Hi Allan, my husband is a green card holder in the state of Virginia and will apply for U.S. citizenship in 2014. I live in Pakistan. Can he bring me to the USA through a marriage immigration visa?
Question
Hi Allan, my husband is a green card holder in the state of Virginia and will apply for U.S. citizenship in 2014. I live in Pakistan. Can he bring me to the USA through a marriage immigration visa? Amber
Answer
Amber, Yes, your husband can petition to immigrate you to the U.S. even though he is not yet a U.S. citizen. However, there will be a 3 year hold placed on your case simply because he is not a U.S. citizen, only a green card holder. In addition, there is normal case processing separate and apart from the 3 year hold. The added delay for a green card holder is to limit what is called, “chain migration”.
In your case, you might wonder whether it makes sense for him to simply wait until he becomes a U.S. citizen to avoid the 3 year hold. The answer is, “No”. It is better to get things moving now and then upgrade your filings after he becomes a U.S. citizen. Let me explain.
Right now, normal marriage processing by a U.S. citizen immigrating a foreign spouse to the U.S. is currently taking approximately 1 year through the U.S. consulate in Islamabad. Timing is different at each U.S. consulate, but they all take many months to complete. Islamabad is slower than average.
By starting case processing now for you, we can partially process the spousal visa while he is waiting to apply for U.S. citizenship. Once he obtains it, we should be able to complete case processing through Islamabad in about 6 months (half the time). Overall, this is the quickest way to bring you to the U.S. When he applies for U.S. citizenship in 2014, then you should likely be able to complete marriage visa processing and arrive in the U.S. sometime in 2015 with good planning.
Please discuss with your husband and let me know if you would like assistance in coordinating your immigration to the U.S.
Kind Regards,
Allan
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ranita mala says
i m currently a green card older and wanted to know if i wanted to get married in india how long will it take for the visa for my spouse or come if i get married or if i apply for a fiance visa wat is the process or how how can we apply for him to come to usa
Allan Lolly says
Ranita, Thank you for your inquiry. The time it takes to bring your fiance to the U.S. depends on where in the U.S. you reside and where in India your fiance resides. It also depends on how soon you are eligible to apply for U.S. citizenship. Can you please provide this information to me at allan@asl-lawfirm.com? Please include your first and last name when writing to me, and also repeat your question so that I understand clearly. I will be glad to reply and discuss as needed. Kind regards, Allan
rupinder kaur says
im green card holder.I want to be ask that if i apply for my fiance in how many months he will be will in USA?? or if after marriage i apply than in how long it will take to come in USA??
Allan Lolly says
Rupinder, Since you are not a U.S. citizen, you cannot apply to immigrate a foreign fiancee. You can apply to immigrate a foreign spouse. Timing changes and it also depends on the country in which she resides. Right now it is taking about 2-3 years to complete case processing unless you first become a U.S. citizen. Kind regards, Allan
Munsarim says
Hi Allan,
Hope you’re doing great. Just wanted to know that my wife is a green card holder and its been almost four years she has been travelling to USA and coming back to Pakistan as she is doing her Masters here and couldn’t get a chance to stay for longer period in US. If she applies for a spouse visa on my behalf and at the same time also file for US citizenship then how long would it take for me to be able to come to US? And would i be legal to work in US on that visa (spouse visa)? Your valuable feedback in this regards would be highly appreciated. Thanks.
Regards,
Munsarim
Fatmeed.T says
My spouse is a green card holder but not staying in US. If she applies for my spouse visa then how long will it take to process the case and when should she apply for the citizenship. How much time will it take to process the citizenship?
Allan Lolly says
Munsarim, I’m doing well. Thanks. Case processing for a marriage visa in your situation is currently taking about 3 or so years. If your wife qualifies for U.S. citizenship and obtains it, then case processing can be sped up. It would help to know the soonest she would become eligible to apply for U.S. citizenship, assuming she qualifies. You would be able to work shortly upon arrival in the U.S. on the marriage visa. Kindly, Allan
Allan Lolly says
Fatmeed, The time it takes to process you on a marriage visa is a bit longer than 3 years because your wife is not a U.S. citizen. If she were to become a U.S. citizen, this could help speed up case processing. In most cases, a green card holder cannot qualify for U.S. citizenship if she spends too much time out of the U.S.
https://asl-lawfirm.com/us-citizenship/
If she can qualify for U.S. citizenship, case processing is currently taking about 4-6 months. Allan
Ema says
Hi!I have a questions about my case!My husband is Green Card Holder and he apply for me the petition I-130 and they approved and send it to the NVC!I’m in USA legally with tourist visa and I want to know do I have to go back in my country or I can wait here ,and how long it will take?He is only permanent resident like more than 10 years!
Allan Lolly says
Ema, I am available for case processing. It seems you simply would like information. Your husband already made initial submissions. In this case, I can offer a paid consultation so we both receive something from the exchange. You are welcome to call my office and inquire. I will be glad to advise and discuss. Kindly, Allan