know that it takes atleast 4 yrs for me to get GC...but just wanted to make sure that he can apply while I am on F1

Can I petition my brother to come here who has a serious medical issue and needs my help?

I just got married to an American Citizen, unfortunately I am in his country illegally. I want to know what process would we have to go through to get me a Green Card and make me a resident. I am also pregnant, will this affect anything at all?

My wife and I have decided that marriage does not fit into each others dreams anymore. We have been married for almost 3 years and Just got a notice that after filing I-751, the evidence submitted with the form was "insufficient". Our marriage and relationship started and continued in the utmost manner of good faith. Our decision for divorce was a mutual one. We plan on continuing friendship in good faith and she will always be part of our family. She has a life here, she works hard, pays taxes and wants to continue her life here. We both don't want her residency here, her life, stripped away.

I'm a US Citizen, and I want to file a I-130 on behalf of my mother, Do I need to file a separate petition for my 12 year old sister or should be included? They both live outside the USA.

I came to US on F1 visa in dec 2003. I have completed my bachelors in 2009.I got an OPT for 1 year. Meanwhile, I got married to a Green card holder as well as I got an admission in master programe to maintain my F1 status. Now my master is going to finish in May 2011 and my wife will be US citizen in December 2011. I was thinking to file I-30 only right now. Once she become a citizen then I would file for AOS. What if I file I-30 will I be able to recieve OPT after my graduation?. Or just wait until she becomes a citizen?

1. I came to the US on H-1B in November 2007. My sister is a citizen of this country and she applied for a green card for me (and my dependents) in the F4 category in 2009. I also came here in 2006 for 2 months on B1. I have never overstayed on my Visa. Is this fine or will it be a problem? We also mentioned my A#, SSN etc..on the I-130.

2. During the H1b process, I missed mentioning my sisters name on DS 156 (question 37). This is a question on the form to disclose if anyone in the family is a US citizen. Will this create an issue? On the I-130 form, in the proofs, my name was not on the birth certificate (date of birth, parents name etc..all match with my sisters birth certificate).However, after filing the form I-130, we worked with the government agencies in India to get it corrected.Is there a way we can send the updated birth certificate to USCIS or should we just wait?

My husband has a greencard, and I came to US after marriage on L1 visa, my I94 expires on 09/2010. My husband is waiting for his citizenship in 2011 to file for 130 and 1-485. Can I still do AOS staying here in 2011 or do I need to go for consular processing.

I am married to a U.S. citizen. My two sons from Malaysia under 21 received their GC are already in the U.S. My husband could not file for my daughter as she was above 18 when we married so I filed on Sep 2009, I-130 before she turned 21 . My question, is there any way to bring her to the U.S. ONLY to visit us until her I-130 gets approved. We only want her to visit us and not overstay in USA.

If my fiancee came to the US illegaly what is the best course of action to follow? Should we get married here and then go back to his home country and file for immigration or is it better to leave the US and get married in his home country and then file the I-129 and I-130? I am just not sure what happens since he came here illegally. Are there fines that have to be paid? Does anyone know?

I obtained my US citizenship status early in 2009. Now my parents came to visit me and staying with me. I have a plan of applying the green card for my parents and keep them with me until the green card is fully processed. Can you please advise me whether I need to file I-130 or I-485 ? They have the I-90 stamped until April 2010.
Also in I-130 there is a question ( I think no 22) , asking the preference of visa process. Is it possible for me to ask our my preference?

I submitted a I-130 for my wife (I am a greencard holder), and got my receipt of notice in October 30, 2006. No more information has been sent to me or her. Is that normal? No yet approved, what do I need to do? Just wait? Thank you so much.

My parents obtained their green card in December 2002 and came to U.S. Due to their age, they applied for I-130 and did not established 6 mo - residency until Jun - Dec 2005. Last US exit was in Dec 2005. They do not intend to abandon US residency and will come here when their health allows. Is their green card still valid - what else can be done here. Any help - most appreciated

I have a family-based pending GC application that is likely to be processed in 2012. Could I apply for a NIV (visitor or student) before GC application is processed? How likely is it that a NIV application may be denied due to my immigrant intent, and if it is denied, what repercussions could that have for my GC application and beyond?

