aui82

Hi, My husband's a permanent resident in USA and me and my son are currently in Pakistan. As far as i understand, my husband must file an I-130 application for me and my son and wait for its approval. Once the approval is obtained, i will then be issued an immigrant visa.

Now, as we know, processing time for obtaining immigrant visa for spouses of permanent resident is very long and is much quicker for US citizens. Since, an I-130 application needs to be first approved, regardless of whether my husband is a GC holder or a US citizen, is it possible that my husband file for my I-130 right now, as a GC holder, and then apply for adjustment of status for my I-130 once he obtains his citizenship.

My arguement is that the time that it takes for my husband to become a citizen can be used to atleast get the I-130 approved. Will this make the overall process faster as oposed to filing once my husband obtains his citizenship.

Noorah101

Hi Aui, Welcome to BE.

Yes, your husband can and should (in my opinion) file an I-130 for you and an I-130 for your son, while he is a PR. This at least gets you a place in line. That way, if for some reason his US Citizenship is postponed, you still have the I-130 in the system and will proceeed from there.

The I-130 will eventually get approved, but as you know, nothing will happen with your case until a visa number becomes available to you (currently about a 5-year wait for spouse of a US PR).

If your husband becomes a USC in the meantime, he can then upgrade the I-130 petition so that you will become the spouse of a USC, and a visa number will be immediately available to you, so that your case can start processing and you'll get an Immigrant Visa hopefully in less than a year, if you don't run into Administrative Processing after the visa interview.

Your only error in your post seems to be the reference to "adjustment of status". You won't be adjusting status, you'll be applying for an Immigrant Visa.

When will your husband be eligible for naturalization?

Best Wishs,
Rene

jeffreyhy

a,

Not quite. When the I-130s are approved, and when your priority date becomes current, you and your son can apply for an immigrant visas. I-130 is not a visa application.

Your husband must file two I-130 petitions - one each for you and for your (his also?) son.

Regards, JEff

aui82

Hi Rene,

Thanks a lot for your response. What i meant by adjustment of status was what you have mentioned as upgrade of my I-130 petition.

My husband will be filing for his naturalization next month from California.

Furthermore, can you tell me the procedure to upgrade the status of my I-130 petition. Also, how long do you think will it take my I-130 application to be upgraded once my husband gets his citizenship.

If for instance, my I-130 does not get approved by the time my husband becomes a citizen, will it actually cause an unnecessary delay to upgrade and would it then have been quicker to file after my husband's citizenship.

As i understand, after the approval of your I-130 your application is with the NVC. Will it cause any processing delay to upgrade my status with the NVC.

Thanks again for your reply. It was really very helpful.

aui82

Yes Jeff, I understand that two I-130 petitions will have to be filed for me and our son.

My point only is that if i can have the I-130s approved by the time my husband becomes a citizen, we will just have to wait for our priority date to become current. Hence, if the upgrade of petition does not take any extra time, we can expedite the process by applying for our I-130s now.

Thanks,

AUI

jeffreyhy

a,

My point is that you seem to need to learn more about the steps in the immigration process.
- You asked if you would be issued your visa when the petition is approved. You won't.
- You asked about adjusting status. You won't.

Regards, JEff

Noorah101

It has normally been taking about 6 months or so for naturalization. However, if your husband is also Pakistani, he might be involved in lengthy security checks, which could delay the process for him. So it's a very good idea for him to the the I-130s in the system, so they will be in place if his naturalization takes longer.

Your husband would notify NVC, or the service center, depending on where the I-130 is at the time he becomes a USC.

To my knowledge, once NVC knows of his new USC status, the upgrade happens immediately.

No, it should not cause any delays. Your case will already be in the system, and the petition is simply upgraded to spouse and child of USC instead of spouse and child of PR.

Rene

aui82

Jeff, I am just asking if i can expedite the entire immigration process by filing for the I-130s as spouses of LPR and atleast obtaining the approval now and then upgrading the status of the petition after my husband's naturalisation.

I hope i have explained my question better now.

Regards,

AUI

aui82

Thanks Rene,

That's all i needed to know. Bless you...

Regards,

AUI

Noorah101

It doesn't really "expedite" the process....but it does help to have your petition already in line, so that when he becomes a USC it's upgraded, rather than starting the whole I-130 petition phase AFTER he becomes a USC.

For example, what if he's stuck in security checks for 2 years, waiting for his naturalization to happen? At least your petition will be in place during that time, just waiting.

Rene

aui82

Got it. Thanks

AUI

jeffreyhy

a,

You have.

And as R has explained, getting a place in line can be helpful so by all means do it.

Regards, JEff

Folinskyinla

Hi:

Did you marry before or after your husband obtained LPR status?

jeffreyhy

Ouch!

Who was it who was asking earlier today why one might want to use an attorney? Reason #4, they know what questions to ask.

Regards, JEff

aui82

Hi, Folinskyinla

We were married after my husband got LPR status. Does it make any difference though..