Time required to bring new spouse of LPR to USA?

[Nafsiyati]

I am currently working on H1-B visa and my employer-sponsored LPR process will take ~6 more months to complete as dates are current for my country(Pakistan).

I've been reading here that for a LPR, it takes ~5 years to bring new spouse to USA from abroad. Lawyer processing my application has advised me to get married ASAP if I want to avoid long delays down the road, but I want to take some time to decide on getting married. Now my question is:

1- Is it true that after my LPR process, it will take me ~5 years to bring new wife to US?
2- Isn't the process for new spouses of LPRs takes less time for some countries, like ~1 year?

Thanks a lot !

[newacct]

I am currently working on H1-B visa and my employer-sponsored LPR process will take ~6 more months to complete as dates are current for my country(Pakistan).

I've been reading here that for a LPR, it takes ~5 years to bring new spouse to USA from abroad. Lawyer processing my application has advised me to get married ASAP if I want to avoid long delays down the road, but I want to take some time to decide on getting married. Now my question is:

1- Is it true that after my LPR process, it will take me ~5 years to bring new wife to US?
2- Isn't the process for new spouses of LPRs takes less time for some countries, like ~1 year?

Thanks a lot !

If you marry before you become a permanent resident, your spouse can immigrate as your derivative beneficiary, which means she will likely not have a wait for visa numbers (as a visa number must have been available when you became a permanent resident, so unless it retrogressed, it will still be available in the future; and even if it retrogresses it's unlikely to be very much), and can immigrate relatively quickly. If you marry after you become a permanent resident, you will have to petition her as a spouse of a permanent resident, in the F2A category, which has a wait for visa numbers of around 2 years.

[Nafsiyati]

If you marry before you become a permanent resident, your spouse can immigrate as your derivative beneficiary, which means she will likely not have a wait for visa numbers (as a visa number must have been available when you became a permanent resident, so unless it retrogressed, it will still be available in the future; and even if it retrogresses it's unlikely to be very much), and can immigrate relatively quickly. If you marry after you become a permanent resident, you will have to petition her as a spouse of a permanent resident, in the F2A category, which has a wait for visa numbers of around 2 years.

Thank you so much for replying. I've read a bit more while wondering how the duration of '~2 years' was estimated. I saw the Apr 2018 visa bulletin and it mentions two kinds of dates for the F2A category:

A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

'A' seems to be the one used in the estimation of '2 years', right? What are dates in 'B' for then?

Thanks !

[newacct]

Thank you so much for replying. I've read a bit more while wondering how the duration of '~2 years' was estimated. I saw the Apr 2018 visa bulletin and it mentions two kinds of dates for the F2A category:

A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

'A' seems to be the one used in the estimation of '2 years', right? What are dates in 'B' for then?

Thanks !

If she is doing Consular Processing abroad, they will probably start processing her case when the Date for Filing reaches her priority date (though this process is initiated by them, not her). But they cannot actually issue the immigrant visa until at least the Final Action Date reaches her priority date.

If she is doing Adjustment of Status in the US, she needs to look at the USCIS's chart for deciding when she can file I-485. USCIS choose one of the two Department of State charts each month, and whichever chart they choose is the chart that decides whether you can file that month. And they cannot actually approve the I-485 until at least the Final Action Date reaches her priority date.

[Nafsiyati]

If she is doing Consular Processing abroad, they will probably start processing her case when the Date for Filing reaches her priority date (though this process is initiated by them, not her). But they cannot actually issue the immigrant visa until at least the Final Action Date reaches her priority date.

If she is doing Adjustment of Status in the US, she needs to look at the USCIS's chart for deciding when she can file I-485. USCIS choose one of the two Department of State charts each month, and whichever chart they choose is the chart that decides whether you can file that month. And they cannot actually approve the I-485 until at least the Final Action Date reaches her priority date.

Thank you for replying, very helpful !

[Nafsiyati]

I was reading this immihelp article and the following text caught my attention:

You become a permanent resident the day you enter United States with an immigrant visa. Until then, you are
not a permanent resident, even after you get immigrant visa.

I wanted to ask, if let's say I complete the EB-2 process going the adjustment of status route without leaving the US, will that also apply to me? Or that is something exclusively for those going the counselor processing route?

Thanks !

[newacct]

I was reading this immihelp article and the following text caught my attention:

You become a permanent resident the day you enter United States with an immigrant visa. Until then, you are
not a permanent resident, even after you get immigrant visa.

I wanted to ask, if let's say I complete the EB-2 process going the adjustment of status route without leaving the US, will that also apply to me? Or that is something exclusively for those going the counselor processing route?

Thanks !

That's for Consular Processing. If you are doing Adjustment of Status, you become a permanent resident when the AOS is approved.

[Nafsiyati]

That's for Consular Processing. If you are doing Adjustment of Status, you become a permanent resident when the AOS is approved.

Got it. Thanks for clarification !

[Nafsiyati]

My 6 years on H1B have ended and currently my H1B extension application is pending with USCIS to re-capture the time totalling approximately 120 days that I spent abroad. Also my labor certification application is pending as well. The HR department has informed me that once labor certification is approved, they plan to submit I-140 and I-485 concurrently since my priority dates are current.

As I understand, the only time I will be able to travel abroad and return to USA without going to US embassy now will be on ?advance parole?. Let?s say I get married while I?m abroad on ?advance parole?. Will my future wife be able to utilize my immigrant visa number to avoid delays?

[newacct]

Let?s say I get married while I?m abroad on ?advance parole?. Will my future wife be able to utilize my immigrant visa number to avoid delays?

yes. But if she cannot enter the US, she will have to do Consular Processing abroad, which will have to wait until your AOS is done, so she may still have to wait a while.

[Nafsiyati]

yes. But if she cannot enter the US, she will have to do Consular Processing abroad, which will have to wait until your AOS is done, so she may still have to wait a while.

Thanks !