jasonb

Hi, I have applied for my green card as I am married to a permanent resident - filed I-130 to Vermont.

Their processing time is currently Jan 06 - so about 21 months wait - is this the actual wait time to get a green card based on the I-130 or merely the processing date with a further wait for the actual green card?

Thanks

TimandBethanie

nvm!

scrubbedexpat099

You need a visa number first, and that can be 5 years.

How long is it before your spouse can obtain citizenship?

jasonb

nvm? Another useful post by someone!

By the sounds of your answer my guess was right - process the application in 20 months and then wait 5 years for an actual visa number to come up?

She gets citizen status in just over 2 years so that will likely be the course - although we were hoping not to have to go that route.

You would think the US government would realise that and offer an alternative to stop citizen numbers going up? Seems a crazy situation to me.

Noorah101

Hi Jason,

You would think the US gov would realize what? And I'm not sure what you mean by "stop citizen numbers going up?" The US gov actually WANTS permanent residents to become citizens.

Why were you hoping not to go the route of her becoming a US citizen? It's to her benefit to become one, unless she is from a country where she can't hold dual citizenship. Is that the case?

Anyway, your I-130 will be held until a visa number becomes available for you (around 5 years for the spouse of a PR), and when a number becomes available for you, the I-130 will start processing and will take around a year or less to process. In the meantime, in 2 years, your wife can become a USC and upgrade your petition, then a visa number becomes immediately available, then it takes less than a year for the I-130 to process. So looks like the quickest you'll get here is around 3 years from now if she becomes a USC.

Rene

Folinskyinla

Hi:

Just out of curiosity, where did you get the information that states your I-130 will be processed in 20 or 21 months? You don't say and I am not aware of the Government giving out that information. In fact, I don't think the government people know when your I-130 will be reached. IMHO, the only fairly reliable piece of information you have is what the CIS states they are working on now, nothing more.

On the backlog in the numbers, do not blame the administrative agencies. The Immigration & Nationality Act of 1952, as amended sets forth the numerical limitations. Until 1986, the old "P-2" quota was generally "current" [with the exception of certain "oversubscribed" countries]. The available numbers were last increased somewhat in 1990. In 2002, Congress passed the "Child Status Protection Act" which addressed the "age-out" problem. However, an effect of this will be that children who previously "aged-out" from FB-2A to FB-2B will now remain in the FB-2A classification -- thereby increasing the demand for that category until and IF the FB-2B classification catches up.

jasonb

Thanks Rene

A very useful and thorough answer - very helpful.

Hard to believe but she doesn't want to become a US citizen (and neither do I!) Happy being what we are and working here! She can hold dual citizenship in 2 years so that is the route we will have to take.

I just think it's a bizarre situation that the husband of a LPR can't get a working visa for nearly six years - in my humble opinion, why hand out a green card to someone then when that person gets married it takes 6 years for the new husband to get a work permit - just seems a bit long winded. I guess it's the numbers game eh. They are basically forcing the green card holder to become a citizen - you may be right, that's what they want - but I get the impression from the news channels and politicians they have had enough of foreigners coming in and taking their jobs!! haha!

As for the processing times - you get them from the USCIS newsletter - the date for spouse of green card I-130 is Jan 06 for processing.

scrubbedexpat099

You can always apply for a work visa, same way as your wife did.

Current processing dates are an indication at best.

Why can not she move to you?

Folinskyinla

Hi:

I'm very well aware of the January 06 guideline at

https://egov.uscis.gov/cris/jsps/Pro...viceCenter=VSC

However, again, just out of curiosity, where did you get the estimate it would take 20-21 months to adjudicate the visa petition filed on your behalf? I would really like to know. In fact, it would be helpful to other people waiting.

Also, both the family based immigrant visas and the working based immigrant visas are generally subject to numerical limitations. The exception is for "immediate relatives" of US Citizens.

Folinskyinla

Hi:

The only information that I have about the "FB-2A" category is that the cut-off date for next month on visa availability is December 15, 2002. I do not have a clue on how fast the cut-off date will advance. In fact, I'm pretty sure that the Department of State does not knows -- the visa allocation mess last summer on the employment end of the shop was a result of this lack of knowledge.

IMHO, you have no way of knowing whether or not it will be five years, less than five years or more than five years.

Noorah101

But you aren't applying for a work visa. You're applying for a spouse visa to live permanently in the USA. There's a difference.

And, it's just part of the rules that US Citizens are offered different options then Permenant Residents. One of the benefits of becoming a USC is that you can then petition for your spouse and parents to immigrate, with no wait for a visa number to become available. And, a USC can apply for a sibling to immigrate, whereas a PR cannot. With a different status comes different immigration options for family members.

Rene

jasonb

Jesus, I started this thread to ask a simple question and as usual all the know it alls start posting their advice on everything!

I know there are different rules for Citizens v green card holders.

I know there is a long wait.

I just wanted to know if someone had been throught the process and to get their thoughts.

And I already have a working visa - I would just like a green card for more flexibility.

The Jan 06 is clearly stated on the USCIS website as the current processing date of I-130s - why that person keeps asking questions on it is beyond me. If USCIS received your petition in Jan 06 it will be currently be processed, then you have to wait for a visa to come up which can take a few years. Even I got that from the first answer?

I DONT HAVE ANY MORE ANSWERS THATS WHY I POSTED A QUESTION!!

Noorah101

OK, sorry. We don't know how much YOU already know or not. Just trying to be helpful.

If you already have a work visa, then you're good to go for the next few years until your wife becomes a USC, then you can just file for AOS, you don't need to go through the I-130 immigrant visa process if you're already within the USA on an H-type work visa.

Apologies in advance if you already knew this.

Rene

Bill_S

What people are getting at is that the dates reported by USCIS are looking backward. It's tempting to think they have predictive value, but they don't. The dates can move forward, backward, or remain stuck for a variety of complex reasons. Everybody who files a petition with USCIS wants to know how long it will take, and the processing dates look like a convenient metric; projecting them into the future is largely academic.

jasonb

No problem Rene, it was a simple question really - how long will it take me (or anyone) to get a green card based on marriage to a permanent resident.

I am fully aware that it is quicker via a citizen - but, and I know some Americans will find this hard to believe, not everyone wants to become an American! Not that I dont love the place, but Im British, simple. I hope to go back to Britain in a few years and don't want to complicate things if I don't have to.

If my wife has to become a USC to make things easier then so be it - I was just confirming how long it would take to go the other route.

And of course USCIS dates are flexible - I never said Jan 06 as the current processing date is accurate - merely a guideline!! jesus what's with all the stupid answers to a simple question?

IF SOMEONE HAS, IS OR IS ABOUT TO GO THROUGH THIS PROCESS POST - IF YOU SIMPLY WANT TO STATE THE OBVIOUS ABOUT USCIS DATES OR OTHER THINGS DON'T BOTHER - I CAN GO INTO THE KITCHEN AND SPEAK TO A TURNIP FOR OBVIOUS OR STUPID COMMENTS!