Family-Based Green Cards

Marriage Based Petition

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.

1. I think you should file ASAP. You can get a co-sponsor and show all other assets you have.


2. For basic information call the USCIS customer service. Your local Congressman can help in the follow up.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Getting married to a green card holder

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?

Once he is a Citizen, he can apply for a K-3 and/or green card for you. Each one of them takes different times, usually less than a year.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I130 and application for adjustment

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?

No one can file for adjustment unless their priority date is current. You should be able to upgrade the earlier filed I-130 to reflect your current citizenship. That way, he keeps his priority date. Contact USCIS customer service.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Father wants to sponsor me

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.

Review Form I-130. You cannot stay in USA while or just because the case is pending, unless you have some visa/status that allows you to stay.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Can my parents stay in the US?

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?

1. From what you have described, I see no reason why you cannot file for their I-485 and have them stay.

2. He can legally stay in USA as long as USCIS receives the extension request (Form I-539)before the expiration of his current status. He can stay till the request is decided or till the time for which the extension has been requested, whichever comes first. It can take several months for the application to be decided.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Spouse's status -- Are you a US Citizen?

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

If you are a US citizen, there is no problem. You apply for her AOS simultaneously. If you are a green card holder, you cannot file AOS until the priority date is current and she cannot stay in USA based upon your application. She should probably think of H-1.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Green card for spouse entered illegally

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.

You need to talk with a lawyer. If someone enters USA illegally (EWI), generally they are barred from adjustment of status (AOS).

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Sponsoring both my parents

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?

Yes, you will need to file 2 applications and pay twice

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I-130 for sibling

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?

In your husband's case, your brother in law will be able to bring his wife and children without making a separate application. Follow the dates in the Visa Bulletin. The date of the I-130 filing (not approval) with be his "Priority Date."

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Sponsoring brother from Vietnam, and he just has a new baby.

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?

You do not have to do anything extra. This can be taken care of when you they get communication from National Visa Center.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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