It generally takes added time for a Green Card holder to immigrate a foreign spouse or minor child who is under the age of 21 years. The added time is intended by the U.S. Department of State to help slow down what is referred to as chain migration.
Immediate relatives of U.S. citizens process normally in a matter of months, but those who are not immediate relatives of U.S. citizens must wait an additional period of time, plus the normal processing time for a case. How much time delay depends on the number of cases pending in the system. In the past it was normal for family members of green card holders to process in 3 years or more. However, the number of applications has dropped over the past year or so. In this situation, the DOS has shortened processing time to encourage more people to file cases and fill up the backlog.
Right now is an excellent time for green card holders to file to immigrate spouses (F-2A category) and minor children (F-2B category).
According to Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State: “F-2A and F-2B: Last year, the family-based 2B category advanced very quickly because the demand did not initially materialize. The dates have now advanced to the point where demand is materializing. A similar phenomenon is occurring with regard to F-2A. Until demand materializes, we can expect to see continued advancements in this category. As noted previously, the response rate is low in many of the family-based preference categories.”
Let us know if you are a green card holder and want to immigrate a foreign spouse or minor child under 21 years. Case processing is much quicker than normal at present and your family can be together with you in the U.S. quicker than you think.
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I hope you can help me. I’m going to marry the loveofmylife in few months but there are still a lot of unanswered questions. He is a green card holder and I live in Paris, France. I’m going to come on a F-1 visa and we will marry few months later and ask an adjustment status through a petition for my green card. What I want to know is while waiting for the process with the I-130 am I going to have a work permit? Also will I be able to travel out of the country?
Allan Lolly says
You will not have work authorisation right away. I would need to do some calculation as part of an immigration plan. You would be able to travel either on the F1 multiple entry or travel permission as part of the adjustment application process. However, there are risks.
Please be aware that entering on a student visa with the intent to remain in the U.S. and not depart at the end of your studies is a fraud on immigration. At your green card interview, your history is open to inspection, including your plans before you departed France, email exchanges, Facebook postings, cell phone usage, comments to family and friends, and other social media outlets. It is relatively easy for a fraud unit to uncover the deception when they investigate. Often, these problems can be solved, but when you are not aware of the dangers it can catch you by surprise, and then you are stuck with a permanent bar from the U.S., married or not.
Kind regards, Allan
I’m married to an American I’m from South Africa my immigration agent send me a mail that I will get my alien nr within a few days. My stay on my visa stated that I have to be out of the USA by 13th July but the agent said not to worry as if I can proof my immigration is on file it will be all legal to stay. We got married last year with my visit and I went back to SA and came back in January this year.
Allan Lolly says
Betsi, I am sorry, but I’m available to help and advise those interested in working with me on case processing. You have someone helping, so I should not make comment. If you have doubts about what someone else is telling you and you want a second opinion, I would be open to a paid consultation. I want to ensure we both receive something of benefit for the advice. If you like, you are welcome to call the office and report you would like a paid consultation. Ask for details. Kindly, Allan
I am married to a greencard holder last april this year using my b1/b2 visa.and I’m back here a month ago and giving up my carrier in Canada.my questions are , if he is going to petition me do I have to go back to my homeland (Philippines) and wait for my visa? Or is it okay to stay here while waiting or can I still visit him in the US while pitetion is in process? How long do we have to wait for my visa to be granted? Please help me out of my confusion. .Thank you.
Allan Lolly, Esq. says
Nareen, See F2A category for the Philippines in this link:
Case processing is delayed by about a year currently because your fiance is not a U.S. citizen. It may be possible to remain in the U.S., but you must be in status and not fail to have a valid status. Basically, it would be a trick to try to get you to stay and still qualify to obtain a green card. I’m available to work with you on case processing if that is your interest. Very kindly, Allan