I'm a permanent resident and I would like to know if I could sponsor my daughter who is over 21 and is currently on F1 status. If so, would she be allowed to stay in the U.S. if her visa expires during processing?
How long will this process take.

I married a US citizen on may of 2009 and we were going to have a baby but we lost it a month ago. I entered the US illegally when I was 3 years old I am now 21 yrs old. A few years ago my moms employer filled an I-140 for her and all her children including myself were on the application. I want to know if that would benefit me in anyway?

I am a U.S citizen,I got married in U.S.A., my oldest son was born there,and I have 2 more sons that were born abroad and are citizens too, my husband had a green card, but he had drug trafficking problems almost 15 years ago, something like conspiracy, thats why we are living outside the U.S., if we want to go back, can something be done about this so the whole family can live there again? Can he get like a pardon and get a green card again, or there is no way this can be done?

I found your site is very helpful to know the US immigration. I would like to ask few queries about Immigration. I have just got notice the petition has been approved as relationship of sister. My Brother is living in US, He is US citizenship card holder. My query is how many years or months should I wait for the Interview of VISA.. Does it take long time or now it is very short? I tried to search in different site but I didn't get my answers. As my understand this is in F4 categories. I am from Nepal. I would be very glad if you provide about my answer of question.

I want to know if I am applying for both my parents to immigrate I do know I need to do 2 separate petitions. But do I need to pay to pay 2 separate fees as well, or what is the process please help thanks.

I am a US Citizen and I filled the forms for my brother to come here, but I want his son also to come because he is a very skilled computer programmer and I need him in my business. I included him in my petition form but he is 25, is it possible for him to come here? They are in Cuba.

I am a US Citizen, my husband is a permanent resident whose green card expires in Nov. 09. Does it automatically get renewed or am I required to sign something? And what happens if I am contemplating a divorce. Does he get deported?

I just got my citizenship. My husband has an expired F1. We've been married for 4.5 yrs and live in the States, what do I have to do to get my husband permanent resident?

I found this site so useful for valuable information. I got approval from I 130 and I am in US with F-1 visa. Can I submit I 485 without immigration number? Also Can I request for the work permit on this basis?

My son was born in the US, he was 2 months premature and his birth in the US was pure accident since i was on vacation there when i developed a complication and had to be hospitalised at 6 months pregnant.
He is only 8 months, and we are living out of US. Is there any right for parent of young US born child to apply for residency so the child can be raised in the US?

I am green card holder in USA. I filled I130 for un-married son (above 21) in July 2001. He got married in May 2005 and lives with his wife in USA on H1B. My application I130 which i filed in July 2001 for unmarried son has been approved. I am waiting for their communication. My question is Will my son be eligible for the approved application by just changing his status to Married and get his greencard along with his wife?

Cut off date of approved petition for my sister and family is 17 May 1999. My sister who is Indian citizen, is at present in Botswana. My nice who is 18 yrs. and approved in petition is aready in US on valid student visa. Can she apply for change of staus indepentally when visa number is available or it has to be together with family . Can she apply before her parents apply or it has to be simultaneous?

Can I renew a permanent greencard that has been expired? How much do I have to pay?

I have a sister to sister petition on Jan.14,1998 under 245(i). Me,My husband and,our daughter already here in united states.We've been working now for 13yrs never stop. We bought a house and a car under our name,we file and pay taxes,we have a drivers license under our name.My question is what kind of financial support that my sister is gonna show,if we make more than she makes,is it not gonna be a problem? What is the time frame means? When the last time i checked my EAC at the uscis is sept.01,2001.pls.help

1. My son has LPR status and wishes to marry a girl who is on student visa valid for next 3 years. Is she required to maintain her F1 status after her petition is filed after marriage.? Can he apply for AOS after filing the petition? Appreciate your guidance.

