oopssorry34

My husband is working in the USA with an L1b visa. His company is applying for a green card for him via labor certification. My question is, if he is successful and obtains the Green Card [which I know is a lenghty process], what happens to myself and our children. Are we included on his application and do we also get a Green Card? I suppose our intentions of moving out to the USA is to eventually become USA citizens, i know we have to be resident for 5 years before we can apply. Any advice welcome. Thanks!!!!

Ingo Pakleppa - see web site for email

On Fri, 23 Apr 2004 16:21:20 +0000, oopssorry34 wrote:


    > My husband is working in the USA with an L1b visa. His company is
    > applying for a green card for him via labor certification. My question
    > is, if he is successful and obtains the Green Card [which I know is a
    > lenghty process], what happens to myself and our children. Are we
    > included on his application and do we also get a Green Card? I suppose
    > our intentions of moving out to the USA is to eventually become USA
    > citizens, i know we have to be resident for 5 years before we can apply.
    > Any advice welcome. Thanks!!!!

Yes, in most cases as long as the children are younger than 21 when the
process is completed (no age limit for the spouse, of course), the family
will be included. You will be included with the Labor Certification, but
each one of you will file a separate adjustment of status (I-485).

The five years until citizenship do not start until you actually have a
Green Card approved, so the time on L-1B does not count.

--
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Please support H.R. 539, H.R. 832 and S. 1510. More information at
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oopssorry34

Thanks so much! That has really put my mind at rest! I had visions of when our L2 visa expired that the kids and I would have to leave and then he would have to sponsor us once [or if] he got the Green Card. I envisaged 5 years apart! Once again thank you!

Another matter if my husband or I went for USA citizenship, what would happen with our children, would they automatically become citizens or would they have to go through the process as individuals?

Ingo Pakleppa - see web site for email

On Sat, 24 Apr 2004 18:15:52 +0000, oopssorry34 wrote:


    > Thanks so much! That has really put my mind at rest! I had visions of
    > when our L2 visa expired that the kids and I would have to leave and
    > then he would have to sponsor us once [or if] he got the Green Card. I
    > envisaged 5 years apart! Once again thank you!
    >
    > Another matter if my
    > husband or I went for USA citizenship, what would happen with our
    > children, would they automatically become citizens or would they have to
    > go through the process as individuals?

It depends on their age. When the parents naturalize (the day you take the
oath counts here) before the children are 18, the children are
automatically naturalized. Otherwise, they have to apply for citizenship
by themselves (I believe they can't file until they are 18).

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

oopssorry34

Thanks! My children are 13, 9 and 6. The only one that may not be able to be included is the 13 year old, but I suppose that is dependent entirely on the timescale it takes for the labor certificate and the eventual Green Card issuance.

Ingo Pakleppa - see web site for email

On Sat, 24 Apr 2004 20:25:54 +0000, oopssorry34 wrote:


    > Thanks! My children are 13, 9 and 6. The only one that may not be able
    > to be included is the 13 year old, but I suppose that is dependent
    > entirely on the timescale it takes for the labor certificate and the
    > eventual Green Card issuance.

I think they should all be able to make it. The 13-year old will likely
have to apply for naturalization independently, though. But that shouldn't
be a problem.

By the way, if the 13-year old is a boy, make sure that he registers for
selective service when he turns 18. Otherwise, naturalization can be
problematic. Your husband would also have to register, but only if he was
26 or younger at the time you get the GC. Given the age of your children,
that's not likely.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

oopssorry34

Yep the 13 year is a boy the 9 year old too. Thanks for bringing the Selective Service to my attention, I wouldn't have know. I've just looked the information up. Many many thanks!