2.Can she stay as long as she has valid F1 visa and opt to follow? After this period she may try for H1

My Mom had green card several years ago and lost staus. Now I would like to sponsor her for lost Green card. Will there be a preference or does it help her get GC faster? She is planning on coming here on a visitor visa and then file for sponsoring her for GC.

If the Child is born in India and we have the GC by that time, is there any way the child can travel to US?

Why does it take years and years for family to be reunited.

1) I am a US Citizen. My parents (or spouse/spouse-to-be) are in USA on visitors visa. Can I apply for their green card? How does it all work?

2) My parents' I-130 application is currently pending. They are currently living in their home country, India. Can they visit me during the pendency of the green card application?

3) Is it better to apply for adjustment of status or consular processing for the last step of their green card?

4) Updated FAQ - My parent came to US with B1 visa and they are still here. But the visa were expired several years ago. Now I am a citizen, I wonder if I can still apply for green card for them. Could I apply by myself or need to consult with a lawyer?

I am currently on H1B extension (7th year ; with pending I-485 under NIW, and approved Advanced Parole & EAD) dating an American citizen. We want to get married in India. If I were to leave my current job in October 2009, and go to India (for making marriage arrangements), is it advisable to:

1. First get engaged here in the US and file for fiancé Visa while I am in US (and then travel to India) in order to re-enter US on a legal status.
2. Also do we have to get married in US again in order to provide proper legal marriage documentation and to file family based I-485 as spouse.

I am on H1B. If applied for GC through Family Based 4 category (brother/sister) can I apply for extension of my stay after my 6 yrs H1 period once the I-130 approved? Or this extension request is applicable only on Employment Based processing after Labor clearance?

Divorced from my husband and need to file for removal of conditions (status: permanent resident), i.e. to apply for a waiver of the requirement to file a joint petition due to termination of marriage. How do I proceed? What documents do I need to file for removal of conditions based on the situation I am in.

I filed I-130 for my mother at beginning of April. Now I want to file I-485 as part of the concurrent filing. Can I just file I-485 and attach a copy of I-130 notice? Please advise what I should do. Thank you

I am here on L1b visa from x company. My sister sponsored me Immigration visa in 2006. (File is still in processing). My assignment is going to over here.
Is there any work around or change of status through which i can stay here?

I have recently gotten engaged to a green card holder. We are making plans for our wedding, very likely to happen this year. However, the following questions arose:

1. Does the fact that I already hold another Master and a Ph.D. degrees accelerate my green card application? I understand that the backlog is of 5-6 years, but I wonder if my advanced education will assist my application.

2. My H-1B application last year was approved, but I did not use the visa, as I decided to go back to school for (yet!) another degree. Will the approval of the H-1B be looked at favorably, unfavorably, or will it not make a difference?

3. I am currently an F-1 holder. If I marry my fiance' this year, may I simply maintain my Visa independent of his? I am eligible to an OPT after I graduate (to happen this year or in mid-2010) and I am certain I will be able to obtain an H-1B afterwards. Therefore, I do not depend on my fiance' to keep a legal status in the country. Is it legal (or advisable) to keep my Immigration records separate from his?

4. How about when we file for taxes, after the wedding happens? May we file separately, or do we need to declare we are married?

After a long-term relationship, earlier this year I married a U.S. citizen. I do not want to change my immigration status and do not wish to immigrate nor reside permanently in the United States since we both have steady jobs outside the U.S. and I do not want to leave my country. All I want is to be able to travel temporarily into the U.S. for pleasure and leisure as most tourists do, once or twice a year for a couple of weeks each time.

I want to know if I can just apply for a new B-1/B-2 tourist visa to travel into the U.S. or if my husband needs to file an I-130 petition for alien relative and I-129 and K visa thereafter instead –which I understand would be the right process if I ever wanted to adjust status or become a U.S. permanent resident.

My brother got US Citizenship this month. I would like to apply Green Card using my brother's citizenship.Is it possible ? How long it will take . Now I am holding H1B.